A DWI in Texas carries serious penalties, including fines, license suspension, jail time, and mandatory ignition interlock devices (IIDs) for repeat offenders. Even a first-time DWI can lead to harsh consequences under Texas DWI laws, making it critical to contact our experienced defense attorney as soon as possible.
Plano sees a significant number of traffic stop cases resulting in DWI convictions. If you are facing a DWI charge, you need a skilled criminal defense team to protect your rights.
Our Collin County-based law office has successfully handled DWI cases across Texas, helping clients fight charges and minimize penalties. Our strong defense lawyer will challenge the evidence, question the legality of the traffic stop, and work to get charges reduced or dismissed.
Whether this is your first-time DWI or you have prior offenses, having our dedicated criminal defense attorney is necessary to secure the best possible outcome.
Don't Delay in Consulting Our Plano DWI Lawyers to Protect Your Rights
The Texas Department of Public Safety enforces strict penalties, including license suspension, fines, and potential jail time. Without legal representation, you risk damaging your record and facing long-term consequences.
- 15-Day Deadline for ALR Hearing: After a DWI arrest, you have only 15 days to request an Administrative License Revocation (ALR) hearing. This hearing determines whether your driver's license will be suspended. Failing to act within this timeframe results in automatic suspension, making it harder to fight your case. Our criminal defense attorneys will handle this process and fight to protect your driving privileges.
How our attorneys help:
- Guide You Through the Legal Process: Our defense lawyers explain your options and create a strategy to beat your DWI charge.
- Challenge the Evidence: We examine the traffic stop, breathalyzer results, and arrest procedures for errors.
- Represent You in Court and ALR Hearings: Whether negotiating a reduction or fighting for dismissal, we work to secure the best possible outcome.
Time is limited, and delaying can put your case at risk. Contact our law office today for a free case evaluation.
Our top-rated criminal defense attorneys handle cases in Collin County and across Texas.
What to Do After a DWI Arrest in Plano
A DWI arrest can be overwhelming, but how you respond will significantly impact your case. Following the right steps can help protect your rights and improve your defense strategy.
- Stay calm and composed: Law enforcement officers closely observe your behavior during a traffic stop and arrest. Reacting aggressively or appearing nervous can be used against you in court. Staying calm shows cooperation without admitting guilt.
- Exercise the right to remain silent: Anything you say can be used against you. If an officer asks, "How much have you had to drink?" even a casual response like "Just a couple" can support the prosecution's case. Politely state that you are invoking your Fifth Amendment right and request our defense attorney.
- Request legal representation immediately: Our criminal defense lawyer experienced in DWI in Texas cases will protect your rights, challenge the evidence, and guide you through the legal process. Delaying legal help could hurt your case.
- Preserve evidence and document everything: Write down details about the traffic stop, field sobriety tests, and any statements made by the officers. If possible, note witnesses or surveillance cameras that may support your defense.
- Request an Administrative License Revocation (ALR) hearing: In Texas, you only have 15 days to request an ALR hearing to contest your driver's license suspension. Missing this deadline means an automatic suspension under the Texas Department of Public Safety rules.
💡 Stay Alert: Maintain full attention while driving, follow traffic signs, and don't engage in distractions—safety is key.
How Our Plano DWI Attorneys Can Help
Having our experienced law firm on your side is necessary at a time like this. Our DWI defense team understands Texas law and fights to protect your rights from the moment you're arrested.
- Immediate Legal Guidance: Early intervention is key to building a strong defense. For example, if a prosecutor relies on a blood test to prove intoxication, we can challenge the results based on testing errors or lack of probable cause for the traffic stop. Acting fast can prevent costly mistakes and help you avoid a criminal record.
- Protecting Your Rights: Law enforcement must follow strict procedures when investigating driving while intoxicated cases. If the officer lacked reasonable suspicion to pull you over or failed to establish probable cause for an arrest, your charges could be reduced or dismissed.
- Challenging Evidence: A blood alcohol test isn't always accurate, and field sobriety tests are often unreliable. Our DWI defense attorneys analyze every detail to challenge weak evidence and build a strong case.
- Tailored strategies for each case: Whether it's your first DWI or a repeat offense, we fight for reduced charges, dismissal, or alternative sentencing options to keep a criminal record from impacting your future.
If you're driving under the influence and arrested, don't wait—contact our Richardson criminal defense lawyers today to protect your future.
Why Choose Our Plano DWI Lawyer?
Choosing the right law firm after a DWI and DUI charge can make a significant difference in your case.
- Local Expertise: Our attorneys have extensive experience handling DWI and DUI cases in Plano, making us well-versed in the local courts, judges, and law enforcement procedures. This knowledge allows us to anticipate how the prosecutor may build their case and develop a tailored DWI defense strategy. For example, we understand how local officers establish probable cause during a traffic stop and can challenge improper blood tests or field sobriety procedures.
- Commitment to Client Success: We are dedicated to helping clients achieve the best possible results, whether that means reduced charges, dismissed cases, or minimized penalties. Many clients facing a first DWI worry about a criminal record, but our legal team has successfully fought to prevent long-term consequences. One recent client, charged with driving while intoxicated, had their case dismissed due to a lack of reasonable suspicion during the initial stop.
We represent individuals in Plano and throughout Collin County in the following areas:
- Plano
- Dallas
- Collin
- Denton
- Parker
- Tarrant
Types of DWI Offenses We Handle in Plano
Depending on the circumstances, a DWI charge in Texas can range from a misdemeanor to a felony. Our experienced DWI defense team handles various cases, building strong strategies to challenge the prosecutor's evidence and protect your rights.
- First, Second, and Subsequent Offenses: A first DWI is typically a Class B misdemeanor, carrying up to 180 days in jail, fines up to $2,000, and a license suspension. A second DWI leads to harsher penalties, while a third DWI becomes a felony, resulting in state prison time and a permanent criminal record. We fight to reduce charges or dismiss cases when possible.
- Aggravated & Felony DWI: A DWI can escalate to a felony if there are aggravating factors such as high blood alcohol levels, reckless driving, or repeat offenses. These cases can lead to years in prison and lifelong consequences. We challenge probable cause, blood test accuracy, and procedural errors to build a strong defense.
- DWI with a Minor Passenger: If arrested for driving while intoxicated with a passenger under 15 years old, you face automatic felony charges with up to two years in state jail and a $10,000 fine. We focus on proving a lack of intent, challenging reasonable suspicion, and negotiating reduced penalties.
- Boating While Intoxicated (BWI): Operating a boat under the influence carries the same penalties as a DWI and can lead to license suspension and criminal charges. Our defense team works to prove improper testing procedures or lack of probable cause to have charges dismissed.
- Commercial Vehicle DWI: Texas law enforces strict penalties for commercial drivers with a BAC of just 0.04%. A DWI conviction can result in a lifetime commercial license disqualification. Our attorneys use technical defenses and procedural errors to fight these charges.
- Intoxication Assault & Manslaughter: A DWI involving a serious accident with injuries or fatalities can lead to felony charges with lengthy prison sentences. We challenge fault determination, blood alcohol evidence, and police procedures to fight for the best outcome.
- Drug-Related DWI: Driving under the influence of drugs, including prescription medications, is treated the same as an alcohol-related DWI. These cases often rely on blood tests, which we scrutinize for errors to build a strong defense.
- Underage DWI: A driver under 21 years old with any detectable blood alcohol faces a license suspension, fines, and mandatory alcohol education programs. We work to protect young drivers from a permanent criminal record and severe penalties.
⚠️ If you're served with a court summons for a traffic violation, don't make any decisions without an attorney. Your rights may be compromised. Contact our DWI defense lawyer immediately for a strong defense.
Understanding DWI Charges in Plano
If you get a DWI in Texas, the consequences can be severe. A conviction in Texas can lead to hefty fines, jail time, and long-term impacts on your record.
Our experienced Plano DWI attorneys represent people charged with DWI and DUI, fighting to minimize penalties and protect your rights.
- Legal BAC Limits: In Texas, the legal blood alcohol concentration (BAC) limit is 0.08% for most drivers, 0.04% for commercial drivers, and 0.00% for drivers under 21. If law enforcement determines that a driver exceeds these limits through a blood test or breathalyzer, they may face DWI and DUI charges.
- Potential Penalties: A first DWI conviction can result in up to $2,000 in fines, a license suspension of up to one year, and up to 180 days in jail. A second offense carries higher penalties, including a longer license suspension and mandatory ignition interlock device (IID) installation. A felony DWI (such as a DWI 3rd or a DWI with a child passenger) can lead to years in prison, thousands in fines, and a permanent criminal record.
- Long-Term Impacts: A DWI conviction affects more than just your immediate penalties. It can result in higher insurance rates, difficulty finding employment, and travel restrictions. A criminal record can make it harder to pass background checks, and certain convictions can never be expunged under Texas law.
Our DWI defense team understands how to fight these charges, challenge probable cause for a traffic stop, and question the accuracy of blood alcohol tests.
Texas DWI FAQ
What is DWI?
DWI is a criminal offense that says a person may not drive a motor vehicle in a public place while “intoxicated.” The DWI statute does not say driving while drunk or “drunk driving.”
What is the legal definition of intoxication?
The legal definition of intoxication in Texas is:
- Having an alcohol concentration of 0.08 or more
- Not having the normal use of physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substances into the body.
- Not having the normal use of mental faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substances into the body
What does ‘normal’ mean?
According to the law, the definition of the word normal is the average person. The problem is how do we determine the average person? The law is vague in this subject, which lends itself for good argument to a jury that everyone is different and each has his own normal.
What is 0.08-alcohol concentration?
“Alcohol concentration” is defined by statute as: a. the number of grams of alcohol per 100 milliliters of blood; b. the number of grams of alcohol per 210 liters of breath; or c. the number of grams of alcohol per 67 milliliters of urine. A 0.02 equals one drink. A drink is 1-¼ ounces of liquor, 1 12oz beer, or 1 glass of wine. It takes one hour for the body to burn off a 0.02 down to a 0.00. Thus, to reach a 0.08 a person must consume four drinks in one hour.
Am I required to answer any questions, take Field Sobriety Tests, or take a breath test?
Under criminal law, you are not required to perform any type of test or answer any questions to the police officer. You have the right to refuse any tests and request an attorney. However, if you refuse to attempt these tests, the officer most likely is going to arrest you. Further, the civil law, which your driver’s license falls under, does not protect you. In fact, when you applied for your driver’s license you unknowingly consented to any future tests, if to which you refused you would lose your driver’s license for a period of six months. The decision is yours and there is a civil risk (your license), but you do have rights, and should not waive them. Always request your lawyer and don’t cooperate with anything if you wish to exercise your rights.
Does a person have a choice to refuse being videotaped?
No. However, although a person has no right to refuse being videotaped, he does have the right to refuse to perform any police field sobriety exercises and to refuse to answer any questions, the answers to which, might be incriminating. Unlike breath or blood test refusals, there are no penalties for refusing to perform field sobriety tests or refusing to answer questions while being videotaped.
Are Field Sobriety Tests very accurate?
If performed in a controlled environment in the exact proscribed standardized manner, the tests can be a likely indicator of intoxication. This is hardly done in the street. The research conducted by the National Highway Traffic Safety Administration, the designers of the tests, concluded the Horizontal Gaze Nystagmus is 77% accurate, the Walk & Turn is 68% accurate, and the One Leg Stand is 65% accurate only when administered in the prescribed, standardized manner. Any change from the standardized manner will compromise the tests validity and make any result inaccurate. When not conducted properly it becomes an opinion test of the officer. Therefore, these tests will inaccurately claim 23% – 35% of the people tested as intoxicated. Which when done incorrectly, which is the norm, can drop the accuracy to a frightening level.
What can affect my performance on Field Sobriety Tests?
Even SOBER persons can have difficulty with these tests, as stated by The National Highway Traffic Safety Administration. The reason is as the NHTSA has admitted, are several factors that affect every person, such as:
- Age
- Being ill
- The distraction of traffic
- The police car’s strobe lights
- Fatigued
- Footwear
- Lack of coordination
- Gusts of wind
- Weight
- Road or sidewalk conditions
- Allergies
- Scared
- Head lights of traffic
- Weather conditions
- Being nervousness
- Back problems
- Leg or knee problems
- Inner ear disorders
What is the State’s burden of proof to prove me guilty?
The State of Texas must prove your guilt “beyond a reasonable doubt”, which is the highest burden of proof in the justice system. It is not defined, by Texas law, but can be easily explained to a jury.
The lowest burden of proof is probable cause. That is how an officer can start an arrest.
The next highest burden of proof is preponderance of the evidence. This is the amount of proof needed in civil courtrooms involving civil suites. A preponderance of the evidence is proof amounting to 51% or who can move the scales of justice. The next highest burden of proof is clear and convincing evidence. This is amount of proof that will cause a juror or judge to have a “firm belief” in the matter to be proved. This is used in custody cases. Most juries when they hear that the burden of proof is higher than that to take their kids away from them understand the high level of proof. Beyond a Reasonable Doubt is the highest burden of proof. A jury must have more than that necessary to take your kids away in evidence that you were intoxicated before they could find you guilty. This is very simple, if a juror has a single doubt, based on reason, as to a person being intoxicated, they must follow the law and find them not guilty.
Do I have the right to an attorney before deciding whether to take a breath or blood test?
Texas law does not give you the right to speak with an attorney prior to making the decision of whether or not to take the field sobriety tests, the breath test or blood test. However, the law does not require you to perform any field sobriety tests or to take a blood or breath test so continue to ask for an attorney and refuse to cooperate and the likely chances of being found NOT GUILTY can increase!
How long will a DWI arrest stay on my record?
If you are convicted of the DWI, it will be on your record for life. Furthermore, a DWI conviction can be used for ten years to enhance your punishment of you are arrested for DWI again. If you are found Not Guilty, you can have the arrest and DWI charge “expunged” from your record.
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Contact our Plano DWI Attorney Today!
If you've been charged with DWI and DUI, don't wait to seek legal help. The sooner you contact our DUI defense lawyer, the better your chances of building a strong defense.
A delay could mean lost evidence and missed opportunities to challenge your DWI case in Texas. Our experienced Plano DWI attorneys understand the consequences of a DWI and will fight to protect your rights.
We have a proven track record of defending clients in DWI cases in Texas, and we are ready to help you work through the legal process.
Phone: (972) 597-2037
Contact Page: Visit our contact page.