Plano DWI Lawyer
If you were arrested for DWI in Collin County, including McKinney, Frisco, Plano or Allen, Texas, then contact an attorney at Law Offices of Richard C. McConathy. Call (972) 805-8855 to speak with an experienced, aggressive and passionate attorney ready to fight to protect your rights after a DWI arrest.We created this website to help you understand the charges against you and why you should fight those charges. We provide our clients with an aggressive defense based on years of experience fighting DWI cases.
Contact us today at (972) 805-8855 for a free consultation to discuss the facts of your case. Even if you do not hire us, you will leave the consultation with a better idea of what you need to do to fight the charges against you.
Your case has two parts. First, you must fight to protect your driving privileges from the automatic administrative or civil proceeding triggered by the DUI arrest. Second, you must fight the criminal charges.
We represent clients throughout Collin County, including Plano, Frisco, McKinney, Allen, Wylie, Murphy, Farmersville, Garland and Prosper. We also represent clients in Rockwall County and Grayson County.
The Administrative Suspension
If you have been arrested for DWI, you must request a hearing within 15 days of your arrest to prevent the immediate suspension of your driver's license.
Under the state Administrative License Revocation (“ALR”) program, if the person refuses to submit to chemical testing of the breath, blood or urine, or if the specimen provided has an alcohol concentration in excess of the legal limit, the Texas Department of Public Safety will automatically suspend the person's driver license.
The driver has 15 days after the notice of suspension (usually counted as the day of the arrest) to demand a formal review hearing to contest the suspension. At the hearing, the driver (or his attorney) can subpoena witnesses, question those witnesses, and provide additional evidence and argument. If the suspension is upheld, the driver can appeal that ruling.In many ways, the administrative suspension hearing is the most important part of the case. The hearings can be won. Additionally, evidence and testimony from the hearing give the criminal defense attorney an incredible advantage in the in the criminal case
The Criminal Charge
The second case pending against you is the criminal case that will be heard at the courthouse in McKinney, Collin County, TX.
It takes approximately 45 days for the Collin County District Attorney’s Office to formally file DWI charges against you. The clerk of court will send you a letter notifying you of your next court date that is usually 2 to 3 weeks after you receive the letter.
At your first appearance, the court will ask you whether you wish to represent yourself, have an attorney appointed by the court, or hire a private attorney. If you intend to hire a private attorney, do so as early in your case as possible. In many cases, the private attorney can waive your appearance at the preliminary court dates so that you can go to work and avoid the stress and aggravation of appearing in court.
DWI Trial in Collin County, TX
In Collin County, there are six County Court Judges that handle misdemeanor cases like DWI. Each judge has his or her own rules and procedures.
The District Attorney’s Office has a misdemeanor division with six “trial teams.” The prosecutors in these divisions work day in and day out with the judge in that courtroom. It is equally important for you to have an attorney who is familiar with the procedures of that particular judge and courtroom.
We believe in preparing every case for trial. It is through that preparation that we gain some leverage over the prosecutor to resolve the case in a more favorable manner for our client. In the first few months that we have your case, we will conduct the administrative hearing, obtain all of the police reports, chemical test results, videotape, and other evidence. We will meet with you to review all of this material and discuss the viability of filing motions to dismiss or motions to suppress.
We will talk with you about plea negotiations for a lesser charge, whether to file a motion to suppress or dismiss, and your goals to resolve the case short of trial. In the event no plea negotiations are satisfactory, we will take your case to trial to fight for a “not guilty” verdict.
Why Hire Us?
DWI cases are complicated. Your DUI attorney must be well-versed in the effects that alcohol or drugs have on the human body, contesting the arresting officer’s observations and conclusions, disputing the testimony from expert witnesses concerning the results of a breath, blood or urine test and more.
Regardless of the type of charge, the attorneys at The Law Offices of Richard C. McConathy understand how to use the deficiencies in investigative procedures, scientific weaknesses in evidence, and techniques used by the prosecution to your advantage.
Richard C. McConathy is a member of the Texas Criminal Lawyers' Association. He earned his Juris Doctor from Texas Wesleyan University School of Law in Fort Worth, Texas. He was named a Texas Monthly Rising Star in 2011 and a Rising Star by Super Lawyers from 2012-2014. He has the experience and passion for fighting for the best results in your case.
What is DWI in Texas?
One of the best ways to understand Texas law for Driving While Intoxicated (DWI) is to read the standard jury instructions that are read to the jury at trial. It provides that the term “intoxication” means:
A. not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
B. having an alcohol concentration of 0.08 or more.
Although the majority of our clients are charged with a first DWI and never imagined being on the wrong side of the law, we also represent clients on more serious charges such as a second, third or subsequent DWI.
Whether your case involves a refusal or a breath, blood or urine test result – we can help. We also represent clients on felony DWI charges for having a child passenger in the vehicle or for intoxication assault or intoxication manslaughter.
By focusing on DWI cases, our attorneys can stay up to date on changes in the law that can help them win DWI cases during motions hearings or at trial.
If you were arrested for DWI by an officer with the Collin County Sheriff’s Office, the Allen Police Department, the Frisco Police Department, the Plano Police Department or the Wylie Police Department then contact an attorney with Law Offices of Richard C. McConathy.
Find an Attorney for Collin County Drunk Driving Charges
Call Law Offices of Richard C. McConathy at (972) 805-8855 or contact us online for a free confidential review of your case. We provide flexible payment plans when needed and accept Visa and MasterCard.