Collin County Criminal Defense Attorney
When You’re Facing Criminal Charges,
You Need Someone In Your Corner.
I’m Mark O’Bryan. I’ll be straight with you about your case, fight hard for you in court, and handle everything myself — no associates, no handoffs, no surprises.
Texas aggressively prosecutes DWI cases — and the penalties keep getting harsher, especially for repeat offenders. What most people don’t realize is that you can be charged with DWI in Texas even if your blood alcohol concentration is below the legal limit of 0.08. Under Texas law, intoxication means more than just a number.
If you’ve been charged with DWI or a related intoxication offense in Plano, Frisco, McKinney, Allen, Prosper, or anywhere else in Collin County, the decisions you make in the next few days can significantly affect how your case turns out. I’ve been defending DWI cases in Collin County for over a decade, and I’ll tell you straight: the difference between a permanent conviction and a better outcome often comes down to what happens early.
A person commits DWI in Texas if they are intoxicated while operating a motor vehicle in a public place. A first offense is generally a Class B Misdemeanor. A second offense is typically a Class A Misdemeanor. A third or subsequent offense is charged as a 3rd Degree Felony.
A person commits this offense if they are intoxicated while operating a motor vehicle in a public place and the vehicle is occupied by a passenger younger than 15 years of age. Generally charged as a State Jail Felony.
A person commits intoxication assault if they operate a motor vehicle in a public place while intoxicated and, by reason of that intoxication, cause serious bodily injury to another person — even by accident or mistake. Generally charged as a 3rd Degree Felony.
A person commits intoxication manslaughter if they operate a motor vehicle in a public place while intoxicated and, by reason of that intoxication, cause the death of another person by accident or mistake. Generally charged as a 2nd Degree Felony.
The criminal penalties above are only part of the picture. What I tell every client is that a DWI conviction in Texas comes with collateral consequences that can hurt you long after the case is over — sharp increases in auto insurance premiums, difficulty passing employment background checks, and potential impacts on professional licenses in fields like healthcare, law, education, and commercial driving. For non-citizens, a conviction can have serious immigration consequences as well.
Most people think of intoxication strictly in terms of a legal limit — if you’re under 0.08, you’re fine. Texas law is more complicated than that. There are actually two separate legal definitions of intoxication, and either one is enough to support a DWI charge.
Having a blood alcohol concentration (BAC) of 0.08 or more. To put this in perspective, a 165-pound man who drinks four drinks in one hour likely has a BAC over 0.08. A woman who drinks two glasses of wine may be near or over the limit.
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 substances, or any other substance into the body.
The second definition is what catches most people off guard. Because of it, an officer can arrest you for DWI based solely on their own testimony that you lacked the normal use of your faculties — even without a breath or blood test and without standardized field sobriety tests.
Courts define “normal use” as what a non-intoxicated, reasonable person would exhibit under the same circumstances. I challenge this standard regularly — for example, by demonstrating that poor field sobriety test performance was caused by a medical condition, fatigue, anxiety, or the inherent awkwardness of the tests themselves.
It also means you can be charged with DWI in Texas without having consumed any alcohol at all — prescription medications, controlled substances, and other drugs can all form the basis of a DWI charge. Learn more about non-alcohol DWI charges in Texas →
Yes — under certain circumstances. A Texas judge or magistrate may issue a search warrant requiring you to provide a blood sample if you’ve been arrested for DWI and refuse a breath or blood test. But a blood sample is not automatic proof of guilt.
If the sample was collected by an unauthorized person, collected improperly, or significant time passed between when you were driving and when the sample was drawn, the results can often be challenged — or excluded from evidence entirely. I look hard at every blood sample in every case I handle.
A DWI arrest in Texas triggers two separate legal processes: the criminal case in court, and an administrative proceeding that can suspend your driver’s license — even before you’re convicted of anything. Understanding the timeline is critical, and missing it can cost you the ability to drive for months.
If your license was confiscated at the time of your arrest, you received a temporary driving permit (a yellow piece of paper). You have 15 days from the date of your arrest to request a hearing to contest the suspension. Miss this deadline and your temporary permit expires after 40 days with no appeal available. If you file within 15 days, the suspension is delayed until your hearing — which is typically much longer than 40 days.
Texas’s implied consent law means that by driving on Texas roads, you’ve legally consented to chemical testing if arrested for DWI. A license suspension under these circumstances is a civil penalty — it can happen regardless of whether you’re ultimately convicted of DWI.
Even if you lose the administrative license revocation hearing, you may still be eligible for an Occupational Driver’s License, which lets you drive for essential purposes like work, school, or medical appointments. When I take a DWI case, the ALR hearing is one of the first things I deal with — losing your license shouldn’t be the price of waiting.
Every traffic stop has to start somewhere — and that starting point matters legally. Before an officer can pull you over, they need reasonable suspicion that a law has been broken. If that standard wasn’t met, everything that followed — field sobriety tests, breath tests, statements you made — may be suppressible. It’s the kind of issue that can change the entire direction of a case, and it’s one of the first things I look at in every DWI I take.
The three standardized field sobriety tests in use today — the walk-and-turn, one-leg stand, and horizontal gaze nystagmus — were developed in the 1970s. Decades later, they haven’t changed much. And they’re given the same way to everyone: a healthy 18-year-old athlete and a 68-year-old retiree are asked to perform the exact same tasks, scored against the exact same standard.
Poor performance can stem from anxiety, fatigue, footwear, uneven pavement, or simply the stress of being pulled over — none of which have anything to do with intoxication. These tests aren’t as objective as they’re often made out to be. I challenge both how they were administered and what the results actually prove — and most officers don’t follow the protocol as strictly as they’re supposed to.
Breathalyzer machines require regular calibration, and the officer operating one needs to be properly certified. But here’s the issue that often gets overlooked: alcohol continues to absorb into your bloodstream after you stop drinking. If your BAC was below 0.08 while you were actually driving but continued rising by the time you were tested, the number on that machine may not reflect what was in your system at the time of the offense. I check both — the machine’s records and the timing of the test.
Blood testing has become the preferred method for most Collin County law enforcement agencies — and while it can feel more conclusive than a breath test, many of the same challenges apply. Blood draws don’t happen at the moment of arrest. By the time you’re transported, processed, and a sample is actually drawn, an hour may have passed — and in some cases, three or four. Because alcohol is still absorbing during that window, a blood result showing a BAC above 0.08 hours after you were driving may not accurately reflect what your BAC actually was at the time of the offense.
The sample itself can be challenged too. It has to be collected by a qualified medical professional, handled under strict chain-of-custody procedures, and properly stored and analyzed. Errors anywhere in that process — improper collection, storage problems, fermentation of the sample — can affect the accuracy of the results and may be grounds to exclude them entirely. I look hard at every blood sample in every case I handle.
As I mentioned above, the same standardized tests are given to everyone — regardless of age, physical condition, or medical history. A person with a bad back, a knee replacement, or an inner ear condition is held to the exact same standard as someone with no physical limitations whatsoever. Beyond physical limitations, certain conditions — diabetes, acid reflux, and neurological disorders — can produce symptoms that look a lot like intoxication. If anything in your medical history could explain what the officer saw, I want to know about it.
After a DWI arrest, what you do — and don’t do — in the hours and days that follow matters enormously. Some of the most avoidable damage comes from:
A DWI charge doesn’t automatically mean a conviction or jail time. But the alternatives come with their own conditions, costs, and long-term consequences — and the right one for your case depends on the specific facts. Knowing what may be available before you go to court can make a real difference in how I approach your case.
For many DWI cases — especially first and second offenses — probation may be available instead of serving the full jail sentence. In Texas, DWI probation usually comes with a long list of requirements, including regular reporting to a probation officer, community service, DWI education classes, a victim impact panel, random drug and alcohol testing, fines, court costs, and other court-ordered conditions.
Probation keeps you out of jail, but it isn’t a free pass. If you violate a condition, the State can ask the court to revoke your probation. If that happens, the judge may have the authority to impose jail time that was originally probated. That’s why I make sure every client knows exactly what they’re signing up for before agreeing to any probation terms.
For some first-time DWI cases, deferred adjudication may be an option. If granted, you enter a plea, but the judge does not enter a final conviction. Instead, you’re placed on community supervision. If you successfully complete the deferred probation period, the case is dismissed without a final conviction.
That can be one of the better outcomes in a DWI case, but it isn’t available in every situation. Eligibility depends on the facts of the case, including prior history, the alleged alcohol concentration, whether there was an accident or injury, and other statutory limits. Successfully completing deferred adjudication also opens the door to having the arrest sealed from your record — which can matter significantly for employment, professional licensing, and background checks.
An ignition interlock device — often called an IID — is a breath-testing device installed in a vehicle. Before the vehicle will start, the driver must provide a breath sample showing that alcohol is not detected.
In Texas DWI cases, an IID may be required as a condition of bond, probation, or deferred adjudication. It’s especially common in repeat-offender cases and in cases involving higher alcohol concentration allegations. If ordered, the device must usually be installed and maintained at your expense, with monthly monitoring fees throughout the required period.
These two terms are often used interchangeably, but in Texas they are two distinct offenses that apply to different people.
Only a person under 21 years of age can be charged with DUI in Texas. A minor commits DUI by operating a vehicle in a public place while having any detectable amount of alcohol in their system — a far lower standard than DWI. DUI is charged as a Class C Misdemeanor and carries no jail time, though a license suspension is still possible.
DWI applies to adults and carries significantly higher stakes — including jail time, heavy fines, and a permanent criminal record. Adults who are under 21 can also be charged with DWI (rather than DUI) if the evidence supports it.
Yes. Texas law defines intoxication two ways: having a BAC of 0.08 or higher, OR not having the normal use of your mental or physical faculties due to alcohol, drugs, or any other substance. If an officer believes your faculties are impaired — even without a breath or blood test — you can be arrested and charged with DWI.
In Texas, DUI only applies to minors under 21. A minor commits DUI by operating a vehicle with any detectable amount of alcohol in their system — a much lower standard than DWI. DUI is a Class C Misdemeanor with no jail time, though a license suspension is still possible. Adults are charged with DWI, which carries significantly higher penalties.
Texas’s implied consent law means that by driving on Texas roads, you’ve consented to chemical testing if arrested for DWI. Refusing will result in an automatic license suspension — 180 days for a first refusal, 2 years if you have a prior alcohol-related or drug-related enforcement contact within the last 10 years. You have only 15 days from your arrest to request a hearing to contest the suspension. It’s also worth knowing that during no-refusal weekends — which Texas law enforcement agencies run around major holidays — officers can obtain a blood draw warrant within minutes, meaning a refusal may not prevent the State from collecting a blood sample.
Yes. A DWI conviction in Texas becomes a permanent part of your criminal record. Deferred adjudication is available in limited circumstances for some first-time DWI cases, but it is not guaranteed — eligibility depends on the facts, your prior history, the alleged BAC, and other factors. This is one of the most important reasons to have an experienced attorney evaluate your case from the very beginning.
Contact a criminal defense attorney as soon as possible — before speaking to anyone about your case. You have only 15 days from your arrest to request a hearing to contest your license suspension, so time is critical. I handle DWI cases throughout Collin County and the DFW area and offer a free consultation. Reach out and we can talk through your situation.
Mark O’Bryan defends DWI charges throughout Collin County, including:
DWI laws in Texas are among the most complex in criminal law — and the consequences of a conviction are permanent. A DWI conviction stays on your record for life, and while deferred adjudication may be available in limited circumstances for some first-time cases, it isn’t guaranteed. Beyond the criminal penalties, a conviction can mean higher insurance premiums, a suspended license, and serious consequences for your livelihood.
I handle DWI cases throughout Collin County and also serve clients in Dallas, Denton, and Tarrant counties. I’ll be straight with you about your situation, explain all of your options, and fight hard for the best possible outcome — no obligation, no hard sell.
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