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Since 1994 when our doors opened, Deandra Grant Law – Criminal & DWI Defense has helped thousands of clients get their DWI charges reduced or dismissed. We're ready to fight on your behalf.
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Melissa DWI and Criminal Defense Lawyers
Criminal Defense Representation in Collin County
A DWI arrest or criminal charge can quickly upend your daily life, bringing uncertainty about your license, your employment, and your future. At Deandra Grant Law – Criminal & DWI Defense, our Melissa DWI and criminal defense lawyers understand what is at stake and are committed to providing focused legal representation alongside genuine support throughout the process.
Melissa, Texas has experienced significant residential growth in recent years, emerging as one of the northern Collin County communities drawing families and professionals from across the Dallas-Fort Worth region. Situated along US-75 (Central Expressway), Melissa has seen corresponding increases in law enforcement patrol activity along its major corridors. The Melissa Police Department actively monitors US-75, Melissa Road, and the Collin County Outer Loop, with DWI enforcement a consistent priority along these thoroughfares.
Criminal cases arising in Melissa are handled through the Collin County court system in McKinney. The Collin County courts maintain their own procedural expectations, prosecutorial practices, and judicial tendencies that distinguish them from courts in other jurisdictions. Understanding how these courts operate — from the County Courts at Law that handle misdemeanor matters to the District Courts that adjudicate felony cases — is an important part of building a defense strategy tailored to where your case will actually be decided.
At Deandra Grant Law – Criminal & DWI Defense, we bring detailed knowledge of Collin County court procedures and the specific dynamics of Melissa-area DWI and criminal defense to every case we handle. Our approach emphasizes thorough analysis of the evidence, strategic procedural challenges, and a defense strategy built around your individual circumstances.
Deandra Grant Law – Criminal & DWI Defense Helps Residents Across Texas with Criminal and DWI Defense – Including: Allen, Arlington, Belton, Cleburne, Collin County, Dallas, Denton, Fairview, Fort Worth, Frisco, Gainesville, McKinney, Plano, Princeton, Waco, and Weatherford.
Blood Testing in DWI Investigations: Scientific Analysis and Legal Implications
Comprehensive Examination of Blood Evidence in Melissa DWI Cases
Blood testing is among the most scientifically complex aspects of DWI prosecution in Melissa, Texas. These biochemical analyses, typically conducted at designated laboratories under the supervision of the Texas Department of Public Safety, employ sophisticated methodologies designed to quantify blood alcohol concentration (BAC) with precision. The scientific principles underlying these procedures require thorough legal knowledge to challenge effectively.
The protocol for blood collection in Melissa DWI investigations follows the requirements established under Texas Transportation Code §724.017, which mandates specific procedural safeguards:
- Blood specimens must be collected in a sanitary environment
- Collection must be performed by qualified medical personnel
- Proper antiseptic techniques must be employed
- Chain of custody documentation must be meticulously maintained
- Standardized testing protocols must be followed precisely
Failure to adhere to these established protocols creates meaningful opportunities for evidentiary challenge. The technical nature of these requirements makes detailed examination by legal professionals with specialized knowledge in forensic analysis an important component of any DWI defense.
Critical Vulnerabilities in Blood Testing Procedures
Despite the scientific appearance of blood testing, numerous procedural vulnerabilities exist within the testing methodology that may compromise reliability. These potential deficiencies include:
- Improper blood draw techniques resulting in contamination
- Degradation of samples due to inadequate storage conditions
- Laboratory cross-contamination affecting test accuracy
- Instrument calibration errors producing false readings
- Human error in sample analysis and interpretation
Each potential deficiency represents an avenue for substantive legal challenge. In Melissa cases, our firm conducts comprehensive analysis of blood testing procedures, examining each step in the collection, storage, and analysis process to identify procedural irregularities that may undermine the reliability of the results presented by the prosecution.
Case Study: Procedural Violations in a Melissa-Area Blood Testing Case
In a recent Collin County case involving a blood test result of 0.10% following a traffic stop along US-75 near Melissa, our detailed investigation revealed significant procedural violations. The specimen had been stored at an improper temperature during transport to the laboratory, creating conditions for potential fermentation that artificially elevated the measured ethanol concentration. Documentation further revealed a delay between collection and analysis that exceeded recommended testing guidelines.
Through presentation of testimony regarding these procedural deficiencies, we successfully challenged the reliability of the blood evidence, resulting in substantial evidentiary limitations and a favorable resolution for our client.
Breath Testing in DWI Prosecutions: Technical Analysis and Strategic Defense
Breath testing devices used in Melissa DWI investigations present distinct scientific and legal challenges compared to blood analysis. The Intoxilyzer 9000, deployed throughout Collin County, employs infrared spectroscopy to analyze breath samples and calculate a corresponding blood alcohol concentration through a conversion algorithm.
The scientific reliability of breath testing rests on multiple technical presumptions, each presenting potential avenues for challenge:
- The assumption of a universal 2100:1 blood-to-breath ratio among all test subjects
- The premise that the tested breath sample accurately represents deep lung air
- The supposition that the instrument can distinguish ethanol from chemically similar compounds
- The assertion that proper calibration and maintenance has been consistently performed
Technical Limitations and Evidentiary Challenges
- Physiological Variables: Individual differences in body temperature, respiratory patterns, and metabolic rates can substantially alter breath alcohol readings.
- Environmental Contamination: Ambient conditions at Melissa testing facilities may introduce measurement error.
- Procedural Requirements: Texas Administrative Code provisions mandate specific observation periods, testing sequences, and technical protocols.
- Maintenance Records: Calibration and maintenance documentation for instruments used in Collin County must demonstrate consistent compliance with manufacturer specifications.
Strategic Approaches to Breath Test Defense
- Challenging operator qualifications and procedural compliance
- Scrutinizing instrument maintenance and calibration records
- Analyzing technical data from the testing sequence
- Presenting alternative explanations for elevated readings
- Introducing testimony regarding scientific limitations of the technology
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Felony DWI Charges: Elevated Penalties and Defense Strategies
Statutory Framework for Felony DWI Classification
Most first-time DWI offenses in Melissa are charged as misdemeanors, but certain circumstances trigger felony classification under Texas Penal Code §49.09, significantly escalating potential consequences:
- Third or subsequent DWI offense (Third-Degree Felony)
- DWI with a child passenger under 15 years of age (State Jail Felony)
- Intoxication assault causing serious bodily injury (Third-Degree Felony)
- Intoxication manslaughter resulting in death (Second-Degree Felony)
Felony DWI cases arising in Melissa are adjudicated in the Collin County District Courts in McKinney rather than in municipal court. This transition introduces substantially greater procedural formality and significantly increased potential penalties.
DWI Penalties in Texas
First Offense (Class B Misdemeanor)
- 72 hours to 180 days in county jail
- Fine of up to $2,000
- Driver’s license suspension of 90 days to 1 year
- Possible ignition interlock device requirement
First Offense with BAC 0.15 or Higher (Class A Misdemeanor)
- Up to 1 year in county jail
- Fine of up to $4,000
- Mandatory ignition interlock device
- Permanent conviction — no deferred adjudication available
Second Offense (Class A Misdemeanor)
- 30 days to 1 year in county jail
- Fine of up to $4,000
- Driver’s license suspension of 180 days to 2 years
- Mandatory ignition interlock device
Third Offense (Third-Degree Felony)
- 2 to 10 years in the Texas Department of Criminal Justice
- Fine of up to $10,000
- Mandatory ignition interlock device
The 15-Day ALR Deadline
If you were arrested for DWI in Melissa, you have only 15 days from the date you were served notice of suspension to request a hearing to contest the automatic suspension of your driver’s license. Missing this deadline results in automatic suspension. Contact us promptly so this request can be filed and your driving privileges protected while your case proceeds.
Collin County DWI Courts
DWI cases arising from Melissa are heard in the Collin County courts at the Russell A. Steindam Courts Building in McKinney. First and second-offense DWIs are typically assigned to one of the County Courts at Law, while felony DWI cases are assigned to one of the District Courts. Our attorneys are familiar with the judges, prosecutors, and procedures across the Collin County criminal court system.
Our Attorneys
Attorney Deandra Grant, JD, GC, MS, is one of the most recognized DWI authorities in the country. She is the author of The Texas DWI Manual, holds the ACS-CHAL Forensic Lawyer-Scientist Designation, and is certified in the science and testing of DWI enforcement. She has been named a Texas Super Lawyer every year from 2011 through 2025 and is a past President of the Dallas Criminal Defense Lawyers Association. Her scientific background provides a distinct advantage when challenging blood and breath test evidence in Collin County DWI cases.
Attorney Douglas Huff has completed advanced digital forensics training with Garrett Discovery, one of the nation’s leading forensic firms. This training applies directly to DWI and criminal cases involving cell phone GPS data, dash camera footage, body camera video, and other digital evidence. When the prosecution relies on digital evidence to support its case, we have the training to evaluate and challenge it effectively.
Building a Defense Against Felony DWI Charges
Defending against felony DWI allegations in Melissa requires a multi-faceted approach:
- Constitutional Challenge: Scrutinizing the legality of the initial traffic stop on US-75, Melissa Road, or other enforcement corridors where patrol activity is concentrated.
- Evidentiary Analysis: Examining the scientific reliability of chemical testing through comprehensive discovery.
- Prior Conviction Review: Challenging the validity and admissibility of predicate DWI convictions used for felony enhancement.
- Negotiation Strategies: Exploring potential reduction to misdemeanor classification through strategic plea negotiations with the Collin County District Attorney.
- Sentencing Mitigation: Developing compelling alternatives to incarceration through substance abuse treatment programs and community-based interventions.
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Second Offense DWI in Melissa: Enhanced Penalties and Defense Approaches
Legislative Framework and Consequential Structure
A second DWI offense in Melissa carries substantially enhanced penalties under Texas Penal Code §49.09(a), which designates second-offense DWI as a Class A misdemeanor — a significant escalation from the Class B classification of a first offense.
The statutory penalty framework includes:
- Potential incarceration of up to 365 days in the Collin County Detention Facility
- Financial penalties not exceeding $4,000
- Driver’s license suspension periods ranging from 180 days to 2 years
- Mandatory installation of ignition interlock devices on all operated vehicles
- Enhanced community supervision requirements
- Mandatory completion of specialized DWI intervention programs
Beyond legal penalties, a second DWI conviction can impact insurance rates, employment, professional licensing, and long-term financial stability in ways that extend well past the courtroom.
Procedural Distinctions in Second-Offense Prosecutions
- Enhancement Paragraphs: Charging instruments include specific enhancement allegations referencing prior convictions.
- Bifurcated Proceedings: Trials may use a two-phase structure with guilt determination preceding enhancement proof.
- Evidentiary Considerations: Prior convictions must satisfy specific admissibility requirements, creating potential for challenge.
- Pretrial Intervention Limitations: Diversionary programs typically exclude second-offense defendants in Collin County.
Strategic Approaches to Second-Offense Defense
- Prior Conviction Challenges: Examining predicate offenses for procedural deficiencies, constitutional violations, or documentation inadequacies.
- Temporal Limitation Analysis: Assessing whether prior convictions fall within applicable lookback periods under Texas law.
- Identity Verification Issues: Confirming proper identification linking the defendant to predicate offenses in court records.
- Challenging Current Allegations: Implementing comprehensive evidentiary challenges to undermine present case elements.
- Strategic Negotiation: Developing compelling mitigation evidence to support penalty reductions with the Collin County District Attorney.
DWI with Accident: Investigative Procedures and Defense Strategies
Enhanced Investigation Protocols in Accident-Related Cases
DWI allegations involving vehicle accidents trigger intensified investigative procedures by Melissa law enforcement. These enhanced protocols typically include:
- Deployment of specialized accident investigation personnel from the Melissa Police Department
- Detailed scene documentation including measurements, photographs, and diagram creation
- Collection of physical evidence including vehicle components and roadway markings
- Extended witness interviews with passengers, other drivers, and bystanders
- Potential involvement of Texas Department of Public Safety crash reconstruction personnel
Critical Legal Issues in Accident-Related DWI Prosecutions
- Causation Questions: Whether intoxication actually caused or contributed to the collision is a distinct legal issue that must be proven beyond reasonable doubt.
- Enhanced Penalty Potential: Accidents involving injury may trigger intoxication assault allegations under Texas Penal Code §49.07.
- Civil Liability Implications: Criminal proceedings may generate evidence affecting parallel civil litigation.
- Insurance Coverage Disputes: Criminal allegations may impact insurance coverage determinations.
- Commercial Driver Consequences: Heightened regulatory penalties for commercial license holders.
Comprehensive Defense Approaches for Accident Cases
- Independent Accident Investigation: Retaining qualified accident reconstruction professionals to analyze collision dynamics
- Alternative Causation Development: Identifying non-intoxication factors that may have caused or contributed to the collision
- Medical Condition Evaluation: Assessing whether medical emergencies or conditions contributed to the incident
- Vehicle Malfunction Analysis: Examining potential mechanical failures affecting vehicle control
- Road Condition Assessment: Evaluating whether infrastructure deficiencies along Melissa’s developing road network contributed to the accident
DWI with Death: Intoxication Manslaughter Prosecution and Defense
Statutory Framework and Classification
When a fatality results from operating a motor vehicle while intoxicated, Texas Penal Code §49.08 establishes intoxication manslaughter as a second-degree felony with potential for enhancement under certain circumstances.
Statutory elements require proof beyond reasonable doubt that:
- The defendant operated a motor vehicle in a public place
- While legally intoxicated as defined under Texas law
- And caused the death of another individual by reason of that intoxication
The penalty structure includes 2–20 years imprisonment, financial penalties up to $10,000, lifetime driver’s license consequences, and potential first-degree enhancement based on victim status. These cases are among the most serious prosecuted in the Collin County District Courts.
Defense Strategies in Intoxication Manslaughter Cases
- Causation Challenge: Developing evidence that factors other than intoxication primarily caused the collision
- Toxicology Dispute: Challenging post-accident blood testing reliability through retrograde extrapolation analysis
- Accident Reconstruction: Retaining independent professionals to analyze collision dynamics and contributing factors
- Intervening Cause Identification: Examining whether third-party actions or road conditions constituted superseding causes
- Mitigation Development: Building a comprehensive sentencing record addressing rehabilitation potential and character evidence when factual defenses present challenges
Frequently Asked Questions After an Arrest in Melissa, TX
Do I have to perform field sobriety tests if an officer asks me to?
Field sobriety tests in Texas are voluntary. You are not legally required to perform the walk-and-turn, one-leg-stand, or horizontal gaze nystagmus tests when asked. Refusal may still be noted in the officer’s report, but declining eliminates a category of evidence that is often subjective and influenced by factors unrelated to intoxication — including nerves, physical conditions, footwear, and uneven road surfaces along Melissa’s developing corridors.
I refused the breath test at the station. What happens now?
Refusing a breath test in Texas triggers an automatic driver’s license suspension under the state’s implied consent law, and the refusal itself can be mentioned at trial. However, refusal also means the prosecution lacks a chemical BAC reading, which removes one of the most commonly used pieces of evidence in DWI cases. The strategic implications depend on the full circumstances of your arrest and are worth discussing with an attorney as soon as possible.
What happens at my first court appearance for a DWI in Collin County?
Your first court appearance is typically an arraignment or announcement setting where you confirm your representation and the court establishes a timeline for your case. Your attorney will request discovery — including the officer’s report, dashcam and body camera footage, and any chemical test records — and begin reviewing the evidence for issues that may affect how the case proceeds. The first setting is rarely the last, and most cases involve multiple court dates before any resolution.
Can I get an occupational license if my driver's license is suspended after a DWI arrest?
In many cases, yes. An occupational license — also called an essential need license — allows you to drive to and from work, school, and essential household duties during a suspension period. Obtaining one requires a court order and may involve ignition interlock requirements. The process has specific procedural steps in Collin County, and timing matters, so addressing this early in your case is important.
What does 'loss of normal mental or physical faculties' mean under Texas law?
Texas DWI law allows prosecution even without a BAC reading at or above 0.08% if the state can show that alcohol or another substance caused a person to lose the normal use of their mental or physical faculties. This standard is subjective and typically built on officer observations — things like slurred speech, unsteady walking, or difficulty following instructions. These observations can be challenged based on alternative explanations, including fatigue, medical conditions, or the stress of the stop itself.
My DWI arrest involved a child in the vehicle. How does that change things?
DWI with a child passenger under 15 years of age is charged as a State Jail Felony under Texas Penal Code §49.045, regardless of whether it would otherwise be a first offense. This elevates the case from Melissa’s local court system into the Collin County District Courts in McKinney and substantially increases the potential penalties. These cases require immediate attention and a defense strategy that accounts for the felony-level consequences from the outset.
What is deferred adjudication and am I eligible for it in a DWI case?
Deferred adjudication is a form of probation where, upon successful completion, the case is dismissed without a final conviction. Texas law allows deferred adjudication for first-offense Class B DWI cases — those with a BAC under 0.15 and no aggravating factors. It is not available for Class A DWI cases where BAC was 0.15 or higher. Eligibility depends on the specific facts of your case, and the terms of deferred adjudication in Collin County typically include supervision, reporting requirements, and possible ignition interlock conditions.
How does a DWI conviction affect car insurance in Texas?
A DWI conviction typically results in significantly higher insurance premiums — sometimes doubling or tripling — and some insurers may cancel a policy altogether following a conviction. Texas also requires an SR-22 certificate of financial responsibility for reinstatement of driving privileges after certain DWI-related suspensions. These financial consequences often outlast the legal penalties by several years, which is one reason pursuing the strongest available defense matters even in cases that may seem minor.
What if the officer did not read me my Miranda rights after my arrest?
Miranda warnings are required before a custodial interrogation — meaning before police question you while you are under arrest. If questioning occurred without the required warnings, statements made during that interrogation may be suppressible. However, Miranda does not affect the admissibility of observations made before arrest, field sobriety test results, or chemical test evidence. Whether a Miranda issue exists in your case depends on the specific sequence of events during your arrest.
Can a Texas DWI conviction ever be expunged from my record?
A DWI conviction generally cannot be expunged in Texas. However, if your case was dismissed, you were acquitted, or you successfully completed deferred adjudication for a qualifying offense, you may be eligible for expunction or a non-disclosure order depending on the circumstances. The availability of these remedies varies based on the charge, the outcome, and how the case was resolved in Collin County. An attorney can evaluate whether any record-clearing options apply to your situation.
Assault Allegations in Melissa: Legal Classification and Defense Strategies
Statutory Framework and Categorization
Assault allegations in Melissa encompass a range of conduct under Texas Penal Code §22.01, from threatening conduct to physical contact resulting in bodily injury. Classification and potential penalties vary based on specific factual elements, the relationship between the parties, and aggravating factors.
The primary categories under Texas law include:
- Class C Misdemeanor Assault: Threatening conduct or offensive contact without bodily injury
- Class A Misdemeanor Assault: Resulting in bodily injury, or involving enhanced penalties due to victim status
- Felony Assault: Elevated based on relationship status, prior convictions, or aggravating circumstances
Cases involving alleged family violence receive particular attention in Collin County, triggering enhanced penalties and involvement from the District Attorney’s family violence prosecution unit. Prosecutors in these matters frequently proceed with cases regardless of a victim’s stated preference for dismissal, making early legal involvement critical.
Strategic Defense Approaches in Assault Cases
- Witness Testimony Analysis: Evaluating witness credibility, consistency, and potential motivations
- Physical Evidence Assessment: Scrutinizing medical records, photographs, and forensic evidence for consistency with the allegations
- Self-Defense Claims: Developing legal arguments under Texas Penal Code §9.31 regarding justification defenses
- Proportional Response: Analyzing whether actions constituted a reasonable response to a perceived threat
- Consent Issues: Examining whether alleged conduct occurred in a context that may implicate consent
Q: Can assault charges be dropped at the accuser’s request?
A: While victim preferences are considered, the Collin County District Attorney’s Office maintains independent discretion regarding case dismissal. In family violence matters, prosecutors frequently proceed despite a victim’s request for dismissal.
Q: How might assault allegations affect other legal proceedings?
A: Assault allegations may significantly affect family court matters, professional licensing, and immigration status. A defense strategy should account for these collateral consequences from the outset.
Q: What constitutes self-defense under Texas law?
A: Self-defense justification requires a reasonable belief that force was immediately necessary to protect against unlawful force. Proportionality and whether the defendant was the initial aggressor are critical factors in this analysis.
Drug Possession Allegations: Legal Framework and Defense Strategies
Statutory Classification and Penalty Structure
Drug possession allegations in Melissa operate within the framework of the Texas Health and Safety Code, which categorizes offenses based on controlled substance type, quantity, and aggravating factors:
- Class C Misdemeanor: Possession of drug paraphernalia
- Class B Misdemeanor: Possession of under 2 ounces of marijuana
- Class A Misdemeanor: Possession of 2–4 ounces of marijuana or certain prescription medications without authorization
- State Jail Felony: Possession of less than 1 gram of a Penalty Group 1 controlled substance
- Increasing Felony Degrees: Escalating classifications based on quantity thresholds
The Melissa Police Department enforces controlled substance laws along US-75 and surrounding commercial and residential corridors. Drug stops frequently arise from traffic contacts initiated along these routes, making the legality of the underlying stop a central question in many possession cases.
Comprehensive Defense Strategies
- Constitutional Challenges: Examining search and seizure procedures for Fourth Amendment violations arising from the initial stop or detention
- Possession Disputes: Challenging the connection between the defendant and the controlled substance
- Scientific Analysis: Scrutinizing laboratory procedures, testing methodologies, and analyst qualifications
- Quantitative Verification: Independently confirming weight determinations that affect charge classification
- Alternative Resolution: Pursuing diversionary programs and treatment-based alternatives available in Collin County
Pretrial Diversion Opportunities in Collin County
- Drug Court Program: Judicial supervision combined with treatment services
- First Offender Drug Program: Diversion available for qualified defendants without prior drug convictions
- Pretrial Intervention: Prosecutorial diversion with supervision and treatment requirements
- Deferred Adjudication: Judicial supervision without final conviction upon successful completion
- Conditional Discharge: Statutory non-conviction disposition for certain qualifying offenses
Eligibility depends on offense classification, criminal history, and specific case circumstances. Early assessment of diversion eligibility can significantly affect the range of outcomes available to you.
Q: Can prescription medications result in possession charges?
A: Yes. Possession of prescription medications without a valid prescription constitutes a criminal offense under Texas law. Classification depends on the medication’s controlled substance scheduling.
Q: How do possession with intent to distribute charges differ from simple possession?
A: Intent to distribute allegations involve additional elements regarding quantity, packaging, distribution materials, and other circumstantial evidence suggesting commercial activity.
Seeking Legal Representation for Melissa Criminal Defense Matters
If you or a family member face DWI allegations or criminal charges in Melissa, selecting qualified legal representation is one of the most important decisions you will make. The complexity of Texas criminal law, combined with the specific procedural dynamics of Collin County courts, requires a knowledgeable and strategic approach.
Deandra Grant Law – Criminal & DWI Defense provides comprehensive criminal defense representation for Melissa residents, combining thorough knowledge of Collin County court procedures with a detailed understanding of the scientific and legal challenges central to DWI and criminal defense. Attorney Deandra Grant, JD, GC, MS, is one of the most recognized DWI authorities in the country, author of The Texas DWI Manual, and certified in the science and testing of DWI enforcement.
We encourage you to contact Deandra Grant Law – Criminal & DWI Defense promptly to schedule a confidential consultation. Through early involvement and proactive planning, we work toward favorable outcomes for clients throughout Collin County.
Comprehensive DWI Defense Services for Melissa Clients
At Deandra Grant Law – Criminal & DWI Defense, we handle a wide range of DWI charges for Melissa clients, including: Boating While Intoxicated (BWI), CDL DWI, Felony DWI, Hit and Run DWI, Multiple DWIs, and Underage DWI.
In addition to DWI defense, our legal team handles drug crimes, murder, theft, robbery, and white-collar crimes for Melissa clients throughout Collin County.
Contact Our Melissa DWI and Criminal Defense Lawyers
Your future deserves the right defense. Contact Deandra Grant Law – Criminal & DWI Defense now to schedule a free consultation and begin building a strategy for your case. Our Melissa DWI and criminal defense lawyers are ready to help you understand your options and move forward with confidence.
Client Reviews
“Deandra Grant Law – Criminal & DWI Defense handled my case with diligence and professionalism. Deandra Grant’s reputation is stellar and now I know why. She has a team of individuals who provide quality service.”
N. Coulter
(214) 225-7117
Experienced DWI Defense