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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:

  • An odor of alcohol

  • Glassy eyes

  • 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:

  • 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

David Payma

David Payma

David Payma heads the firm's criminal defense practice. He is a trusted and dedicated criminal defense attorney practicing in counties all throughout Texas. He has successfully handled hundreds of criminal cases and has years of experience helping clients protect their criminal record. His commitment to defending his clients, coupled with his knowledge of the law, are part of the reason he has been able to effectively secure dismissals for clients in Dallas County, Collin County, Tarrant County, Denton County, and several other counties throughout Texas. David recognizes the difficulties associated with every case and works tirelessly to try and reach the best possible outcome for each of his clients. He understands that every case is unique and that every client is facing different circumstances. That is why David works with every client individually to try to ensure the best possible outcome on their case.

There for You, From Start to Finish

Texas Defenders is committed to answering your questions about Criminal Defense law issues in Texas.

We offer a free consultation and we will gladly discuss your case with you at your convenience. Contact us today to schedule a free consultation.

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