Collin County DWI Lawyer | Driving While Intoxication Defense

In Texas, it is not illegal to drive after consuming alcohol. It is only illegal to drive if you are “intoxicated.” Unfortunately, that line is often crossed unintentionally and can lead to an arrest for DWI.

Each Collin County DWI lawyer at our firm hears from clients every day who were stopped for a traffic violation on their way home from dinner or happy hour and ended up in handcuffs. Suddenly, their whole world is turned upside down, as they contemplate how a DWI arrest can affect their daily life and, in some cases, their profession.

Collin County Driving While Intoxicated Defense

If you or a loved one is facing a DWI charge in Collin County, the single most important thing you can do is hire an experienced DWI attorney with a proven track record of success. We have helped hundreds of people just like you come out the other side of a DWI arrest with their life, livelihood, and liberty firmly intact.

Here’s what you need to know about DWI charges in Texas and how we defend DWI clients throughout Collin County, including Plano, Allen, Frisco, and Wylie.

How is intoxication defined by Texas DWI law?

The Texas Penal Code defines “intoxication” as:

  • not having the normal use of mental or physical faculties due to the “introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more substances, or any other substance into the body;


  • “having an alcohol concentration of 0.08 or more.”

Some drivers attempt to gauge intoxication by the number of drinks they had during a specific time period. This is a poor measure of intoxication. It’s important to understand that weight, gender, food intake, and type of alcohol can all affect blood alcohol concentration.

Not to mention, intoxication is not limited to alcohol. As you can see by the definition, intoxication also includes drugs, including prescribed medication and illicit substances. We have successfully defended numerous cases in which a person was charged with DWI who had no alcohol in their system.

How do prosecutors prove a DWI case?

To prove a person was driving while intoxicated in Texas, a prosecutor must show that a person was “intoxicated” while operating a vehicle in a public place.

Because the definition of intoxication is two-pronged, prosecutors have a choice in how they try to prove their case. They can attempt to prove that your blood alcohol concentration was .08 at the time of driving or that you did not have your normal faculties due to a substance (drugs, prescription drugs, or really anything else) that was ingested. The evidence they will use will largely revolve around the results of your breath and blood tests and camera footage of any roadside tests. That’s why our DWI lawyers advise clients not to voluntarily consent to sobriety tests or breath or blood tests. Without that evidence, prosecutors have a difficult time building a case.

How will your Collin County DWI lawyer fight my case?

Our Collin County DWI lawyers have handled hundreds of intoxicated-related offenses and are well-versed in the effects that alcohol and drugs have on the body. We will leave no stone unturned when investigating your case and determining the best strategy for you. We will work to identify weaknesses and leverage them to your advantage. This could include, but is not limited to:

  • Challenging the validity of the traffic stop
  • Attacking the probable cause for the arrest
  • Contesting the arresting officer’s observations and conclusions
  • Identifying issues in investigative techniques
  • Challenging the search warrant
  • Questioning the reliability of breath and blood results and testing
  • Attacking the admissibility of evidence
  • Attacking the credibility of witnesses
  • Disputing expert testimony

Take a minute to watch this video by Board Certified Criminal Defense Attorney Benson Varghese on ways we fight a DWI case.

What is the punishment for a DWI in Collin County?

Many people are surprised to hear the potential punishment for DWI charges. Here’s a breakdown:

  • A first-time DWI is a Class B misdemeanor, punishable by 3 to 180 days in county jail and a maximum $2000 fine.
  • A DWI with a BAC over .15 is a Class A misdemeanor, punishable by up to a year in jail and a maximum $4,000 fine.
  • A DWI with a child in the car is a state jail felony, punishable by six months to 2 years in a state jail facility and a maximum $10,000 fine.

Although jail time is a possibility for first-time offenders, our Collin County DWI lawyers work tirelessly to get the most favorable results possible. Our goal is to avoid time and keep your record clean. We are proud to say that most of our DWI cases result in a dismissal, acquittal, reduced charged or deferred adjudication probation.

Can you help me get my driver’s license back?

Yes, our attorneys will help you obtain an occupational driver’s license so you can legally drive to work and school-related activities and perform essential household duties. We can also help you regain driving privileges by requesting and representing you at an Administrative License Revocation (ALR) Hearing, where we will challenge your license suspension.

Will I have to go to trial?

There are several ways in which a DWI case can be resolved. This can include a dismissal, a plea deal or a trial. Most DWI cases do not result in a trial. However, if we feel this is the best strategy and you agree, we have no reservations taking a case to trial. We have the best trial attorneys in the state of Texas at our firm and prosecutors know it. Because we are a force to be reckoned with in trial, prosecutors tend to take us very seriously when we come to the table to negotiate.

Is it possible to get a first-time DWI off my record?

Yes, in many cases, it is possible to seal your DWI record from the general public, which means it will not show up on most background checks. This is accomplished through a non-disclosure, which is a court order that prevents public entities from disclosing or releasing arrest and case information to the general public. You are eligible for a DWI non-disclosure if:

  • Your case was dismissed by a judge or prosecutor;
  • Your case was dismissed after successfully completing deferred adjudication probation;
  • You successfully completed probation for a first-time DWI; or
  • You served a misdemeanor jail sentence for a first-time DWI.

It’s important to note that not all DWI case are eligible for non-disclosure and there is a waiting period. Certain conditions must be met, including:

  • This must be your first DWI offense;
  • Your BAC must be less than .15;
  • You must not have ever been convicted of another crime or placed on deferred adjudication probation (excluding minor traffic offenses);
  • You must have successfully completed any jail time and completed any community supervision;
  • You must have paid all fines, court costs, and restitution;
  • The waiting period for petitioning the court has elapsed. 

Why hire us?

There is no substitute for hiring the best. Varghese Summersett has more 5-star reviews than any other criminal defense firm in North Texas and there is a reason for that. All of our senior attorneys are former prosecutors and four of board-certified in criminal law, the highest designation an attorney can reach. We have built a reputation for relentless, unwavering defense. We have successfully helped hundreds of people in your situation, and we can help you, too. Call 817-203-2220 today for a free consultation with a Collin County DWI lawyer.

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