Collin County DWI Lawyer

DWI Charges in Collin County: What You’re Facing

Chapter 49 of the Texas Penal Code governs intoxication and alcoholic beverage offenses. Texas defines intoxication as not having the normal use of your mental or physical faculties due to alcohol, a controlled substance, a drug, a dangerous drug, or a combination of those substances or having a blood alcohol concentration (BAC) of 0.08% or higher. Underage drivers face a zero-tolerance standard: Texas law makes it a criminal offense for any minor to operate a vehicle with any detectable amount of alcohol in their system.

A DWI arrest triggers two separate proceedings: the criminal case and an administrative case before the Texas Department of Public Safety (DPS) over your license. Regardless of where in the county the arrest occurred, all Collin County DWI cases are prosecuted through the District Attorney’s Office and heard in McKinney. A DWI conviction stays on your Texas record permanently and counts as a prior offense for any future charge. Drivers have 15 days from the date of arrest to request an ALR hearing to contest the license suspension. Missing that deadline means automatic suspension.

We defend the full range of charges under Chapter 49, including:

• Public intoxication
• Open container in a motor vehicle
• Driving while intoxicated
• Driving while intoxicated with a child passenger
• Intoxication assault
• Intoxication manslaughter

DWI Penalties in Texas by Offense Level

Penalties depend on the specific facts of your case. The factors that most directly affect the charge level and sentencing range are listed below, followed by the penalty ranges for each offense tier.

Factors that affect penalty level:

• Whether it is a first or subsequent offense
• Your BAC level at the time of arrest
• Whether a minor passenger or open container was present
• Whether an accident caused property damage, injury, or death

First Offense, Standard DWI (Class B Misdemeanor):

• Fines up to $2,000
• 72 hours to 180 days in jail
• License suspension of 90 days to one year
• DWI education program
• Community service
• Probation up to 24 months

First offenders may qualify for an occupational license during suspension, allowing driving to work, school, and medical appointments. This requires an ignition interlock device installed in the vehicle and SR-22 insurance.

First Offense with BAC of 0.15% or Higher, or Second Offense (Class A Misdemeanor):

• 30 days to one year in jail
• Fines up to $4,000
• License suspension up to two years
• Mandatory ignition interlock device
• Longer DWI education and community supervision

Third or Subsequent Offense (Third-Degree Felony):

• 2 to 10 years in prison
• Fines up to $10,000
• License suspension up to two years
• Mandatory ignition interlock device

Aggravated DWI Charges & Felony Classifications

Certain circumstances elevate a DWI charge well beyond the standard penalties. These cases are aggressively prosecuted and often involve complex forensic evidence that requires a defense built specifically around that evidence.

Aggravated DWI scenarios include:

• BAC of 0.15% or higher – Elevates a first offense to a Class A misdemeanor with steeper fines and a mandatory ignition interlock.
• DWI with a child passenger under 15 – Charged as a state jail felony even for first-time offenders, carrying fines up to $10,000 and 6 months to 2 years in state jail.
• Intoxication assault – Serious bodily injury caused while driving while intoxicated is a third-degree felony: 2 to 10 years in prison and fines up to $10,000.
• Intoxication manslaughter – Death caused while driving while intoxicated is a second-degree felony: 2 to 20 years in prison and fines up to $10,000.
• Open container at the time of arrest – Raises the mandatory minimum jail time from 72 hours to six days under Texas law.

Misdemeanor DWI cases are heard in the Collin County Courts at Law; felony DWI cases go to the district courts. Both are at the Collin County Courthouse in McKinney.

Why Collin County Defendants Choose McDaniel Law

Most DWI defense firms in North Texas serve Collin County from the outside. We’re based here. McDaniel Law was built inside this legal community, and that distinction shapes how we work on your case from the first call.

Direct Roots Inside the Collin County Legal System

Danny McDaniel served as past president of the Collin County Criminal Defense Lawyers Association and has developed professional relationships with the local judges, prosecutors, and court staff who will handle your case. We don’t have to learn this system before we start working. We already know it.

Two Paths to Protecting Your Record

Because Collin County prosecutors don’t offer plea reductions on DWI charges, the two paths that can affect outcomes are trial readiness and eligibility for a court-supervised diversion program. We pursue both. The Collin County DWI/Drug Court Program, administered through Collin County Court at Law No. 7 (CCL7), is a voluntary treatment program of at least 12 months for eligible non-violent offenders. Successful completion may result in early probation termination and reduced penalties. We evaluate every client’s eligibility for this program alongside building their courtroom defense because, in this jurisdiction, knowing both paths is what protecting a client’s record can require.

A Holistic Approach Beyond the Courtroom

A DWI arrest often intersects with personal and mental health factors that affect a client’s situation. As a family-owned firm, we address those factors directly, helping clients identify mental health and substance abuse resources and working with the criminal justice system to pursue alternatives to punishment when appropriate.

Speak with a Collin County DWI defense attorney today to understand your options. Call (469) 960-4067 or message us online to schedule your free consultation.