If you’re facing a DWI charge in Denton County, you’re dealing with prosecutors who handle thousands of these cases annually. The stakes are high: a first-offense DWI can cost you your license, your job, and up to six months in jail.
Ashley Feldt, one of our most experienced Denton County DWI lawyers, aggressively defends people charged with driving while intoxicated in Denton County, Texas, including in Denton, Lewisville, Flower Mound, The Colony, Highland Village, and other surrounding cities. 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 are — giving her a strategic advantage when fighting for the best possible outcome for her clients.
In this article, we explain the law, the punishment, how DWI cases are handled in Denton County, and answer some frequently asked questions. If you’ve been arrested for DWI in Denton County, you don’t have time to wait. Contact our office today for a free, confidential consultation, and let Varghese Summersett begin building your defense immediately.
Why Denton County DWI Cases Are Different
Denton County has become increasingly aggressive in prosecuting DWI cases. The Denton County District Attorney’s office has a dedicated DWI Unit that handles these cases from start to finish. They work closely with local police departments in Denton, Lewisville, Flower Mound, and other cities to build their cases.
The county uses a standardized blood draw protocol at local hospitals and employs specialized DWI prosecutors who focus exclusively on intoxicated driving cases. This means you’re not facing a generalist prosecutor who handles DWIs occasionally. You’re facing someone who prosecutes drunk driving cases every single day.
Denton County also has a “No Refusal” program that operates during high-traffic periods, such as holidays and major events. During these periods, if you refuse a breath or blood test, officers will seek a warrant from an on-call judge. Within hours, they’ll have legal authority to 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.
Understanding Texas DWI Law
Under Texas Penal Code § 49.04, you can be charged with DWI if you operate a motor vehicle in a public place while intoxicated. The law defines intoxication in two ways: having a blood alcohol concentration 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. You can be convicted of DWI in Texas even if your BAC is below 0.08 if the prosecutor can prove you lost normal use of your faculties. This is why field sobriety tests and officer observations become critical evidence in your case.
Texas law also recognizes several enhanced DWI offenses. If your BAC was 0.15 or higher, you can be charged with Class A misdemeanor DWI with enhanced penalties. If you had a child passenger under 15 years old in the vehicle, you face felony charges under Texas Penal Code § 49.045.
It’s also important to understand that a second DWI is automatically a Class A misdemeanor, and a third DWI becomes a third-degree felony. We explain DWI penalties further below.
Penalties for DWI in Denton County
The criminal penalties for DWI in Texas depend on your prior record and the specific circumstances of your case. Here’s an overview of the punishment for DWI offenses in Denton County:
First Offense DWI (Class B Misdemeanor)
For a first offense under Texas Penal Code § 49.04— absent aggravating factors — you face a jail sentence of 72 hours to 180 days, fines of up to $2,000, and a license suspension of up to one year.
The court will typically require enrollment in a DWI education program and may mandate installation of an ignition interlock device on your vehicle. In addition, continuation of driving privileges often requires payment of state surcharges for several years.
First Offense with BAC ≥ 0.15 (Class A Misdemeanor)
If your blood alcohol concentration (BAC) was 0.15 % or higher at the time of testing, the offense is elevated to a Class A misdemeanor. Punishment increases to 30 days to one year in jail, and fines may reach up to $4,000. An ignition interlock device is required, and probation without jail time is far less likely.
Second Offense DWI (Class A Misdemeanor)
A second conviction is typically classified as a Class A misdemeanor. The allowable range of incarceration is 30 days to one year, fines up to $4,000, and a license suspension of up to two years. Local prosecutors in Denton County often press for a jail sentence rather than probation.
Third Offense DWI (Third-Degree Felony)
Upon conviction of a third DWI (with two prior qualifying convictions), the charge escalates to 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 a driving license suspension of up to two years. A felony conviction also carries collateral consequences — such as loss of the right to vote or possess firearms.
DWI with a Child Passenger (State Jail Felony)
Under Texas Penal Code § 49.045, if a driver commits a DWI while transporting a passenger under age 15, the offense becomes a state jail felony — even on a first conviction. The punishment range is 180 days to two years in state jail and fines of up to $10,000. Additional administrative, civil, or child-welfare consequences may apply.
It’s important to note that these are just the criminal penalties. People charged with DWI also face administrative license suspension through the Texas Department of Public Safety, increased insurance rates, and potential loss of employment. 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.
The Denton County DWI Court Process
Denton County processes DWI cases through multiple courts, depending on whether you’re facing a misdemeanor or felony charge. Your case could land in a county court at law if charged with a misdemeanor, or a district court if you’re facing a felony.
Each court has different procedures, different prosecutors, and different expectations. A Denton County DWI lawyer who regularly practices in these courts knows the local system and how to build your defense. Here’s an overview of how your case will move through the justice system.
Arrest and Booking: After your arrest for DWI in Denton County, you will be transported to the Denton County Jail to undergo the booking process, which includes fingerprinting, photographing, and collecting your personal information. During this stage, a law enforcement officer will provide you with the DIC-24 statutory warning, which explains your right to refuse chemical testing for alcohol or drugs and outlines the legal consequences of refusal or failure. If you refuse the chemical test, your driver’s license will be automatically suspended for 180 days under Texas’ implied consent law. After booking, if you post bond and are released, you have just 15 days from the date of arrest to request an Administrative License Revocation (ALR) hearing, which is your only opportunity to contest the suspension of your driver’s license. Failure to timely request this hearing will result in the automatic suspension of your license, even before your criminal case proceeds to court.
Arraignment: Following booking, you will be given a court date for arraignment, where a judge will read the charges against you, set your bond, and appoint legal counsel if necessary. The arraignment is not the appropriate time to present your version of events. It is a procedural step that officially starts the criminal proceedings against you for driving while intoxicated.
Discovery and Investigation: Once you obtain a Denton County DWI lawyer, he or she will request all evidence from the prosecution, including the police report, dash cam video, body cam footage, breath test results or blood test results, and calibration records for testing equipment. In Denton County cases, this can take several weeks because the DA’s office handles high volumes of DWI cases.
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 the tests were administered improperly, critical evidence can be excluded.
Negotiation: Most DWI cases in Denton County resolve through plea negotiations. Your lawyer discusses potential resolutions with the prosecutor, which might include reduced charges, probation instead of jail time, or dismissal if the evidence is weak. Denton County prosecutors are willing to negotiate when they have evidentiary problems.
Trial: If you can’t reach an acceptable resolution, your case goes to trial. In misdemeanor cases, you can choose a jury trial or a bench trial before the judge. Felony cases require a jury trial. Denton County juries can be conservative, but they also demand that prosecutors prove their case beyond a reasonable doubt.
Common Defenses in Denton County DWI Cases
An experienced Denton County DWI lawyer knows how to challenge every element of the prosecution’s case. These defenses often make the difference between conviction and dismissal. Denton County DWI Lawyer Ashley Feldt was a former prosecutor in Denton County, so she knows how the other side thinks. This gives her unique insight into how cases are built, where weaknesses are likely to appear, and which strategies are most effective in securing a reduction, dismissal, or not-guilty verdict.
Illegal Traffic Stop: Police need reasonable suspicion to stop your vehicle. If the officer couldn’t articulate a valid reason for the stop (weaving, speeding, equipment violation), your lawyer can file a motion to suppress all evidence obtained after the illegal stop. Without the evidence, the case falls apart.
Field Sobriety Test Challenges: The Standardized Field Sobriety Tests (horizontal gaze nystagmus, walk-and-turn, one-leg stand) must be administered in accordance with the National Highway Traffic Safety Administration (NHTSA) protocols. Officers make mistakes. Poor lighting, uneven pavement, your physical condition, or improper instructions can invalidate the results. Your Denton County DWI lawyer can demonstrate these problems through cross-examination and expert testimony.
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 that could affect results. Denton County uses Intoxilyzer machines, and your lawyer can obtain maintenance records and challenge the reliability of your specific test.
Blood Test Issues: Blood draws must follow Texas Transportation Code § 724.017 and specific health and safety 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 in Denton County cases when blood samples move between the hospital, the police evidence room, and the testing lab.
Rising Blood Alcohol: Your BAC continues to rise for 30 to 90 minutes after your last drink. If you were tested an hour after you stopped driving, your BAC at the time of testing might be higher than when you were actually driving. This defense, called the “rising BAC defense,” can create reasonable doubt about whether you were over the legal limit while operating your vehicle.
Medical Conditions: Certain medical conditions can mimic intoxication or affect test results. Diabetes, acid reflux, and neurological conditions can cause nystagmus or affect your balance during field sobriety tests. Your Denton County DWI lawyer can present medical evidence to explain your symptoms.
Why You Need a Denton County DWI Lawyer
Texas DWI law is complex, and Denton County prosecutors have significant resources. Trying to handle your case without experienced legal representation puts you at a severe disadvantage.
A Denton County DWI lawyer knows the local judges, prosecutors, and court procedures. This familiarity matters when negotiating your case or deciding whether to go to trial. Your lawyer knows which prosecutors are reasonable and which judges are more 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 procedures during testing. Most people don’t recognize these violations and lose the opportunity to challenge illegal evidence.
The technical aspects of DWI cases require specialized knowledge. Understanding gas chromatography, blood alcohol pharmacokinetics, and the limitations of field sobriety tests takes training and experience. Your Denton County DWI lawyer can cross-examine the state’s experts and present defense experts who can challenge the reliability of the state’s evidence.
Perhaps most importantly, your lawyer can often negotiate outcomes that aren’t available to people who represent themselves. Prosecutors are more willing to consider reduced charges or alternative sentencing when they’re dealing with an attorney who can effectively challenge their case.
What to 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. If you miss this deadline, your license suspension becomes automatic. Call a Denton County DWI lawyer immediately to request this hearing. The ALR hearing is separate from your criminal case and 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. Don’t post on social media. Anything you say can be used against you. Prosecutors routinely subpoena social media posts and text messages in DWI cases.
Document Everything: Write down everything you remember about the stop, the field sobriety tests, and your interaction with police. Note what you ate and drank that day, including when you had your last drink. If you have any medical conditions or were taking medications, document those as well.
Preserve Evidence: If you have receipts from the bar or restaurant showing what you ordered, keep them. If you have witnesses who can testify about your condition, get their contact information. This evidence becomes harder to obtain as time passes.
Get a Medical Evaluation: If you have any medical conditions that might have affected the officer’s observations or the test results, see your doctor and document your conditions. This 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 also prevents the state from having scientific evidence of your BAC. The decision depends on your specific circumstances. If you believe you’re over the legal limit, refusal is the best option, but you still could 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 have 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 will evaluate whether grounds for dismissal exist in your 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 longer, often 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 time, especially when their BAC was close to the legal limit and no accident occurred. However, Denton County judges expect you to complete DWI education, install an ignition interlock device, and comply with probation conditions. A second DWI usually involves jail time. - 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 have evidentiary weaknesses. These reductions are more common when your BAC was close to 0.08, when test results are questionable, or when your lawyer identifies serious problems with the state’s case.
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 includes former prosecutors who understand how the state builds DWI cases and where to find weaknesses. We’ve successfully challenged illegal stops, suppressed unreliable test results, and negotiated favorable outcomes for clients facing first-time and repeat DWI charges.
We offer free consultations to discuss your case and explain your options. Time matters in DWI cases because of the 15-day deadline for requesting an ALR hearing. Don’t wait to protect your rights.
Call 817-203-2220 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.
