McKinney Criminal Defense
McKinney DWI Lawyer
A DWI arrest in Texas is not one case, it is two. The criminal case decides whether you are convicted. The ALR case decides whether you keep your driver license. Both start the day of the arrest, and both must be defended from the beginning.
Collin County
DWI defense in McKinney
McKinney is the county seat of Collin County, which means every felony and county-level misdemeanor in the county is heard here. If you were arrested in McKinney, your case will be handled a few minutes from where it started, in front of judges and prosecutors who see Collin County cases every day.
Where cases are heard
- Collin County Courthouse (2100 Bloomdale Road, McKinney) - felony and Class A and B misdemeanor cases
- McKinney Municipal Court (1400 N. McDonald St) - Class C misdemeanors
Bond and booking
People arrested in McKinney are usually booked into the city jail first and then transferred to the Collin County Detention Facility in McKinney, where bond is set at magistration.
Local practice notes
- Arrests in McKinney are filed with the Collin County District Attorney's Office, which is known for a firm charging philosophy. Early defense contact matters.
- Felony cases in Collin County move to the grand jury quickly, so there is a short window to present mitigating evidence before indictment.
- First-time offender and pretrial diversion programs exist in Collin County, but eligibility is narrower than in some neighboring counties.
- Your court dates will be at the courthouse in McKinney. Plan for early settings and full security screening.
01
What the charge really means
In Texas, driving while intoxicated (DWI) means operating a motor vehicle in a public place while not having the normal use of your mental or physical faculties, or with a blood or breath alcohol concentration of 0.08 or higher.
DUI is a separate offense that applies to drivers under 21. It requires only that any detectable amount of alcohol was in the minor's system.
Prosecutors do not need a breath or blood test to convict. Officer observations, field sobriety tests, and video can be enough. That is why the details of the stop matter so much.
02
Texas DWI penalties
First DWI (Class B misdemeanor)
Up to 180 days in jail, up to $2,000 fine, license suspension up to 1 year
Class A if BAC was 0.15 or higher at the time of testing.
Second DWI (Class A misdemeanor)
30 days to 1 year in jail, up to $4,000 fine, license suspension up to 2 years
Ignition interlock required as a condition of bond. A conviction also carries a separate state traffic fine.
Third or subsequent DWI (Third-degree felony)
2 to 10 years in prison, up to $10,000 fine
Any prior DWI counts, no matter how long ago.
DWI with child passenger (State jail felony)
180 days to 2 years in state jail, up to $10,000 fine
Applies when a passenger was under 15.
Intoxication assault / manslaughter
Third-degree to second-degree felony depending on outcome
Serious bodily injury or death caused by intoxication.
03
How these cases are defended
- Illegal stop. Officers need reasonable suspicion. A stop without it can throw out every piece of evidence that followed.
- Field sobriety test problems. The standardized tests have strict administration rules. Weather, footwear, surface, and medical conditions all matter.
- Breath test issues. The Intoxilyzer 9000 has known reliability concerns. Calibration and observation periods can fail.
- Blood draw challenges. Warrants must be specific. Chain of custody must be documented. Storage errors can invalidate results.
- Rising blood alcohol. Alcohol continues to absorb after the stop. Your BAC at the time of driving may have been below the limit.
- Medical conditions. Diabetes, GERD, and neurological conditions can mimic intoxication signs.
04
What to expect, step by step
- 01
Arrest and 15-day clock. You have 15 days from the arrest to request an ALR hearing to save your license. Miss the deadline and the suspension is automatic.
- 02
ALR hearing. This is a civil hearing in front of an administrative judge. It is also the first look at the State's evidence, which is valuable for the criminal case.
- 03
Filing of charges. The prosecutor files the case in county court (misdemeanor) or district court (felony). Not every arrest becomes a filed case.
- 04
Discovery and evaluation. We review the video, the reports, the test results, and the officer's history. Weaknesses become defense strategy.
- 05
Pretrial motions. Motions to suppress can eliminate evidence. Successful motions often lead to dismissal or reduction.
- 06
Resolution. Dismissal, reduction to a lesser charge, plea to reduced terms, or jury trial. Every option is on the table until it is not.
05
Questions people ask
Will I go to jail for a first DWI in Texas?+
Most first DWI cases with no aggravating factors do not result in jail beyond the initial arrest. Probation is common. That said, a conviction stays on your record and future arrests carry mandatory time. The goal is to keep the conviction off the record if possible.
Should I refuse the breath or blood test?+
Refusing triggers an automatic license suspension of 180 days on a first offense. Officers can also get a warrant for a blood draw, and most do. Refusal is a personal decision made in seconds. If you refused, we still have strong defenses available.
Can a Texas DWI be expunged?+
A DWI conviction cannot be expunged. If the case was dismissed or you were acquitted, expunction may be available. Since September 2019, deferred adjudication is available for many first-time DWI cases, though generally not if your blood alcohol was 0.15 or higher or you held a commercial driver license. Deferred requires an ignition interlock and can count as a prior if you are arrested again. Nondisclosure may be available for certain first offenses after the supervision term.
How much does a DWI lawyer cost in Texas?+
Fees vary based on complexity: whether there is a blood test, whether it is a repeat offense, and whether the case goes to trial. Kelly quotes a flat fee for each phase so you know what you are paying for before you commit.
How long does a DWI stay on my record in Texas?+
A DWI conviction is permanent unless the record is sealed by nondisclosure or expunction. Higher insurance rates and license consequences typically last several years, but the criminal record follows you for life if not addressed.
What is an ALR hearing?+
The Administrative License Revocation hearing is a civil proceeding to determine whether the State can suspend your driver license. You have 15 days from arrest to request it. We use the hearing both to fight the suspension and to cross-examine the officer under oath before the criminal trial.
Free confidential consultation