Nationally Acclaimed DWI Defense Firm in Collin County
DWI charges can result in life-altering penalties in criminal court, even for first-time offenders. If you were arrested for DWI in Frisco, securing aggressive representation is critical to protecting your freedom and future. At Lance Kennedy Law, we understand that even good people find themselves in tough situations. Whether you simply weren’t thinking or made an honest mistake, our DWI defense lawyers are committed to helping you get your life back by providing the tenacious defense you deserve.
With our exclusive focus on criminal law and thousands of cases handled across Collin County, you can trust our award-winning attorneys to defend your rights in and out of the courtroom. As former prosecutors, we bring invaluable knowledge and insight to every client we serve. We pride ourselves on our proven track record of results and recognition from The National Trial Lawyers® and Super Lawyers® Rising Stars, an honor held by only 2.5% of all lawyers in the state. Don’t leave your future to chance after a DWI arrest—choose our nationally acclaimed firm to protect your life and liberty.
If you’re facing DWI charges in Frisco, put a former prosecutor on your side with Lance Kennedy Law. Call (737) 324-7540 to schedule a free consultation.
What Constitutes Driving While Intoxicated (DWI)?
Driving while intoxicated (DWI) is a crime codified in Texas Penal Code § 49.04. This offense is committed when a person operates a motor vehicle in a public place while intoxicated by alcohol, drugs, or a combination of both.
State law defines “intoxicated” as the loss of normal mental or physical faculties due to alcohol and/or controlled substances. The legal blood alcohol concentration (BAC) limit is 0.08% for most drivers. However, those with a commercial driver’s license (CDL) are subject to a stricter threshold of 0.04%.
It’s important to understand that DWI charges are not solely dependent on BAC levels. A police officer can lawfully arrest you for DWI as long as there is probable cause, even without a blood or breath test. This may include slurred speech, the smell of alcohol, and other observable signs of impairment.
What Are the Penalties for a DWI Conviction?
In Texas, the penalties for DWI depend on the type and severity of the offense, any prior convictions, and any aggravating factors involved. Below is a brief overview of common DWI offenses and their associated penalties:
A first DWI offense is punishable by up to 180 days in jail, a maximum fine of $2,000, and up to one year of driver’s license suspension.
A second DWI offense is punishable by up to one year in jail, a maximum fine of $4,000, and up to two years of driver’s license suspension.
A third DWI offense is punishable by 2-10 years in prison, a maximum fine of $10,000, and up to two years of driver’s license suspension.
DWI can also result in an annual surcharge of up to $2,000 to retain your driver’s license, community service, probation, alcohol education courses, and the mandatory installation of an ignition interlock device (IID). No matter your legal circumstances, we can work tirelessly to mitigate the consequences of a conviction and advocate for reduced or alternative sentencing if necessary.
Additional DWI Penalties
In addition to fines and incarceration, a DWI conviction can also result in reputational damage, immigration and employment consequences, socioeconomic hardships (such as difficulty securing affordable housing), and educational impacts affecting enrollment or financial aid. Our attorneys understand the high stakes involved and are committed to pursuing the best possible outcome in your case.
What Constitutes Aggravated DWI Charges?
In some cases, DWI penalties may be enhanced due to aggravating factors, such as having a child passenger in the vehicle, operating a vehicle with a BAC of 0.15% or higher, committing a DWI with prior convictions, or causing serious bodily injury (intoxication assault) or death (intoxication manslaughter).
While an aggravated DWI is not always a felony, it can elevate standard charges to a higher misdemeanor class or felony offense punishable by harsher penalties, such as lengthier prison sentences and steeper fines. Having a skilled defense attorney on your side is paramount to avoiding the life-changing consequences of a DWI conviction.
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If you were arrested for DWI, working with a trusted defense lawyer is imperative to avoiding the long-term consequences of a conviction. At Lance Kennedy Law, we can evaluate your specific case to determine a strategic defense to employ on your behalf.
Some possible defenses against DWI charges include:
Challenging the validity of field sobriety tests (FSTs). Field sobriety tests are not always accurate indicators of intoxication due to their subjective nature. We challenge the accuracy of improper or inconclusive FSTs.
Questioning the accuracy of breathalyzer or blood tests. Breathalyzers and blood tests are not infallible measures of BAC and may produce false results due to various factors, including certain medical conditions like diabetes.
Proving the DWI stop or arrest was unlawful. Law enforcement must have reasonable suspicion to pull you over and probable cause to arrest you. If the DWI stop or arrest was unlawful, we can file a motion to suppress inadmissible evidence from your case.
I Was Pulled Over on the Sam Rayburn Tollway. Can I Be Arrested for a Drug DWI if I Had a Valid Prescription?
Yes. Intoxication by any substance that impairs your ability to drive constitutes DWI charges, including legal prescription drugs.If you were arrested for a drug DWI on the Sam Rayburn Tollway, the key question is not if the medication was legally prescribed, but if it impaired your ability to drive safely.
Unlike the BAC threshold for alcohol-related DWI, there is no set “limit” for prescription drugs, meaning the prosecution will likely rely heavily on officer observations and field sobriety tests. From scrutinizing police procedures to challenging inadmissible evidence, our firm has a deep understanding of state and federal drug crime laws to develop an effective defense for your case.
If you were arrested for DWI, our attorneys can work diligently to dismiss or reduce the charges. Contact us online to discuss your case. Se habla español.
If authorities arrested you or a family member in Austin, here are some key steps to consider:
Exercise your right to remain silent. Avoid discussing your case with anyone except your lawyer.
Request an attorney immediately. If you can’t afford one, ask for a court-appointed lawyer.
Contact a family member or trusted friend to inform them of your situation.
Do not resist arrest or argue with law enforcement, even if you believe the arrest is unjustified.
Remember details about your arrest, including officer names and badge numbers if possible.
Attend your arraignment, where you’ll be informed of charges and can enter a plea.
Gather relevant documents and information for your case.
Follow all court orders and attend all scheduled hearings.
Consider contacting a bail bondsman if bail is set and you need assistance posting it.
Contact Lance Kennedy Law for a free consultation about potential defense strategies and the next steps in your case.
Whether you should plead guilty or not guilty is a serious legal decision that requires careful consideration of the specific details of your case. This choice can have major consequences for your future.
The best course of action is to consult criminal defense attorney Lance Kennedy, who can review the evidence, charges, and circumstances of your case. I’ll examine your case at no cost, advise you on the potential outcomes of different pleas, and help you make an informed decision. Contact Lance Kennedy Law as soon as possible so we can get started on your case.
Three things: Contact a criminal defense lawyer in your county and then call a bail bondsman to see about getting your friend or family member released.
Tell your friend or family member not to answer any questions about the incident and to ask for a lawyer, which should stop any police questioning.
Instead of waiting out the resolution of your case in jail, bail allows you to be released if you put up a financial deposit as a promise to appear in court.
Typically, people accused of a crime hire a bail bondsman. The bondsman will pay the county the entire bail amount in exchange for you paying the bondsman 10% of the bond.
For example, a typical aggravated assault bond in Comal County is $30,000. You can pay that amount to the county to get released, and the bail bondsman will refund it to you after your case is over.
Or you can pay a bail bondsman a non-refundable fee of $3000 (10% of the bail amount) in exchange for them posting the entire amount.
Yes. I typically require half the fee to be paid up front, and clients can pay the balance over time.
We understand that facing criminal charges can be overwhelming and stressful. As dedicated federal criminal defense attorney with years of experience, I am committed to providing personalized legal counsel for your defense. My approach is tailored to meet your unique needs, ensuring that you have an ally to help get your life back.
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Get a Free Case Review
Let’s discuss your case, your goals, and what strategies are right for you.
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Resolve Your Case
I will lead you every step of the way. Together, we will fight for a dismissal.
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Get Your Life Back
Work to get the best results possible so you can get your life back.
