• Recognition

    For Skill & Commitment

    I have been given the honor of inclusion on the list of Texas' Super Lawyers® as a Rising Star

    About Troy P. Burleson [+]
  • Guidance

    From a Knowledgeable Attorney

    The smallest mistake could dramatically and adversely affect the direction of your case.

    Top 10 DWI Mistakes [+]
  • Real Results

    That Changed Lives

    I have consistently won over 70% of the cases I represent. Read about my victories!

    Case Results [+]
  • Contact Us

    Request a Consultation

    You only have 15 days to save your license! Contact us today for a free case evaluation.

    Start Your Defense [+]

DWI Lawyer in Collin County

Frequently Asked DWI Questions

The time immediately following an arrest for driving while intoxicated may full of questions as you determine what your next step should be. At The Law Office of Troy P. Burleson it is my upmost desire as your DWI lawyer to provide you with answers to some of your biggest concerns. While you may hear conflicting ideas on whether or not to give a statement to the police, perform field sobriety tests or obtain an attorney, allow me to clear the air and give you my honest advice.

Providing my clients with valuable resources to calm their worries and enabling them to move forward with their case, I have successfully helped 250 clients achieve "not guilty" verdicts since 2007. I am prepared to do all that I can on your behalf and am available to talk with you regarding any other questions you may have.

Common Inquiries

What qualifies as intoxication in Texas?
According to the state laws in Texas, there are three factors that could prove intoxication. Typically in a DWI case, the prosecutor must only prove that one of the elements was present at the time of the arrest, not prove all three. They include the following items:

  • Having a blood alcohol content (BAC) level at .08 percent or higher
  • Inability to perform with normal mental capacity related to dangerous drugs, controlled substances, alcohol, or any combination of illegal constituents
  • Physically incapable of performing basic functions related to controlled substances, alcohol, drugs, or any combination of other substances

It is always a beneficial idea to have a Collin County DWI attorney look over the results of your breath and blood tests or field sobriety test before preparing a defense. I may be able to find other reasons and causation to prove to the prosecutor that you were not intoxicated at the time you were pulled over.

Am I legally bound to give a statement after an arrest?
It is never a good idea to give out any information to any law officers, doctors, witnesses or other individuals until you have first acquired the help of a knowledgeable attorney. You are not legally required to give any form of statement, according to your Constitutional rights, and if you do it may actually lead to incriminating evidence. Any information you give after an arrest can and will be held against you, which can greatly hurt your case if you are not careful. It is best to remain silent unless your lawyer urges you to give certain pertinent information.

By law, am I required to take a breath or blood test?
While these tests have room for much inaccuracy, it is important that you comply with law enforcement officers and take whichever tests they require. If you refuse to take either type of test, it could mean immediate suspension of your driver's license for 90 days to 2 years. Abide by Texas' laws when it comes to breath and blood tests as it will show more of a willingness to follow state enforced practices. Once you have a lawyer, he or she can investigate into your case and determine how the test results were achieved, if there was cause for error or if the law officer did not properly administer the test. All of this evidence can be used to prove your innocence and may be greatly beneficial to protecting your freedom.

Why do I need to attend the ALR hearing?
Immediately following your arrest, your driver's license will be taken from you and you will be given a temporary permit. It is then up to you as the driver to request an ALR hearing to combat license suspension. Should you choose not to have a hearing, your license will be automatically suspended on the 40 th day after your initial arrest. If you have been charged with a DWI, it is essential that you petition for a hearing as it is the initial step that can help you fight all of your charges and assist you in retaining your freedoms.

What should I do if I have been drinking and get pulled over?
First of all, remember that just because you have been stopped by a law officer, does NOT mean that you have broken the law. It is best to handle all conversation and actions with a level of calm, so as to assure the officer that you are of sound mind. Do not assume that they pulled you over on suspicion of drunk driving; allow him or her to reveal to you the reason why they stopped you. Have your driver's license and insurance information ready for them as well so that when they first come up to your window, you look prepared and coherent.

If they ask if you have been drinking, they are probably just patrolling and looking for those that may potentially be intoxicated. It does not mean that they are accusing you of a DWI. At this point, they may ask you take a field sobriety test and ask how many drinks you had, if you answered yes to having consumed alcohol prior to driving.

Do I have to submit to taking a field sobriety test?
Under Texas State law, you are not required to perform a field sobriety test, no matter what any law officer may try to say to you to persuade you otherwise. There are three basic tests that they usually ask individuals to take part in, measuring their level of balance, coordination, ability to see and comprehension rate. Unfortunately, these tests are not always accurate and can often be difficult for people with certain health issues or even just those that are uncoordinated. Other outside factors that could affect the test results include extreme weather, uneven road conditions, weight, age, and the level of nervousness of the individual being tested.

Typically, how many drinks does it take to reach a BAC level of .08 percent?
There is no definite answer to this question as each person's body reacts differently to alcohol. Depending on whether you are a woman or a man, small or larger in build, drinking beer versus hard liquor can make a drastic difference in your overall BAC level. On average, if a 150 pound man were to drink 4 beers within an hour's time, his blood alcohol level would presumably be at .08 percent. This would also be true of drinking four glasses with 4 ounces of wine or with 1 ounce of 80 proof whiskeys in each. It is always wise to moderate your drinking if you plan on driving yourself or have a designated ride home to avoid taking to the road in an intoxicated state.

Will I have to go to jail?
If this is your first DWI offense and arrest, there is a very slim chance that you will have to serve time in jail. You typically will just have to comply with a period of probation and a license suspension. With a knowledgeable and experienced DWI lawyer at your side, you can feel more secure that your rights will be protected and you can work together towards achieving the best case results possible.

Are there any special conditions in Texas related to DWI convictions?
For every state, there are certain other special conditions that must be met by the individual convicted, aside from other straight forward penalties. In Texas, they include the following:

  1. Must complete a "DWI Education Program" that is approved by the state. This is a course focused on defensive driving and goes more in depth on the severity of drinking and driving. Offered on the weekends, this course takes place over three days.
  2. Must go to a "Victim Impact Panel" put on by Mothers Against Drunk Driving (MADD)
  3. Must take a written exam to determine whether or not you have a tendency towards alcohol or drug abuse. If so, you will be required to attend counseling or participate in some other support program such as Alcoholics Anonymous (AA).

Do I have to install an ignition interlock device (IID) into my vehicle if convicted?
This greatly depends on the circumstances of your DWI. If you are being accused of your very first offense for drunk driving and you have no previous record of arrest, you will not be required to install an IID in your car. The only exception to this rule is if your blood alcohol content (BAC) level was at .15 percent or higher when arrested. Additionally, if you have been previously arrested or convicted for driving while intoxicated, you will have to have the device installed as well, unless your lawyer can work to diminish your penalties.

Why do I need an attorney?
Stepping into any legal situation without the help of a qualified lawyer can prove to be daunting. When you choose to have someone with you throughout every step of the process, you can feel more confident that the actions you are taking are correct for your particular case. An attorney that is knowledgeable on Texas laws can inform you of your rights, prepare a solid defense that is conducive to your situation and keep you in the loop on what the judge may be looking for to obtain diminished charges.

Help from a Dedicated Former Prosecutor

I know well how the court system works as I have spent time as a prosecutor for the Collin County District Attorney's Office. This has given me the upper hand in understanding how to combat other prosecutor's tactics in dealing with my current clients. With my aggressive attitude I have successfully taken over 400 cases to trial, with 250 cases resulting in "not guilty" verdicts .

Studied and certified in Standardized Field Sobriety Testing, I am knowledgeable in how law enforcement administers their DWI testing out in the field. This has enabled me to have an advantage in finding critical evidence for my clients that can help to clear their accusations.

Included in the list of Texas Super Lawyers ® as a Rising Star SM in DWI Defense from 2010-2011, I have earned respect in my community as a viable legal force that is prepared to do anything and everything on behalf of my clients. Offering a free case evaluation , do not hesitate to get the assistance you need and contact my firm immediately!

  • Recognition

    For Skill & Commitment

    I have been given the honor of inclusion on the list of Texas' Super Lawyers® as a Rising Star

    About Troy P. Burleson [+]
  • Guidance

    From a Knowledgeable Attorney

    The smallest mistake could dramatically and adversely affect the direction of your case.

    Top 10 DWI Mistakes [+]
  • Real Results

    That Changed Lives

    I have consistently won over 70% of the cases I represent. Read about my victories!

    Case Results [+]
  • Contact Us

    Request a Consultation

    You only have 15 days to save your license! Contact us today for a free case evaluation.

    Start Your Defense [+]