Melissa DWI and Criminal Defense Lawyers

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.