DWI / DUI Defense

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. 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.

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, driver’s license suspension for 90 days to 1 year, and an annual surcharge of $1,000 to $2,000 for three years to keep your license.

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.

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, You Have 15 Days

This is urgent. When you are arrested for DWI in Texas, the Department of Public Safety will automatically suspend your driver’s license unless you request an Administrative License Revocation (ALR) hearing within 15 days of your arrest. Most people do not know this. If that window passes, your license is suspended automatically, even if you are never convicted of DWI.

The ALR hearing is a separate civil proceeding from the criminal case, and it gives your attorney a critical opportunity to challenge the traffic stop, the officer’s observations, and the validity of any chemical test before the criminal case even goes to court. Kent Starr represents drivers in ALR hearings. Call today, the 15-day clock is already running.

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. Whether you were arrested on the George Bush Tollway, in Allen, in Frisco, in McKinney, or anywhere across the DFW Metroplex, Starr Law P.C. serves your jurisdiction.

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 15-day ALR window closes. 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?

Not automatically, but only if you act within 15 days. You must request an ALR hearing within 15 days of your arrest to contest the suspension. If you miss that window, your license will be suspended regardless of the outcome of your criminal case. Kent Starr handles both the ALR hearing and the criminal defense simultaneously.

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.

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, Richardson, Garland, and every other city and municipality in Collin County, as well as across Dallas, Tarrant, Denton, Rockwall, Kaufman, Ellis, Johnson, and Parker Counties.

Schedule Your Free DWI Consultation Today

If you or someone you love is facing a DWI charge in McKinney, Plano, or anywhere in the DFW area, time matters. Call (214) 982-1408 today to speak with Kent Starr directly. Free initial consultation. Payment plans available. Se habla español. Nós falamos português.