A DWI charge in Denton County can cost you your license, your job, and up to six months in jail for a first offense. The Denton County District Attorney’s office has a dedicated DWI Unit that prosecutes these cases aggressively. You need a lawyer who knows how to fight back.
Ashley Feldt, one of our most experienced Denton County DWI lawyers, defends people charged with driving while intoxicated in Denton, Lewisville, Flower Mound, The Colony, Highland Village, and throughout Denton County. As a former prosecutor in Denton and Dallas Counties, she understands exactly how the State builds its cases, what evidence they rely on, and where the weaknesses often hide.
This article explains the law, the punishment, how DWI cases move through Denton County courts, and answers common questions. If you’ve been arrested for DWI in Denton County, time is critical. Contact our office today for a free consultation and let us start building your defense immediately.
Why Are Denton County DWI Cases Different?
Denton County has become one of the toughest jurisdictions in North Texas for DWI prosecution. The Denton County District Attorney’s office operates a specialized DWI Unit that handles these cases from start to finish. These prosecutors don’t handle DWIs occasionally. They handle them every single day.
The county uses a standardized blood draw protocol at local hospitals and works closely with police departments in Denton, Lewisville, Flower Mound, and surrounding cities. During holidays and major events, Denton County runs a “No Refusal” program. If you refuse a breath or blood test during these periods, officers will seek a warrant from an on-call judge. Within hours, they can legally take your blood by force.
A skilled Denton County DWI lawyer like Ashley Feldt can challenge both the warrant process and the blood test results. Her experience as a former prosecutor gives her insight into how these cases are built and where they can be dismantled.
What Is the Legal Definition of DWI in Texas?
Under Texas Penal Code § 49.04, you can be charged with DWI if you operate a motor vehicle in a public place while intoxicated. Texas defines intoxication two ways: having a blood alcohol concentration (BAC) of 0.08 or higher, or not having the normal use of your mental or physical faculties due to alcohol or drugs.
That second definition matters because you can be convicted of DWI even if your BAC is below 0.08. Prosecutors just need to prove you lost normal use of your mental or physical abilities. This is why field sobriety tests and officer observations become critical evidence.
Texas law also recognizes enhanced DWI offenses. If your BAC was 0.15 or higher, you face Class A misdemeanor charges with increased penalties. If you had a child passenger under 15 in the vehicle, you face felony charges under Texas Penal Code § 49.045. A second DWI is automatically a Class A misdemeanor, and a third DWI becomes a third-degree felony.
What Are the Penalties for DWI in Denton County?
Criminal penalties for DWI in Texas depend on your prior record and the circumstances of your case. Denton County judges and prosecutors take these offenses seriously.
First Offense DWI (Class B Misdemeanor)
A first-time DWI under Texas Penal Code § 49.04 (without aggravating factors) carries 72 hours to 180 days in jail, fines up to $2,000, and license suspension up to one year. The court typically requires DWI education classes and may mandate an ignition interlock device on your vehicle.
First Offense with BAC 0.15 or Higher (Class A Misdemeanor)
If your BAC was 0.15% or higher, the charge becomes a Class A misdemeanor. Punishment increases to 30 days to one year in jail and fines up to $4,000. An ignition interlock device is mandatory. Probation without jail time becomes far less likely.
Second Offense DWI (Class A Misdemeanor)
A second conviction carries 30 days to one year in jail, fines up to $4,000, and license suspension up to two years. Denton County prosecutors often push for jail time rather than probation on second offenses.
Third Offense DWI (Third-Degree Felony)
A third DWI becomes a third-degree felony under Texas Penal Code § 49.09. The sentencing range is 2 to 10 years in prison, fines up to $10,000, and license suspension up to two years. A felony conviction also means loss of the right to vote or possess firearms.
DWI with a Child Passenger (State Jail Felony)
Under Texas Penal Code § 49.045, DWI with a passenger under age 15 becomes a state jail felony, even on a first offense. The punishment is 180 days to two years in state jail and fines up to $10,000.
Beyond criminal penalties, a DWI arrest triggers administrative license suspension through the Texas Department of Public Safety. Insurance rates skyrocket, and employers may terminate you. The total cost of a DWI conviction in Denton County typically exceeds $20,000 when you factor in legal fees, court costs, license reinstatement fees, insurance increases, and lost wages.
Talk to a lawyer before you speak to police. Call 940-252-2220 for a free consultation with a Denton County DWI attorney.
How Does the DWI Court Process Work in Denton County?
Denton County processes DWI cases through multiple courts. Misdemeanors go to a county court at law. Felonies go to a district court. Each court has different procedures, different prosecutors, and different expectations.
Arrest and Booking: After your DWI arrest, you’ll be transported to the Denton County Jail for fingerprinting, photographing, and processing. Officers will read the DIC-24 statutory warning, explaining your right to refuse chemical testing and the consequences of refusal. If you refuse, your license is automatically suspended for 180 days under Texas implied consent law. After posting bond, you have only 15 days to request an Administrative License Revocation (ALR) hearing. Miss this deadline and your license suspension becomes automatic.
Arraignment: A judge reads the charges, sets bond, and appoints counsel if needed. Don’t present your version of events here. It’s a procedural step that formally begins the criminal case.
Discovery and Investigation: Your lawyer requests all evidence from prosecution, including the police report, dash cam video, body cam footage, test results, and equipment calibration records. In Denton County, this often takes several weeks due to high case volume.
Pretrial Hearings: Your lawyer may file motions to suppress evidence if police violated your rights during the stop, arrest, or testing. Denton County judges scrutinize these motions carefully. If the stop was illegal or tests were administered improperly, critical evidence can be excluded.
Negotiation: Most DWI cases resolve through plea negotiations. Your lawyer discusses potential resolutions with the prosecutor, including reduced charges, probation instead of jail, or dismissal if evidence is weak. Denton County prosecutors negotiate when they face evidentiary problems.
Trial: If no acceptable resolution exists, your case goes to trial. Misdemeanor defendants can choose a jury or bench trial. Felony cases require a jury. Denton County juries can be conservative, but they demand prosecutors prove their case beyond a reasonable doubt.
What Are Common Defenses in Denton County DWI Cases?
An experienced Denton County DWI lawyer knows how to challenge every element of the prosecution’s case. Ashley Feldt prosecuted cases in Denton County before becoming a defense attorney, giving her unique insight into how the other side thinks and where cases fall apart.
Illegal Traffic Stop: Police need reasonable suspicion to stop your vehicle. If the officer can’t articulate a valid reason (weaving, speeding, equipment violation), your lawyer can file a motion to suppress all evidence obtained after the illegal stop. Without evidence, the case collapses.
Field Sobriety Test Challenges: The Standardized Field Sobriety Tests (horizontal gaze nystagmus, walk-and-turn, one-leg stand) must follow National Highway Traffic Safety Administration (NHTSA) protocols exactly. Poor lighting, uneven pavement, your physical condition, or improper instructions can invalidate the results.
Breath Test Defects: Breath testing machines require regular calibration and maintenance. The officer must observe you for 15 minutes before testing to ensure you don’t burp, vomit, or put anything in your mouth. Denton County uses Intoxilyzer machines, and your lawyer can obtain maintenance records to challenge reliability.
Blood Test Issues: Blood draws must follow Texas Transportation Code § 724.017 and specific health protocols. The blood must be drawn by qualified personnel using proper techniques and stored correctly to prevent fermentation or contamination. Chain-of-custody problems are common when samples move between hospitals, police evidence rooms, and testing labs.
Rising Blood Alcohol: Your BAC continues rising for 30 to 90 minutes after your last drink. If tested an hour after driving, your BAC might be higher than when you were actually behind the wheel. This “rising BAC defense” can create reasonable doubt about whether you were over the legal limit while driving.
Medical Conditions: Certain conditions mimic intoxication or affect test results. Diabetes, acid reflux, and neurological conditions can cause nystagmus or affect balance during field sobriety tests. Medical evidence can explain symptoms that aren’t caused by alcohol.
Our Track Record in Denton County DWI Cases
Varghese Summersett has achieved real results for clients facing DWI charges in Denton County. Our defense strategies produce outcomes that make a difference in people’s lives.
In one recent case, a client was charged with DWI with a BAC over 0.15, a Class A misdemeanor carrying enhanced penalties. Our attorneys identified weaknesses in the State’s case and negotiated aggressively with Denton County prosecutors. The result: the charge was reduced to a standard DWI, saving our client from the mandatory ignition interlock device and more severe consequences that come with the enhanced charge. (Case No. 2024-07146-E)
Past results do not guarantee future outcomes. Each case is unique and depends on its specific facts and circumstances.
Protect your rights and your record. Call 940-252-2220 to schedule a free consultation.
Why Should You Hire a Denton County DWI Lawyer?
Texas DWI law is complex, and Denton County prosecutors have significant resources. Trying to handle your case alone puts you at a severe disadvantage.
A Denton County DWI lawyer knows the local judges, prosecutors, and court procedures. This matters when negotiating your case or deciding whether to go to trial. Your lawyer knows which prosecutors are reasonable and which judges are likely to grant motions to suppress.
Your lawyer also protects your constitutional rights. Police make mistakes during DWI investigations. They stop vehicles without reasonable suspicion, conduct searches without probable cause, and fail to follow proper testing procedures. Most people don’t recognize these violations on their own.
The technical aspects of DWI cases require specialized knowledge. Understanding gas chromatography, blood alcohol pharmacokinetics, and field sobriety test limitations takes training and experience. Your lawyer can cross-examine the state’s experts and present defense experts to challenge evidence reliability.
Most importantly, your lawyer can often negotiate outcomes unavailable to self-represented defendants. Prosecutors are more willing to consider reduced charges or alternative sentencing when dealing with an attorney who can effectively challenge their case.
Watch: Understanding ALR Hearings in Texas DWI Cases
What Should You Do After a DWI Arrest in Denton County?
The hours and days after your arrest are critical. Your actions during this time can significantly impact your case.
Have Your Attorney Request an ALR Hearing: You have exactly 15 days from your arrest to request an Administrative License Revocation hearing. Miss this deadline and your license suspension becomes automatic. The ALR hearing also gives your lawyer an early opportunity to question the arresting officer under oath.
Don’t Discuss Your Case: Don’t talk about your arrest with friends, family, or anyone except your lawyer. Stay off social media. Prosecutors routinely subpoena posts and text messages in DWI cases.
Document Everything: Write down everything you remember about the stop, field sobriety tests, and interactions with police. Note what you ate and drank, when you had your last drink, and any medications you were taking.
Preserve Evidence: Keep receipts from the bar or restaurant. Get contact information for witnesses who can testify about your condition. This evidence becomes harder to obtain as time passes.
Get a Medical Evaluation: If you have any medical conditions that might have affected officer observations or test results, see your doctor and document everything. Medical evidence can be valuable in your defense.
Frequently Asked Questions About Denton County DWI Cases
Should I refuse the breath or blood test?
Refusing a breath or blood test triggers an automatic 180-day license suspension under Texas Transportation Code § 724.035, but it prevents the state from having scientific evidence of your BAC. If you believe you’re over the legal limit, refusal may be the better option, but you can still face DWI charges based on officer observations and field sobriety tests.
Can I get a DWI dismissed in Denton County?
Yes. DWI cases can be dismissed when prosecutors face evidentiary problems. Common reasons include illegal stops, improper testing procedures, broken chain of custody for blood evidence, and lack of probable cause for arrest. Your lawyer evaluates whether grounds for dismissal exist in your specific case.
How long does a DWI case take in Denton County?
Most misdemeanor DWI cases resolve within six to twelve months. Felony cases typically take 12 to 18 months. Complex cases involving blood testing or expert witnesses can extend beyond these timeframes. Your lawyer can sometimes expedite your case if waiting creates hardship.
Will I go to jail for a first-time DWI?
Not necessarily. Many first-time offenders receive probation instead of jail, especially when their BAC was close to the legal limit and no accident occurred. However, Denton County judges expect compliance with DWI education, ignition interlock requirements, and probation conditions.
Can I get a DWI reduced to a lesser charge?
In some cases, prosecutors will reduce a DWI to obstruction of a highway or reckless driving when they face evidentiary weaknesses. These reductions are more common when your BAC was close to 0.08, test results are questionable, or your lawyer identifies serious problems with the state’s case.
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Get Help from an Experienced Denton County DWI Attorney
A DWI arrest in Denton County threatens your freedom, your license, and your future. The prosecutors and judges in Denton County courts handle these cases every day. You need an experienced defense lawyer who knows how to challenge their evidence and protect your rights.
Varghese Summersett has defended hundreds of DWI cases across Denton County and North Texas. Our team of more than 70 legal professionals includes former prosecutors who understand how the state builds DWI cases and where to find weaknesses. We’ve achieved 1,600+ dismissals, 800+ charge reductions, and countless trial victories for our clients.
We offer free consultations to discuss your case and explain your options. Time matters because of the 15-day deadline for requesting an ALR hearing. Don’t wait to protect your rights.
Call 940-252-2220 for a free consultation with a Denton County DWI lawyer. From our office in Southlake, we represent clients in Denton, Lewisville, Flower Mound, The Colony, Highland Village, and throughout Denton County.
