Collin County DWI Defense Attorneys
How Common are DWIs in Texas?
From a young age, most people are taught “don’t drink and drive.” Despite this, many people go on to have at least one experience with drinking and driving. 43% of all Americans and 56% of American men have driven under the influence of alcohol at some point in their lives. While many of these individuals manage to make it home safely, many do not. Texas is currently third in the United States for drunk driving fatalities, with 42% of all traffic fatalities linked to alcohol abuse. Due to the number of deaths on Texas roads, Texas police have begun to crack down on DWIs. This has led to an increase in the number of arrests for DWI in the state, with 2023 seeing nearly 100,000 arrests.
Many people arrested for DWI end up convicted and subjected to severe criminal penalties. Even if you manage to avoid the most serious punishments for DWI, simply having been arrested can have a potentially negative impact on your ability to find and maintain employment and could have deleterious social effects. That’s why if you or a loved one has been arrested for DWI in Dallas or Denton County, you must contact one of our compassionate yet aggressive defense attorneys.
At the Collin County-based Law Offices of Biederman & Burleson P.L.L.C., we know what you are up against, and we understand what’s at stake. Our experienced DWI attorneys are equipped to help you protect your rights and your best interests throughout every stage of the process.
How is DWI Defined in Texas?
DWI stands for driving while intoxicated. While you can be arrested for driving under the influence of any substance that impairs your ability to operate a vehicle safely, the majority of DWI arrests involve alcohol. Under Texas law, a person under the influence of alcohol is considered DWI if their blood alcohol content (BAC) is .08 or higher. If the driver is a CDL license holder operating a commercial vehicle, this threshold drops to .04.
If a police officer believes you have been drinking, they may administer a breathalyzer test. Texas is an implied consent state. This means that by operating a motor vehicle, it is assumed you give the police consent to ensure you are operating it safely with a breathalyzer test. Refusal to submit to a breathalyzer test can result in the loss of your license, even if you are acquitted.
In instances where police suspect a substance other than alcohol is involved, officers are allowed to use their discretion in determining whether someone is DWI. Under Texas law, a person can be arrested for DWI if alcohol isn’t involved but the person is “lacking the normal use of mental or physical faculties” as a result of an intoxicating substance. Most police officers tend to “err on the side of caution.” That means even if you haven’t been drinking, but an officer suspects you may have taken another substance (such as prescription medication) that impairs your ability to drive, you can be arrested.
Can I Be “Let Off With a Warning” If I’ve Never Had a DWI Before?
Some people think that, if they have never been arrested for a DWI before, they may get a “pass” if they are pulled over. It is not uncommon for drivers to believe that, because DWIs are so common, police will let them go with an admonishment not to drink and drive again. Nothing could be further from the truth.
About 1/3 of all DUI arrests are for first offenses. Many people who have never driven while impaired before find themselves arrested the very first time they do it. Not having been pulled over or arrested for DWI before is not a defense. Texas police can and will arrest you even if your criminal record is spotless.
Are Some DWI Offenses Worse than Others?
While some cases may involve more serious charges, there is no such thing as a “minor” DWI offense in Texas. Any drunk-driving charge is serious, and the penalties associated with a conviction can be severe. Consider one of the “lightest” offenses: a first-time DWI where no one was hurt and you were pulled over for driving erratically. A conviction under these circumstances could still lead to six months in jail with a mandatory three-day minimum, a $2,000 fine, and a one-year suspended license. Few people can afford to be out of work for six months.
Even if you managed to avoid a lengthy jail sentence, not having a driver’s license for an entire year could be seriously damaging to your ability to hold down a job and meet particular family and social obligations. Additionally, having a DWI on your record could impact future employment and your ability to obtain and maintain specific professional licenses.
Keep in mind these are some of the least severe penalties for DWI. DWI arrests that involve property damage, car crashes, bodily injury, or death will come with harsher sentences.
Considering what is on the line, you should not entrust your case to just any lawyer. You need an attorney who both knows the law and is willing to stand up and fight for you.
What Kind of DWI Cases Do You Represent?
Our team is ready to put our proven approach to work to help you defend against any DWI charge. In our 40-plus years of combined courtroom experience, our attorneys have successfully represented hundreds of DWI cases, securing over 400 acquittals for our clients and reduced sentences for many more.
Our experience across a wide array of DWI cases means that our attorneys know how to craft unique, custom-tailored approaches to any kind of DWI case, including but not necessarily limited to:
First-Time DWI and DUI
Although the State of Texas takes first-and second-time DWI offenses seriously, it does offer specific options to drivers who have never been convicted before. One of these options is deferred adjudication.
Deferred adjudication is a program where you will plead guilty or no contest to DWI, but the judge will defer entering a sentence pending your completion of specific terms and conditions. These usually involve completing a diversion program, having an ignition interlock device (“breathalyzer”) installed in your car, and potentially agreeing to random testing.
Upon the successful completion of a deferred adjudication program, you will be able to avoid any criminal penalties, and your arrest will be subject to non-disclosure. Non-disclosure is a form of limited expungement. This means that, while your criminal record will not be wiped, your DWI will only be available to certain government entities on a background check. Our attorneys have extensive experience in securing deferred adjudication for our clients.
Second, Third, and Repeat DWI Arrests
A second or further arrest for DWI comes with severe consequences. While programs such as deferred adjudication are available to first-time offenders as a kind of “warning,” Texas takes repeat DWI offenses very seriously.
If you are arrested for DWI following one conviction, the potential penalties increase to a year in jail, up to $4,000 in fines, and loss of your license for two years. However, if you are arrested a third or subsequent time, the penalties increase substantially. Someone arrested a third time for DWI is subject to ten years in prison and a $10,000 fine. Depending on other circumstances, such as whether there was any property damage involved or if anyone was hurt, you could face potential additional charges.
DWI Involving Marijuana or Prescription Drugs
Many people believe that DWI is synonymous with “drunk driving.” This is not necessarily true. DWI means “driving while intoxicated. While alcohol is the most common intoxicant involved in DWI arrests, you can be arrested for being under the influence of any substance that impairs your ability to drive.
Following the passage of the 2019 farm bill, an increasingly common arrest in Texas has been DWI involving marijuana. Marijuana can still impair an individual’s ability to operate a motor vehicle safely and has been linked to traffic accidents and fatalities. As marijuana use becomes more frequent across America, police have become more vigilant in identifying and arresting drivers who operate vehicles under the influence. Even if you have not been drinking, but your driving abilities are impaired by marijuana use, you can still be arrested and tried the same as if you were drunk driving.
The same is true for prescription drugs. Many people believe that if they are taking medications prescribed by their doctor, they cannot be arrested for DWI. This is not true. Again, any substance that can impair your ability to drive can lead to a DWI. You are not being arrested for taking medication; you are being arrested for operating a vehicle under the influence. What impaired your ability to drive does not matter.
DWI for Commercial Driver’s License (CDL) Holders
Texas has some of the highest numbers of CDL holders in the United States. Because many commercial vehicles are large trucks, and because these vehicles have a heightened capacity for destruction when involved in an accident, penalties are more severe for CDL holders convicted of DWI. Even a first offense means a suspension of your CDL and the potential loss of income for an entire year. A second DWI conviction can mean the permanent revocation of your CDL.
Even if you qualify to have your CDL reinstated eventually, you must wait ten years and complete a rigorous process before you would be eligible to drive again. Most people cannot afford to lose their professional licenses for a decade. Even if you’ve only been convicted once, many employers are hesitant to employ CDL holders with a criminal record related to driving. That’s why if you’re a CDL holder who’s been arrested for DWI in Texas, it’s vital you contact an experienced DWI attorney.
DWI With a Child Passenger
Most states take crimes involving children more seriously. Texas is no exception. Being arrested for DWI with a child in the vehicle carries harsher penalties than if you were alone or if your passengers were legal adults.
If you are convicted of DWI with a passenger under the age of 15, you face six months to two years in jail, $10,000 worth of fines, and 1,000 hours of community service. Additionally, depending on the circumstances, an arrest may impact your parental rights. For example, if you are divorced and have joint custody, a conviction may affect a custody agreement. If you are a single parent with sole custody, you may even lose custody. Even if you manage to avoid harsh penalties, being a parent with a conviction for having your child in the car during a DWI can have negative repercussions, such as complicated relationships with your child’s school and teachers.
Breathalyzer Tests
Texas police have the right to administer a breathalyzer test if they believe someone is DWI. Refusing to submit to a breathalyzer may result in an automatic suspension of your license. Further, the fact that you refused the test can be introduced as evidence against you in court should your case go to trial. Even if you’re acquitted, your license can remain suspended.
If your license is suspended for refusal to submit to a breathalyzer test, there is a procedure to contest the suspension, but the clock is ticking. You only have fifteen days from the date of suspension to request what is called an Administrative License Revocation Hearing. This hearing is conducted separately from any criminal charges you may face. The process for contesting a license suspension following a breathalyzer refusal can be challenging. Many people are intimidated by challenging their license suspension and fighting criminal charges. That’s why hiring an experienced DWI attorney is vital. One of our team’s attorneys can challenge your suspension while also fighting criminal charges.
Intoxication Manslaughter
Car crashes involving alcohol are common. Unfortunately, many times, these crashes involve a fatality. If you were driving a car while intoxicated and caused a collision that resulted in someone’s death, you can be charged with intoxication manslaughter. This is one of the most serious crimes a person can be accused of involving DWI. For every death resulting from a DWI, you face a potential of 20 years in prison.
In addition, if people were hurt but not killed, you may additionally be charged with intoxication assault. For example, suppose someone were driving while intoxicated and struck a vehicle carrying four people. Three were killed and one was seriously hurt. The driver could face three counts of intoxication manslaughter and one count of intoxication assault. The driver in this scenario would be looking at a potential 60-year prison sentence plus assault charges. Depending on your age, a sentence for intoxication manslaughter could be a life sentence. Don’t take chances. If you’ve been involved in a DWI-related wreck that resulted in a fatality, you must contact one of our experienced attorneys today.
Intoxication Assault or Serious Bodily Injury
If you were driving under the influence and caused a car accident, even if no one was killed, you may still face criminal charges if anyone was hurt. Injuring someone as a result of a DWI crash is called intoxication assault. The standard for intoxication assault is whether the accident caused serious bodily injury. Under Texas law, a serious bodily injury is any injury that either poses a serious risk of death or results in the permanent loss or loss of function of an organ or other body part. Under Texas law, disfigurement is considered a form of serious bodily injury.
Injuries are common in DWI accidents. This means anyone arrested for a car crash involving DWI stands a high probability of facing intoxication assault charges. That’s why if you or a loved one has been arrested for DWI, you must contact one of our experienced defense attorneys right away.
What Should I Do if I’m Pulled Over?
In most situations, a DWI arrest begins with a police officer initiating a traffic stop. Before initiating such a stop, the officer must adhere to strict guidelines and protocols to ensure that your rights are not compromised. For example, the officer must have probable cause to pull you over, which means that they witnessed you breaking a traffic law or have a valid reason to believe that something illegal is taking place. If the officer makes a mistake, including initiating a traffic stop without probable cause, our team is prepared to use that mistake in building your defense.
If you’re pulled over, it’s vital you remain calm and cooperative but do not provide too much information to the police. Please give them your driver’s license and registration and be courteous. However, remember that if a police officer has pulled you over, you stand a chance of being arrested.
If you’re arrested, anything you say during the traffic stop can be used against you in court. A wrong word or awkward turn of phrase can be used to make you appear intoxicated. Police will be looking for anything they can use as evidence of a DWI to make an arrest and bring you in. Remain calm, and, if you are arrested, request an attorney. Do not answer further questions until you have spoken to one of our firm’s experienced defense attorneys. One of our lawyers can help you through the process of what to do following a DWI arrest.
What Should I Do if I’m Arrested for DWI in Texas?
Texas takes DWI very seriously. With increased arrests in recent years and an aggressive push for conviction by city and state prosecutors, people stand a higher chance of conviction than in the past. That’s why if you or a loved one has been arrested for DWI, it’s vital you immediately contact the Law Offices of Biederman & Burleson, P.L.L.C.
Our attorneys, Hunter Biederman and Troy Burleson, have a combined over 40 years of courtroom experience, with a special focus on DWI cases. In their time as attorneys, they’ve secured over 400 acquittals for their clients and reduced charges and sentences for countless more.
At Biederman & Burlseson, P.L.L.C., we understand that people make mistakes and that anyone can find themselves in challenging circumstances- or even in handcuffs. Our compassionate yet aggressive approach to DWI defense means we’ll be focused on helping you get through a challenging period in your life while simultaneously taking the fight to the prosecution. Our attorneys believe the best defense is an aggressive approach, whittling down elements of the prosecution’s case until they don’t have a case left. In many instances, we’re able to get charges dropped before a trial even begins. In the event your case does go to trial, our reputation for DWI defense is unparalleled in North Texas. In fact, they have experience handling DWI cases, and other Texas attorneys regularly consult our partners for their perspective.
What Can Your DWI Defense Attorneys Do For Me?
Regardless of the circumstances of your case, our lawyers will conduct a full investigation into your arrest and the events that led to it. We will review and challenge the results of field sobriety tests, blood tests, and breath tests when appropriate. If there is information available that will help your case, our skilled attorneys will find it, and we will be at your side every step of the way.
For more information about our firm and our approach to DWI cases, contact our office today to schedule a free consultation and case review with a member of our team. From our offices in Frisco, we provide legal representation to clients in McKinney, Plano, Allen, Fairview, Prosper, Denton, Lewisville, Little Elm, The Colony, Denton County, Dallas County, Collin County, and the surrounding areas.
An arrest for a DWI can be frightening. Depending on the circumstances, you could be facing assault charges or worse. You could spend decades or even the rest of your life in prison. Even if you get out or manage to avoid jail time, you’ll be left with a criminal record that will follow you for the rest of your life and which could have a far-reaching impact on your ability to find or hold a job, develop new relationships, and may even affect your parental rights. Don’t let a single mistake or misunderstanding derail your entire life. If you or a loved one are facing DWI charges in North Texas, don’t hesitate to call Biederman & Burleson, P.L.L.C. today at (469) 517-3364 for your free consultation.
