Were you pulled over and charged with a DWI in McKinney, TX? Even a first offense can lead to serious consequences. The best way to defend yourself is to work with an experienced criminal defense attorney right away. Call Texas Defense Firm at (972) 369-0577 for help today.
We’ll review the details of your arrest, explain your legal options, and build a defense strategy tailored to your situation. Contact our dedicated team today to schedule a confidential consultation with a McKinney DWI lawyer.
Why Hire Texas Defense Firm If You’re Arrested For a DWI in McKinney, TX?
If you’re facing a DWI charge in McKinney, Texas, working with a criminal defense lawyer is critical.
Here’s why Texas Defense Firm is the right choice for you:
- Our law firm has more than 200 years of combined experience, which we’ll use to aggressively challenge any charges you’re facing.
- Our team has been honored as the best criminal defense lawyers in McKinney, known for tireless preparation and powerful results in high-stakes cases.
- We know that accusations don’t always wait for business hours. That’s why we answer calls 24 hours a day, 7 days a week.
Don’t leave your life or your future to chance if you’re facing criminal charges for DWI. Contact us today to speak with a skilled McKinney criminal defense attorney.
Overview of DWI in Texas
DWI laws in Texas set strict guidelines for what counts as “intoxication” and when you can be arrested and charged.
Per Se Intoxication
Texas follows what’s called a “per se” standard. If your blood alcohol concentration (BAC) is 0.08% or higher, you are legally considered intoxicated, no matter how sober you might feel or act. The simple presence of this BAC level is enough for a DWI charge and conviction, even without any outward signs of impairment.
Loss of Normal Faculties
Texas can also charge someone with DWI if they’ve “lost the normal use of mental or physical faculties” because of alcohol, illegal drugs, prescription medicine, or any combination. Police often prove this with field sobriety tests, witnesses reporting erratic driving, or officer observations of slurred speech and balance issues. This means even if your BAC is under the legal limit of .08, you can be convicted of drunk driving.
Zero Tolerance for Drivers Under 21
Texas has a Zero Tolerance Law for anyone under 21. This means that if a minor is pulled over and it’s determined that they were driving with any amount of alcohol or drugs in their system, they can be arrested and convicted. It doesn’t matter if they are actually impaired or not.
Driving under the influence of alcohol or drugs is a serious offense in Texas. If you’re facing charges, make sure you get legal help as soon as possible.
What Are the Penalties for DWI in McKinney, Texas?
DWI penalties in Texas are strict and vary depending on your age, how many offenses you’ve had, and whether a child was in the car. Here’s an overview of what you can expect:
DWI Penalties for Adults (21 and Over)
DWI penalties for adults 21 and older become more severe. You can expect to face the following:
A first DWI carries heavy punishment, including:
- Up to $2,000 fine
- Jail time from 3 to 180 days
- License suspension for up to 2 years
- Annual surcharge of up to $2,000 for three years
- DWI education program
- Possible ignition interlock device
For a second offense, the penalties increase:
- Fine of up to $4,000
- One month to one year in jail
- License suspension for up to 2 years
- Annual surcharge
- DWI education program
- Possible ignition lock device
For a third offense, the penalties are even more severe:
- Fine of up to $10,000
- Prison term of two to 10 years
- License suspension up to two years
- DWI education program
- Ignition interlock device
Driving drunk with a child under 15 is considered an aggravating circumstance and carries harsh penalties. You could face up to a $10,000 fine, up to 2 years in jail, and an automatic 180-day license suspension.
DWI Laws for Minors (Under 21)
First offenders under 21 face serious consequences, even if it’s their first offense. Penalties include:
- License suspension for one year
- Fine of $500
- An alcohol education program with an extra license suspension if not completed
- Requirement to install an ignition interlock device (IID) in some cases
- Court fees
Subsequent offenses typically bring harsher penalties.
Collateral Consequences of a DWI Conviction in Texas
A DWI conviction in Texas impacts more than just your DMV and criminal record. There are many other collateral consequences – extra penalties – that can affect your future in ways people don’t always expect.
In addition to jail time and fines, you might also face:
- Employment issues: Having a DWI on your record can bring about a lot of employment challenges. It will become much harder to find a job, especially for positions that involve driving. Some employers may even fire current workers after a conviction, particularly in fields like education, healthcare, or transportation.
- Housing problems: Landlords almost always run background checks for potential tenants. A DWI conviction may lead some landlords to deny your application, seeing you as a higher risk tenant. Impact on
- Educational opportunities: Colleges and universities may consider a DWI conviction during the admissions process. Scholarships and financial aid options can also be affected, as eligibility rules for students with criminal records tend to be strict.
- Higher insurance rates: Auto insurance companies view people convicted of DWI as risky. There’s no question that after a conviction for driving under the influence, your premiums will be significantly higher or even canceled altogether. A DWI conviction can affect so many different aspects of your life.
Penalties for DWI are costly in many ways, can affect your ability to drive and work, and come with serious long-term effects. Working with a lawyer if you’re facing these charges is critical.
What Defenses Can Be Raised if I’m Arrested for DWI in Texas?
Facing a DUI charge can be unsettling, but you may have options. There are several legal defenses your defense lawyer can use to challenge the charges against you. Here are some of the most common methods for defending against a DUI:
Improper Stop by the Police
Police must have a legitimate reason to pull you over. If they did not see a traffic violation or have another legal reason, this can be challenged in court. An unlawful stop might cause the judge to throw out the evidence gathered as a result of a motion to suppress. That means the rest of the case could fall apart.
Faulty Breathalyzer Test
Breathalyzer devices are sensitive and require proper calibration and maintenance. If the machine was not working correctly or the officer did not use it properly, the results could be inaccurate. Defense lawyers often request maintenance records and can challenge improper testing in court.
Medical Conditions or Dietary Factors
Some medical issues or diets (like diabetes or a low-carb regimen) can create substances in your breath that mimic alcohol. A breathalyzer could misread those substances, producing a result that looks like you’re under the influence even when you aren’t.
Expert testimony and medical records can help to show that this is possible in your situation.
Not Driving at the Time
You can only be convicted of DUI if you were actually driving or in control of the vehicle. If you were parked and not driving when approached by police, this can be a strong defense. Evidence like a cold engine, where the keys are (in or out of the ignition), or eyewitness statements may help show that you weren’t driving.
Speaking with a lawyer who understands these strategies is essential.
Reach Out for a Confidential Case Evaluation With a McKinney DWI Lawyer
A DWI accusation doesn’t have to define your reputation or your future in McKinney, Texas. By getting the right legal team in your corner, you’ll be better prepared for what’s ahead and far more likely to protect your record and future.
At Texas Defense Firm, we have two centuries of combined legal experience and will put that to use to defend you at every stage of the process. Contact our office today to schedule a consultation with a McKinney DWI attorney.