DWI or Driving When Intoxicated in the state of Texas is usually considered as a misdemeanour for the first offence. Unlike other misdemeanours, DWI comes with potentially much more serious consequences. An eventual conviction of a DWI could involve time passed in jail, substantial fines, administrative fees and the suspension of the driver’s license. In such situations, a McKinney DWI lawyer can help you with professional advice. It is wiser to look for the assistance of a McKinney criminal lawyer, who has wide expertise in such cases, than to try managing the situation by yourself.

According to Texas criminal law, a drunk driving charge will require the police to demonstrate that you had a blood alcohol concentration of at least .08 when driving a motor vehicle, or that you were mentally and physically impaired by drugs or alcohol. It is the police officers’ duty to establish the probable cause, make the traffic stop and then get evidence that you were operating the vehicle while intoxicated in order to be able to arrest you. Usually, the evidence is obtained by observing the way you act and your general behaviour.

Drunk driving is a Class B misdemeanour on the first offense and may be punished by 3-180 days in jail. An up to $2,000 fine may also be applied. Aggravating circumstances, however, may lead to more severe punishment. This is why a McKinney DWI lawyer is required to assist you.

If your blood alcohol concentration (BAC) is over .08, you also risk a suspension of your driver’s license. The same applies when you refuse to take the test, or when you are convicted following a DWI offense. The administrative license revocation begins 40 days after the moment you receive notice, which is usually sent by the arresting officer. The revocation lasts for 90 days if you had no other DWI within ten years. Refusing a blood-alcohol test automatically validates these suspensions, unless you contact a McKinney criminal lawyer and ask for a hearing. To keep your license, the hearing must be requested within the 15 calendar days that follow the notice of the pending administrative suspension.

The Texas Office of Administrative Hearings is conducting the hearing, which will take place in the county where the arrest happened. An administrative hearing judge will establish if the arresting police officer was right to stop and arrest you. He will also determine if your BAC was above the legal limit. In case the judge decides in your favour, you may keep your driver’s license. Otherwise, the suspension becomes effective. If convicted of DWI, you will have your driver’s license suspended within thirty days of the conviction. The suspension will last for ninety days to one year if there is a first offense. After the end of the suspension, a $125 reinstatement fee has to be paid.


If you are facing a case of DWI, a McKinney DWI lawyer http://www.mckinneycriminaldefense.com/ may help you to avoid things going worse. McKinney criminal lawyer http://www.mckinneycriminaldefense.com/ s are specialised in professional assistance for DWI cases.