Collin County DWI Attorney

Are You Looking for the Best Collin County DWI Attorney?

If you’re looking for the best Collin County DWI attorney, then Paul Saputo and Nick Toufexis want to represent you. Award-winning lawyers Paul Saputo and Nick Toufeis relentlessly defend our clients in Collin County DWI cases, ensuring that the firm explores every possible available defense strategy.

The Saputo Toufexis | Criminal Defense DWI defense attorneys seeks to represent discerning clients in Collin County who value our commitment to achieving outstanding results. Our attorneys have dedicated their careers to criminal defense and maintain an unwavering dedication to delivering expert representation.

We’re not just Collin County DWI lawyers. We are warriors fighting unjust and corrupt government prosecutions with a history of success and a reputation for tenacity, courage and legal ingenuity.

In addition to our notable high-profile victories, our history of success also includes inconspicuous representation of numerous high-profile clients. Indeed, many of our biggest wins involved disposing of these cases quietly and out of the sight of the public. Our Collin County DWI attorneys have beat DWI breath scores, blood scores, and field sobriety tests. Let us handle your case, and we will take care of everything from your driver’s license privileges to creating a formiddable defense strategy.

Many people wonder how you can possibly win a DWI case, especially if you failed a breath test or a blood test. You might think there’s nothing you can do to fight these charges. But you would be wrong.

Whether you failed a breath test, blood test, the roadside field sobriety tests, or all three, an experienced Collin County DWI attorney can still utilize many defense strategies to win your case. An experienced DWI attorney can potentially identify problems with the administration of the tests, challenge the test results, and suppress evidence that was obtained illegally.

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Contact a Collin County
DWI Lawyer

When you are ready to fight your Collin County DWI case with us, schedule online or call us at 888-239-9305 to book a free, confidential consultation.

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Choosing The Right Collin County DWI Lawyer Can Make A Huge Difference In Your Case Result

Why would you hire a former prosecutor? Surprisingly, some people believe that former prosecutors provide some special advantage. However, many of these attorneys seem to quickly push clients to a plea deal. If you really want someone who will fight for you or your loved one, get an attorney who has dedicated their life to protecting the accused.

At Saputo Toufexis | Criminal Defense, we are defense lawyers, first and foremost. We stake our reputation on bringing the fight to the state. We have never worked for the government and never will. Learn more about our team, awards, and some of our victories.

How do I get a DWI charge dropped in Collin County, Texas?

In order to get a DWI charge dropped in Collin County, you must convince the state that they cannot prove at least one of the elements of the offense as it is defined in Penal Code §49.04.^[1] Our lawyers are experts in the Texas law regarding DWI, and we leverage our legal knowledge to mount successful defenses to government prosecutions.

Thoroughly understanding both the DWI statute and related case law contributes to effectively defending you in court. As part of our practice, we publish and regularly update a statutory resource guide covering all Texas Penal Code crimes. We analyze the DWI statute in detail on the DWI offense page. We also maintain our expertise by keeping up with the latest case law affecting DWI cases in Collin County.

One such case is The State of Texas v. Vanessa Elaine Hernandez.

The State of Texas v. Vanessa Elaine Hernandez

For example, in one Collin County DWI case, the Fifth District Court of Appeals reviewed the records from the County Court at Law No. 5 Collin County. Subsequently, the appellate court filed an opinion on June 26, 2023, in the case styled The State of Texas v. Vanessa Elaine Hernandez in Cause No. 05-21-01011-CR.

The appellate court reported the background of the case as follows:

Appellant Vanessa Elaine Hernandez entered an open plea of guilty to the Class A misdemeanor offense of driving while intoxicated (DWI) with a blood alcohol concentration of 0.15 or more. See TEX. PENAL CODE ANN. § 49.04(a), (d). The trial court assessed appellant’s punishment at 365 days, the maximum allowed by law, in the Collin County Jail. See id. § 12.21(b). In two issues, appellant argues that the trial court’s consideration of extrajudicial facts when assessing her punishment violated her due process right to a fair trial under the Fifth Amendment and her Sixth Amendment right to confrontation.

The trial court did not rule on appellant’s motion for leave, but the trial court’s docket entry shows that the motion for new trial was held by affidavit submission on January 19, 2022, and the motion was denied. This appeal followed.

Every Collin County DWI attorney should be familiar with this case and other appellate opinions coming out of Collin County that review DWI cases. You can learn more about this case and read the court’s opinion by Justice Smith here.

What does a DWI charge really mean?

The general definition of the Texas charge of DWI, according to the Texas Penal Code, is as follows:

(a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.

What should I do after I’m arrested for a DWI?

After a DWI arrest, you must act swiftly because you often only have 15 days from the date of your arrest to request an administrative hearing concerning your driver’s license. Failing to request an administrative hearing within the timeframe will result in an automatic driver’s license suspension.

Learn more about what happens to your drivers license after a DWI arrest – and four things you MUST do after a DWI arrest – in our DWI Resources Guide.

Law Enforcement Agencies in Collin County that Make DWI Arrests

Peace officers with the Texas Department of Public Safety, constable offices, and municipal police departments can make arrests for violations of DWI in Collin County. Law enforcement agencies in Collin County that most typically make DWI arrests include:

• The Collin County Sheriff’s Office handles DWI enforcement throughout Dallas County.
• McKinney Police Department – Serving the city of McKinney, the police department provides DWI enforcement within the city limits.
• Plano Police Department – This municipal police department serves the city of Plano by investigating DWI cases within the city’s limits.
• Frisco Police Department
• Allen Police Department
• Murphy Police Department
• Wylie Police Department
• Anna Police Department
• Princeton Police Department
• Farmersville Police Department
• Melissa Police Department

How do Collin County DWI defense lawyers beat a DWI case?

To beat a DWI charge in Collin County, Texas, you must employ every procedural tool from ALR hearings to discovery. You must obtain all evidence through discovery and independently investigate the case. Finally, you contest all evidence, including witness statements, breath tests, blood tests, and field sobriety tests. Remember, victory hinges on your determination to fight relentlessly.

Even if you believe you cannot beat the case, as your Collin County DWI attorney, we will look for every avenue to help you. If you want to plead guilty, we must still fight to protect your rights. We want to ensure that the case does not ruin your life. Sometimes the defense strategy requires us to get the best possible result short of a not guilty verdict.

Collin County DWI Attorney Case Defense Strategy

Defending against DWI charges requires experience, skill, deep knowledge of the law, and an understanding of the methods that law enforcement use to investigate DWI offenses. Clients frequently ask whether we can beat certain test scores. In fact, we regularly beat cases with breath and blood test scores. Regardless how high the breath or blood score reported by the test, many factors can affect the validity and meaning of all BAC tests.

DWI Defense usually boils down to attacking the state’s evidence on one or more of the following fronts:

• Scientifically Unsound Blood Test Results
• Scientifically Unsound Breath Test Results
• Rising Alcohol Level
• No Probable Cause for Arrest
• Failure to Obtain a Warrant

By examining every aspect of the testing protocols, an experienced DWI Defense attorney can accurately determine how to demonstrate problems with the tests.

However, not all cases come down to testing protocols and challenging blood and breath evidence. Sometimes cases come down to whether the police violated your constitutional rights, while others come down to SFST testing. All cases are unique, but we always begin with the aim of getting your DWI charge dismissed. As experienced attorneys who have handled many intoxication offenses, including DWI 2nd, DWI 3rd, repeat felony DWI, and DWI accident cases, we provide our clients with the aggressive representation necessary to protect your rights and fight your case.

Getting the best result in a DWI case requires being fully prepared for all hearings and court settings – not just trials. When you need a Collin County DWI attorney, we act fast and prepare early. As soon as we get on a case, the Collin County District Attorney’s Office knows that we are getting ready for trial and that we are going for an outright acquittal. Sometimes that persistence alone will help convince state prosecutor to drop or reduce the DWI charge.

How much does it cost to fight a Collin County, Texas, DWI case?

Attorney’s fees for DWI cases inevitably vary. However, you can expect to pay from $2,500 to $5,000 on average for DWI 1st cases in Collin County, and more for felony-level offenses. Be wary of Collin County DWI lawyers who charge surprisingly low fees.

For some situations, some lawyers may charge hourly fees. In addition, many lawyers charge extra fees for trial, ALR hearings, and occupational licenses. If you hire an attorney from outside Collin County, sometimes travel fees may apply.

What You Should Do if You Are Falsely Accused of DWI in Collin County

Even when falsely accused of DWI, it’s crucial to treat the charge with the utmost seriousness. You might hope the state would dismiss the charges due to your innocence. But without skilled legal representation, the case may proceed to trial, where a jury will ultimately make the decision.

If the Collin County District Attorney has charged you with DWI, or if you are under investigation for the offense by the police, then you should book an appointment or call us as soon as possible to speak with one of our Collin County DWI attorneys.

Bond Conditions in Collin County DWI Cases

For DWI cases, Texas judges typically impose a “no alcohol” bond condition. Judges may require, and sometimes must require, you to install an ignition interlock device on your vehicle. An ignition interlock device will prevent you from starting your vehicle if your breath has a detectable level of alcohol. For DWI 2nd and felony DWI cases, judges will often require additional restrictions, such as a Soberlink device or GPS monitoring. If you want to remove an ignition interlock device or another alcohol-monitoring devices condition, then please book a consultation with us, and we will discuss what our Collin County DWI attorneys can do for you.

What happens at a Collin County arraignment?

At your arraignment, a Collin County judge will hear your plea of not guilty. In Collin County, you may not have an attorney at your initial arraignment. However, the court will not hear a guilty plea prior to your being represented by counsel. In addition, the court may also set bail and bond conditions if you have not already received them.

If the police have arrested you for DWI, then Texas Code of Criminal Procedure §17.40 requires Collin County judges to “impose any reasonable condition of bond related to the safety of a victim of the alleged offense or to the safety of the community” to secure your attendance at trial. If the state alleges that you violated those bond conditions, then the Collin County Sheriff’s Office can immediately return you to custody. Accordingly, judges have very broad power in determining bail conditions and bond amounts.

What is the most common sentence for Collin County DWI charge in Collin County?

The Penal code defines the range of punishment for all Texas DWI offenses in the state. The Penal Code classifies DWI as a Class B misdemeanor, unless the state alleges that your BAC met or exceeded 0.15, in which case the code classifies the offense as a Class A misdemeanor. Additionally, the state may seek a repeat DWI enhancement to a Class A misdemeanor for DWI 2nd convictions, and to the felony level for third or subsequent DWI convictions.

However, the actual punishment you receive will vary significantly based on a number of circumstances, including your prior criminal history and the circumstances of the offense. With this in mind, you can learn about the penalties that apply to all Texas convictions for DWI here. Otherwise, to learn more about what kind of punishment is typical in Collin County DWI cases, call us to schedule a consultation or book online.

Furthermore, all good Collin County DWI attorneys will also advise you on the collateral consequences of a DWI conviction. Collateral consequences are penalties derived from convictions that are not necessarily part of the penal code punishment. For DWI offeneses, collateral consequences can include things like driver’s license suspensions and reinstatement fees, insurance premium increases, immigration consequences, and professional licensing consequences.

Do you lose your license for your first DWI case in Texas?

Your license can be suspended after your first DWI arrest in Texas, but you don’t have to lose your license if you challenge the seizure. Your DWI Defense Attorney should request an ALR hearing after your arrest. Through this process you can delay your license suspension or beat it altogether.

What happens if you fail a breathalyzer in Texas?

If you fail a breathalyzer test in Texas, the police will seize your license. However, failing a breathalyzer does not mean you will lose your DWI case. In fact, you can even fight your drivers license seizure and possibly prevent your license suspension.

How do I hide my first DWI case in Texas?

In order to hide your first DWI case in Texas, you will need to obtain a nondisclosure or an expunction. A nondisclosure hides your records by sealing them from public view, while an expunction destroys the records. You are only eligible for an expunction if you were acquitted or if your case resulted in a “straight dismissal.” It is a little bit easier to get a nondislcosure.

If the police recently arrested you for a Collin County DWI or other Collin County intoxication offense, you MUST know the information in our DWI Defense Guide

Types of DWI Charges in Texas

When most people think about a DWI, they usually envision cases of driving while intoxicated. While this is one type of DWI charge, various other DWI charges can lead to an arrest. Outlined in Chapter 49 of the Texas Penal Code, DWI charges in Texas include:

• PC 49.04 – Driving (Operating a Motor Vehicle) While Intoxicated (“DWI”)
• PC 49.04 – DWI (2nd offense)
• PC 49.04 – DWI (3rd offense) felony
• PC 49.045 – Driving While Intoxicated With Child Passenger
• PC 49.05 – Flying While Intoxicated
• PC 49.06 – Boating While Intoxicated
• PC 49.061 – Boating While Intoxicated with Child Passenger
• PC 49.065 – Assembling or Operating an Amusement Park Ride While Intoxicated
• PC 49.07 – Intoxication Assault
• PC 49.08 – Intoxication Manslaughter
• ABC 106.041 – Driving or Operating Watercraft Under the Influence of Alcohol by a Minor (“DUI“)

At Saputo Toufexis | Criminal Defense, our Collin County DWI attorneys have successfully defended clients charged with these offenses and can use our experience to your advantage in putting you in the very best position to win your DWI case.

Felony DWI Charges Deserve Top-Tier Representation

The state can sometimes charge a DWI or intoxication offense as a felony Four scenarios can result in a felony DWI or intoxication charge:

• After two DWI convictions, the state convicts you of a third or subsequent DWI.
• You caused a non-fatal injury in an accident while operating a motor vehicle while intoxicated. If any party was seriously injured or permanently disfigured, the state will charge this as Intoxication Assault, a third-degree felony in Texas.
• You caused a death in an accident caused by your drunk driving. The state will charge this offense as Intoxication Manslaughter, a second-degree felony in Texas.
• You had a child in your car or boat while driving under the influence. If the child was younger than 15, the state will charge this as a Driving While Intoxicated With Child Passenger or Boating While Intoxicated with Child Passenger, both state jail felonies.

If you need a Collin County DWI attorney for felony prosecutions, please contact us today.

About Saputo Toufexis | Criminal Defense

If you want to hire us as your Collin County DWI lawyers, then you should probably get to know us!

The Saputo Toufexis | Criminal Defense Lawyers

Paul Saputo and Nicholas Toufexis are partners at Saputo Toufexis | Criminal Defense PLLC and lead the entire trial team at the firm.

Mr. Saputo has practiced throughout Texas in more than fifty Texas state and federal courts and developed groundbreaking innovations in defense strategies and tactics. After graduating from the elite Duke University School of Law, a nationally recognized top-ten law school, Mr. Saputo started his career at Vinson & Elkins. More about Paul Saputo…

Mr. Toufexis is a veteran of the United States Navy and a graduate of SMU Dedman School of Law. He has dedicated his entire legal career to criminal defense, and has been with the firm since law school. Recently named a partner, Nick has achieved exceptional results in and out of court for years. More about Nick…

Awards

Numerous organizations have awarded Mr. Saputo recognition for his outstanding criminal defense work, for example:

• Martindale-Hubbell® AV Preeminent™ Rating
• Recognized by Super Lawyers®
• Consistently recognized by D Magazine in “Best Lawyers” for Criminal Defense
• Recognized by Best Lawyers: Ones to Watch® in America for 2024 under the Criminal Defense: White Collar practice area.

Paul Saputo was voted one of the Three Best Rated Criminal Defense Lawyers in Dallas

More Awards & Recognition…

Nicholas Toufexis has likewise received many distinctions as well.

• Recognized by Super Lawyers®
• Recognized by Best Lawyers: Ones to Watch® in America for 2024 under the Criminal Defense: DWI/DUI practice area.

Victories

The Collin County DWI attorneys at Saputo Toufexis | Criminal Defense PLLC have obtained hundreds of victories in complex criminal litigation across Texas. Our victories include Not Guilty verdicts by jury acquittals, directed verdicts of Not Guilty, as well as both conditional and unconditional dismissals.

For descriptions and some details about example victories, visit our page on Notable Victories.

Reviews

One example review from a real client:

Had a DWI case, called the office and was setup with Nick Toufexis. I can say this was the best decision made. From beginning to the end everything was detailed and smooth. I felt from the start that Nick had my best interests at heart. I loved the option of payment plans. Compared to other prices quoted from other lawyers Saputo Toufexis was the most reasonable hands down! At the end of it all Nick got my case dismissed and I’ll forever be grateful for the work he put in! So if you’re looking for a great defense attorney look no more Nick is your guy and worth every dollar!

– Real client review posted on the Saputo Toufexis | Criminal Defense PLLC Google Profile.

See more client reviews and testimonials here.

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Legal References:

^1. Texas Penal Code §49.04.