You had dinner with friends on the historic downtown square, maybe two drinks over three hours. Heading home, you turn onto Virginia Parkway toward US-75, and a McKinney Police Department patrol car pulls in behind you. A few blocks later the lights come on.
The officer says you rolled through a stop or touched the lane line. Then come the questions about where you’ve been and how much you’ve had, followed by a request to step out of the car. You’re asked to follow a pen with your eyes, walk heel-to-toe, and stand on one leg on the side of a busy road at night. You think you did fine. The officer disagrees.
Within the hour you’re in handcuffs and being asked for a breath or blood sample. By morning you have a bond, a stack of paperwork, and a temporary driving permit that is already counting down.
The officer who arrested you followed a training manual. Al Rowland was trained on that same manual. Before he became a defense lawyer, Al served as a police officer and is certified to administer Standardized Field Sobriety Tests. He knows how these tests are supposed to be given and scored, and where real-world arrests fall short.
A McKinney DWI arrest starts two separate cases at once.
The license case doesn’t wait for the criminal case, and winning one doesn’t automatically win the other. A good defense uses each to help the other: the ALR hearing is often the first chance to question the arresting officer under oath.
Texas law defines intoxication two ways: losing the normal use of your mental or physical faculties, or an alcohol concentration of 0.08 or more (Penal Code § 49.01). Prosecutors often argue both, so a result under 0.08 doesn’t end the case.
| Charge | Grade | Jail or prison | Fine up to |
|---|---|---|---|
| First DWI (§ 49.04) | Class B misdemeanor | 72 hours to 180 days | $2,000 |
| First DWI with an open container | Class B misdemeanor | 6 days to 180 days | $2,000 |
| First DWI with alcohol concentration of 0.15 or more | Class A misdemeanor | Up to 1 year | $4,000 |
| Second DWI (§ 49.09) | Class A misdemeanor | 30 days to 1 year | $4,000 |
| Third DWI | Third-degree felony | 2 to 10 years | $10,000 |
| DWI with a passenger under 15 (§ 49.045) | State jail felony | 180 days to 2 years | $10,000 |
| Intoxication assault (§ 49.07) | Third-degree felony | 2 to 10 years | $10,000 |
| Intoxication manslaughter (§ 49.08) | Second-degree felony | 2 to 20 years | $10,000 |
On top of the sentence, a conviction brings a state traffic fine of $3,000, or $4,500 for a second conviction within 36 months, or $6,000 when the alcohol concentration was 0.15 or more.
Deferred adjudication is possible on a first DWI. Since 2019, a judge can grant deferred adjudication for many first-time DWI charges, which can avoid a final conviction. It is not available when the alcohol concentration was 0.15 or more or when the driver held a commercial license.
Collin County prosecutors are known for taking DWI cases seriously. Reductions and dismissals usually come from detailed work on the evidence, not from asking at the first court date.
Under Texas’s implied consent law, refusing a breath or blood test brings a 180-day suspension on a first arrest. Failing a test brings a 90-day suspension. Both grow to as long as two years with a prior alcohol-related contact within ten years. These suspensions happen whether or not you’re ever convicted.
The ALR hearing. It takes place before an administrative law judge, not the criminal court. Your lawyer can challenge whether the officer had reasonable suspicion to stop you and probable cause to arrest you. If the State can’t prove those, the suspension doesn’t happen.
If a suspension does take effect, you may qualify for an occupational driver’s license that lets you drive for work, school, and essential household needs, often with an ignition interlock. That can keep you commuting on US-75 and SH-121 while the case is pending.
Al Rowland has stood on both sides of a DWI stop. As a former police officer certified to administer Standardized Field Sobriety Tests, he checks a McKinney arrest against the way officers are trained to do it.
Fifteen days from the date you received the suspension notice to request an ALR hearing. After that, the suspension begins automatically on the 40th day.
It can, depending on the evidence. Problems with the stop, the field sobriety tests, or the breath or blood testing can lead to a dismissal, a reduction to a lesser charge, or an acquittal at trial. Deferred adjudication is also available for many first offenses.
Refusing brings a longer license suspension and often leads to a blood warrant anyway. If you already refused, the question is whether the implied consent warning was read correctly and whether the video shows a clear refusal.
DWI bond conditions may require an ignition interlock, and an occupational license may require one too. Your lawyer can ask the court to modify conditions that make work impossible.
Usually, yes. Arrests anywhere in Collin County are prosecuted at the courthouse in McKinney. Parts of Frisco and other cities sit in Denton County, where the case would be filed instead.
Your license deadline started the day you were arrested. Al Rowland, a former police officer certified in field sobriety testing and a former Colorado prosecutor, has defended clients in Collin County courts since 2015 and is a member of the DUI Defense Lawyers Association and the National College for DUI Defense.
Call (469) 895-6555 or request a free, confidential DWI case review. We’ll request your ALR hearing and start gathering the video before it’s gone. Law Office of Al Rowland, PLLC, 6160 Warren Pkwy, Suite 100, Frisco, TX 75034, about 20 minutes from the McKinney courthouse.
This page provides general information, not legal advice. Every case depends on its own facts.
