Collin County DWI Lawyers

DWI

There is a difference between DWIs and DUIs in Texas. DUIs are class C misdemeanors charged under Texas Alcoholic Beverage Code section 106.041. Usually, minors with detectable alcohol in their body are charged with DUI. Driving while intoxicated (DWI) is a class B misdemeanor charged under Texas Penal Code section 49.04. You can be charged with DWI if you have lost the normal use of your mental or physical faculties, or if your blood alcohol concentration is at least .08. DWI is a serious drunk driving offense, and you should retain an attorney if you have been charged with it. According to the Texas Department of Transportation, somebody is injured or killed in an alcohol-related crash every 20 minutes in Texas.

First-Time DWI


A first-time DWI is a class B misdemeanor. A conviction with less than .15 blood alcohol content carries a sentence of 3-180 days in jail, a fine of up to $2,000, and a driver’s license suspension of 90-365 days. However, if your blood alcohol content is .15 or more, you can face up to one year in jail and a fine of up to $4,000. Certain factors can complicate a first-time DWI. For example, if you were carrying a passenger who is under age 15, you could be charged with child endangerment, even if this was your first DWI. A DWI with a child passenger can result in a conviction that carries up to two years’ incarceration, a $10,000 fine, and the loss of a driver’s license for 180 days. A DWI attorney in Collin County can explain the specific penalties that you may face.

People charged with DWI are not allowed to get deferred adjudication in Texas. However, it may be possible to apply for a nondisclosure. Nondisclosures are a legal remedy that limit who can view your criminal record. If you had a blood alcohol content of .08-.14 during the DWI, you can apply for a nondisclosure two years after probation termination. Other conditions must also be met. For example, it must be a first-time misdemeanor DWI.

Repeat DWI


Repeat DWIs carry harsher punishments than do first offenses. The penalties for a DWI increase if you face a second, third, or fourth DWI charge within a five-year period. For example, a second offense can involve a jail sentence of 30 days to a year, a fine of up to $5,000, and a driver’s license suspension of between 180 days and two years. People who receive two or more DWI convictions within a five-year period must also install an ignition interlock device on their car. Meanwhile, a third offense is a third-degree felony that can result in 2-10 years’ incarceration, a fine of up to $10,000, and a driver’s license suspension of 180 days to two years. If you are convicted of a felony, you can be disqualified from voting or possessing a firearm. The penalties are more severe if there is an accident that results in injuries or death. The punishment is also harsher for a DWI involving a child passenger. Considering the severity of the consequences, it is especially important to consult a Collin County DWI attorney if you are facing a repeat DWI charge.

License Suspensions

If you fail or refuse to undergo a breath or blood test after being arrested for DWI, your driver’s license will be suspended unless you request an ALR hearing within 15 days of when you received the notice of suspension. An administrative judge presides over the ALR hearing. Generally, if you refuse to take a breath or blood test, your license can be suspended for at least 180 days. However, if you took a breath or blood test and failed, your suspension will last for at least 90 days. In either case, the judge will look at whether there was a reasonable suspicion for the officer to stop you and whether there was probable cause for your arrest. If your license is suspended after an ALR hearing, you will get information about having your driving privileges reinstated.

If you are charged with DWI, your license may be suspended both administratively and criminally. These involve different proceedings. If you want to keep your driving privileges during and after the DWI trial, you should retain a Collin County DWI lawyer to represent you at two different hearings, one before the Department of Public Safety and the other in criminal court.

Attorney Writ Bonds

It can take days before a judge or magistrate sets a bond after a DWI arrest. An attorney writ bond is a writ of habeas corpus, which is a court order to an institution or other entity to deliver someone who is imprisoned to the court that issued the order. Writ bonds allow a licensed attorney to get an inmate released from incarceration in a matter of hours. Usually, you can be released within 2-3 hours with an attorney writ bond. DWI is one of the types of crimes that may allow you to be released with an attorney writ bond. However, a writ bond cannot be used for felonies.

If you are arrested, regardless of which county, you will need to see a magistrate judge in the county where the bond amount is set. The amount will vary depending on many factors, such as what the charge is and where you live. When an attorney is hired to file a writ bond instead, the process may be expedited, such that you will not need to wait to see the magistrate judge. Instead, bond is set according to a schedule, and you can post the bond amount to get released.

Consult a Knowledgeable DWI Lawyer in Collin County

Mr. Burleson and Mr. Biederman both have special training in DWI defense. Unlike most other defense attorneys, they are each certified in the administration of Standardized Field Sobriety Tests, which are used when investigating alleged drunk driving. This provides a strategic advantage when preparing your DWI case because we know what officers should know when administering or scoring Field Sobriety Tests. We can spot when mistakes have been made and use any irregularities to our clients’ advantage at trial. Call us at (866) 439-2182 or use our online form to set up an appointment.