DWI Defense Lawyer in McKinney & Collin County

A DWI arrest is one of the most frightening things that can happen to you. One moment you are driving home, and the next you are in handcuffs on the side of the road. Your mind is racing. You are wondering what this means for your job, your family, your driver’s license, and your future. Take a breath, and then call a DWI defense attorney before you say another word to law enforcement.

Under Texas Penal Code §49.04, a person commits Driving While Intoxicated when they operate a motor vehicle in a public place while intoxicated. Texas defines intoxication in two ways: having a blood-alcohol concentration (BAC) of 0.08 or higher, or not having the normal use of mental or physical faculties due to alcohol, a drug, or any combination of the two. That second definition matters because officers can arrest you for DWI even if your BAC is below 0.08, if they believe your faculties are impaired.

The BAC limits in Texas depend on who is driving. For most drivers, the legal limit is 0.08. Commercial vehicle drivers face a lower threshold of 0.04, and a conviction can disqualify a commercial driver license. Any driver under 21 years of age can be charged under the Zero Tolerance law with any detectable amount of alcohol, there is no safe BAC for a minor behind the wheel in Texas.

In Collin County

A first DWI is ordinarily a Class B misdemeanor under Texas Penal Code section 49.04, and a second DWI is a Class A misdemeanor under section 49.09(a). A third DWI (section 49.09(b)), a DWI with a child passenger under 15 (section 49.045), intoxication assault (section 49.07), or intoxication manslaughter (section 49.08) is a felony. A felony DWI is generally handled in a Collin County district court after formal charging. The route and court assignment depend on the case.

Booking is at a city jail or the Collin County Detention Facility, 4300 Community Ave. in McKinney. Under Code of Criminal Procedure article 15.17 a magistrate has to see you without unnecessary delay, and no later than 48 hours after the arrest, to read your rights and set bond. On a second or later DWI, on a DWI with a child passenger under §49.045, or on an intoxication assault or intoxication manslaughter charge, Code of Criminal Procedure article 17.441 requires an ignition interlock as a bond condition unless the magistrate finds that requiring one would not be in the best interest of justice.

Kent Starr has practiced criminal defense in Collin County since 1997. His office is in McKinney.

Penalties for DWI in Texas

Texas prosecutors take DWI seriously, and the penalties escalate quickly with prior offenses and aggravating circumstances.

First DWI offense (Class B Misdemeanor): Up to 180 days in county jail, a fine up to $2,000, and driver’s license suspension for 90 days to 1 year.

First DWI with BAC of 0.15 or higher (Class A Misdemeanor): Up to 1 year in jail and a fine up to $4,000. This elevated charge kicks in the moment a breath or blood test shows your BAC at 0.15.

Second DWI offense (Class A Misdemeanor): Up to 1 year in jail, fine up to $4,000, license suspension of 180 days to 2 years, and mandatory installation of an ignition interlock device (IID).

Third DWI offense (Third-Degree Felony): 2 to 10 years in the Texas Department of Criminal Justice, fine up to $10,000, and license suspension of 180 days to 2 years. A third DWI is a felony, it follows you for life.

DWI with a child passenger under Texas Penal Code §49.045 is a state jail felony regardless of your BAC or prior record, carrying 180 days to 2 years in a state jail facility and a fine up to $10,000.

A DWI conviction also triggers a one-time state fine under Texas Transportation Code §709.001, separate from the criminal fine: $3,000 for a first conviction within 36 months, $4,500 for a second or subsequent conviction within that period, and $6,000 for any conviction where your BAC was 0.15 or higher. This fine replaced the annual surcharges of the old Driver Responsibility Program, which Texas repealed in 2019. A judge who finds you indigent is required to waive it.

Beyond jail and fines, a DWI conviction carries consequences that may hurt you more than the sentence itself: potential job loss, professional license suspension, increased auto insurance rates, and a permanent criminal record that shows up on every background check.

The ALR Hearing: Check Your Suspension Notice

The ALR deadline depends on the suspension notice, not simply the arrest date. DPS must receive your hearing request within 15 days after an officer serves the notice. If DPS mails the notice, the deadline is 20 days from mailing. Texas law treats that mailed notice as received five days after mailing. Check the notice and mailing date with a lawyer promptly. Do not wait for your criminal court date.

A timely request pauses this ALR suspension until the administrative judge's final decision. It does not dismiss the criminal charge or remove other license restrictions.

If you consented to a blood test and are waiting for the result, DPS says not to request a blood-failure hearing before receiving its suspension notice. You do not need to wait for that notice to consult a lawyer.

The Texas DPS ALR guide explains the notice and hearing process. Kent Starr represents drivers in ALR hearings alongside their criminal defense.

Defense Strategies in Texas DWI Cases

A DWI charge is not a conviction. Texas law provides many avenues for a skilled defense attorney to challenge the government’s case.

Was the traffic stop legal? Police must have reasonable suspicion to pull you over. If the stop was pretextual or based on vague observations that would not hold up in court, any evidence gathered after that stop, including breath and blood test results, may be suppressed.

Were the field sobriety tests properly administered? The National Highway Traffic Safety Administration (NHTSA) requires officers to follow precise protocols for the Horizontal Gaze Nystagmus (HGN), walk-and-turn, and one-leg-stand tests. A single deviation from the protocol can undermine the test’s reliability. Factors like uneven pavement, poor lighting, medical conditions, or even a nervous disposition can affect performance, and Kent will scrutinize every detail of the officer’s training and execution.

Was the breathalyzer calibrated and maintained correctly? Texas uses the Intoxilyzer 9000 for most roadside breath testing. This machine requires regular calibration, proper maintenance records, and certified operators. If any of these requirements were not met, the breath test result may be inadmissible.

Blood draw chain of custody. If your case involves a blood draw, whether voluntary or obtained under a search warrant, the sample must be collected, transported, stored, and analyzed according to strict protocols. A break in the chain of custody can raise serious questions about the sample’s integrity.

Rising BAC defense. Alcohol is still being absorbed into the bloodstream in the minutes and hours after you stop drinking. It is possible for a driver’s BAC to be below 0.08 at the time of driving but above 0.08 at the time of testing. An expert toxicologist can often establish that your BAC was rising, not falling, at the time you were actually behind the wheel.

Occupational driver’s license. Even if your license is suspended, you may qualify for an Occupational Driver’s License (ODL) that allows you to drive to work, school, medical appointments, or for essential household duties. Kent Starr handles ODL petitions alongside DWI defense and can often get one filed quickly so you can keep driving while your case is pending.

If you hire Starr Law, P.C., you are hiring Kent. Not a paralegal who takes your calls and passes messages. Not a junior associate who appears in court while a partner runs the strategy. Kent personally handles every case from the first consultation through the final resolution.

Consultation is free. He offers in-person meetings at the McKinney office, phone consultations, video calls, and text communication, whatever works for you when you are dealing with a stressful situation. Payment plans and credit cards are accepted.

Courts We Serve for DWI Cases

Kent Starr handles DWI cases in courthouses throughout North Texas. He regularly appears in Collin County courts, including the Collin County Courthouse in McKinney and the Plano Municipal Court, as well as in Dallas County, Tarrant County, Denton County, Rockwall County, Kaufman County, Ellis County, Johnson County, and Parker County. If your arrest happened on the George Bush Tollway, in Allen, in Frisco, in McKinney, or anywhere across Collin County, Starr Law, P.C. can take your case in that jurisdiction.

How We Serve Collin County for DWI Cases

McKinney DWI Defense

Kent represents DWI clients from McKinney, and their county-level cases are heard in the Collin County courts in McKinney, the county seat, where his office is located.

Plano DWI Defense

Kent represents DWI clients from Plano (see the Plano criminal defense attorney page); their county-level cases are heard in the Collin County courts in McKinney, and cases arising in the small Denton County portion of far west Plano can be filed in Denton County.

Frisco DWI Defense

Frisco DWI cases have their own detailed page, Frisco DWI defense, because the city splits across the Collin-Denton county line: Collin-side cases are heard in the McKinney courts, and Denton-side cases file in Denton County.

Allen DWI Defense

Kent represents DWI clients from Allen, and their county-level cases are heard in the Collin County courts in McKinney.

Prosper DWI Defense

Kent represents DWI clients from Prosper; their county-level cases are heard in the Collin County courts in McKinney, and cases arising in the Denton County portion of Prosper can be filed in Denton County.

Wylie DWI Defense

Kent represents DWI clients from Wylie, and their Collin County cases are heard in the Collin County courts in McKinney.

Princeton DWI Defense

Kent represents DWI clients from Princeton, and their cases are heard in the Collin County courts in McKinney.

Kent also defends DWI charges out of Celina, Anna, Melissa, Murphy, Sachse, and the rest of Collin County. Most county-level DWI cases from Collin County are handled in the county courts at law or district courts in McKinney. The charge and filing determine the court.

Frequently Asked Questions About DWI in Texas

I just got arrested for DWI. What should I do right now?

Do not speak with police beyond providing your name and identification. Do not post anything on social media. Call an attorney before your first court date, and before the hearing-request deadline in your suspension notice. Everything you say can and will be used against you. Call Starr Law, P.C. at (214) 982-1408 for a free consultation.

Will I lose my driver’s license after a DWI arrest?

The ALR deadline depends on the suspension notice, not simply the arrest date. DPS must receive your hearing request within 15 days after an officer serves the notice. If DPS mails the notice, the deadline is 20 days from mailing. Texas law treats that mailed notice as received five days after mailing. Check the notice and mailing date with a lawyer promptly. Do not wait for your criminal court date. A timely request pauses this ALR suspension until the administrative judge's final decision. It does not dismiss the criminal charge or remove other license restrictions.

Can I refuse a breathalyzer or blood test?

You have the right to refuse, but Texas’s implied consent law means that refusal results in an automatic 180-day license suspension for a first offense (or 2 years for a second). The refusal itself can also be used as evidence against you at trial. Whether to submit to testing is a decision best made with an attorney’s guidance, in the moment, that is often not possible. Kent can explain the strategy in a free consultation.

Is a DWI a felony in Texas?

A first or second DWI is typically a misdemeanor. A third DWI is a third-degree felony. DWI with a child passenger (under 15 years old) in the vehicle is a state jail felony on the first offense. DWI causing serious bodily injury is intoxication assault, a third-degree felony. DWI causing death is intoxication manslaughter, a second-degree felony. For the full breakdown of when a Texas DWI crosses from misdemeanor to felony, see is a DWI a felony in Texas.

How long does a DWI case take in Texas?

Simple first-offense DWI cases may resolve in a few months. Cases involving chemical tests, suppression hearings, expert witnesses, or trial can take six months to well over a year. A DWI charge is not something to rush. Thorough preparation, including ALR hearings, discovery review, and motion practice, is the work that gives the defense a strong record at every stage.

Do you handle DWI cases in Frisco, Allen, McKinney, and other Collin County cities?

Yes. Collin County is Kent Starr’s home jurisdiction. He handles DWI cases in McKinney, Plano, Frisco, Allen, Wylie, Prosper, and every other city in Collin County, as well as in the Denton County courts for Frisco and Plano cases that fall on that side of the line, and in Dallas County for the parts of Richardson and Sachse that sit there.

Schedule Your Free DWI Consultation Today

If you or someone you love is facing a DWI charge in McKinney, Plano, or anywhere in Collin County, time matters. Call (214) 982-1408 today to request a consultation. Carla answers the phone in office hours, and Kent does the consultation himself. Free initial consultation. Payment plans available. Se habla español. Nós falamos português. Lea sobre la defensa de DWI en español.

Most county-level DWI cases from Collin County are handled in the county courts at law or district courts in McKinney. The firm's county guide covers how criminal cases move from arrest and bond through the Collin County courts.