Driving While Intoxicated
October 2025
Collin County DWI Charge Dismissed After Motion to Suppress Granted
The Charge
Our client was charged in Collin County with Driving While Intoxicated (Class B Misdemeanor) following a minor, single-vehicle property-damage incident. There were no injuries, no erratic driving, and the property owner declined to pursue charges.
The Allegations
Law enforcement alleged intoxication based solely on:
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An odor of alcohol
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Glassy eyes
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An admission to consuming two beers
There were no objective signs of impairment, including no slurred speech, balance problems, or confusion.
The Defense Strategy
Texas Defenders conducted an in-depth review of the stop and arrest and identified significant constitutional and evidentiary defects. A Motion to Suppress Evidence was filed in Collin County Court at Law, challenging the legality of the detention and arrest.
Key arguments included:
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No Probable Cause for a Collin County DWI Arrest
The officer relied on vague, subjective observations that Texas courts have consistently held are insufficient to establish probable cause for a DWI arrest. -
Invalid Field Sobriety Testing
The only test attempted was repeatedly restarted, never properly completed, and failed to follow standardized procedures—rendering the results unreliable. -
BAC Below the Legal Limit
Subsequent testing showed the client's blood alcohol concentration was below 0.08, directly undermining the State's intoxication allegation. -
Unlawful Expansion of the Detention
Officers were responding to a self-reported, minor property-damage incident but improperly expanded the encounter into a DWI investigation without new, articulable facts, exceeding the lawful scope of the detention.
The Result
After a contested hearing, the Collin County judge granted the Motion to Suppress, finding the detention and arrest unconstitutional. With the evidence excluded, the State could not proceed.
The Collin County DWI charge was dismissed, and the client's bond was discharged.
Why This Case Matters
This case demonstrates that in Collin County, DWI arrests must be supported by real evidence—not assumptions or shortcuts. Alcohol consumption alone does not equal intoxication, and officers must follow constitutional procedures.
Texas Defenders aggressively litigates Collin County DWI cases and holds the State accountable when arrests violate the law.
Practice area(s): DUI / DWI
Court: Collin County Court at Law
