Felony DWI Attorney in Denton County | Varghese Summersett

A felony DWI charge in Denton County can result in years in prison, thousands of dollars in fines, and a permanent criminal record that follows you for life. Texas law elevates certain DWI offenses to felony status when specific aggravating factors are present, including a third or subsequent offense, driving while intoxicated with a child passenger, or causing serious injury while impaired.

If you or someone you love is facing a felony DWI charge in Denton County, the situation is serious but not hopeless. With the right defense strategy, it may be possible to reduce the charges, negotiate a favorable plea, or fight for an acquittal at trial. The key is acting quickly to protect your rights before prosecutors build their case against you.

What Makes a DWI a Felony in Texas?

Most first and second DWI offenses in Texas are charged as misdemeanors. However, the law treats certain DWI cases much more severely. Understanding what elevates a DWI to felony status can help you grasp the seriousness of your situation and why you need an experienced Denton County DWI lawyer fighting for you.

Under Texas Penal Code § 49.09, a DWI becomes a third degree felony when the person has two or more prior DWI convictions. This applies regardless of how long ago those prior offenses occurred. Texas has no “look-back” period for DWI enhancements, meaning a conviction from 20 years ago counts the same as one from last year.

A DWI also becomes a felony under Texas Penal Code § 49.045 when a person drives while intoxicated with a child passenger under 15 years old. This offense is a state jail felony, even if it is the person’s first DWI arrest. The law treats endangering a child through intoxicated driving as an especially serious offense deserving of enhanced punishment.

Felony DWI Categories Under Texas Law

Texas recognizes several categories of felony DWI offenses, each carrying different potential penalties. The most common include third or subsequent DWI, which is charged as a third degree felony. DWI with a child passenger is a state jail felony on the first offense. Intoxication assault (causing serious bodily injury while intoxicated) is a third degree felony. Intoxication manslaughter (causing death while intoxicated) is a second degree felony.

The prosecution must prove intoxication beyond a reasonable doubt in every case. This typically means showing that the defendant lost the normal use of mental or physical faculties due to alcohol, drugs, or a combination of substances, or that the defendant had a blood alcohol concentration of 0.08 or higher. A skilled defense attorney will scrutinize every aspect of the state’s evidence to identify weaknesses in their case.

Penalties for Felony DWI in Denton County

The consequences of a felony DWI conviction extend far beyond jail time. Denton County prosecutors take these cases seriously, and judges have significant discretion in sentencing. Understanding what you are facing can help you appreciate why mounting an aggressive defense is so important.

Third Degree Felony DWI (Third or Subsequent Offense)

A third degree felony DWI conviction carries a prison sentence of 2 to 10 years in the Texas Department of Criminal Justice. Fines can reach up to $10,000. The court may also order probation (community supervision) for up to 10 years as an alternative to prison in some cases. Additional consequences include driver’s license suspension for up to 2 years, installation of an ignition interlock device, mandatory alcohol treatment programs, and up to 1,000 hours of community service.

State Jail Felony DWI (Child Passenger)

A state jail felony conviction for DWI with a child passenger carries a jail sentence of 180 days to 2 years in a state jail facility. Fines can reach up to $10,000. Unlike prison sentences for higher-level felonies, state jail time must typically be served day-for-day without the possibility of early release for good behavior. This offense can also result in a Child Protective Services investigation and potential family court proceedings that could affect custody arrangements.

If you are facing felony DWI charges and are worried about your family, your job, or your future, talk to an experienced defense lawyer who can review the specific facts of your case. Call (940) 252-2220 to schedule a free consultation.

How Bond Works in Felony DWI Cases

After a felony DWI arrest in Denton County, bond is typically set based on several factors, including the severity of the charge, the defendant’s criminal history, and whether the person is considered a flight risk or danger to the community. Bond amounts for felony DWI cases vary significantly based on individual circumstances.

For third offense DWI cases in the North Texas region, bonds commonly range from $10,000 to $25,000 or higher, depending on the facts. Cases involving accidents, injuries, or especially high blood alcohol levels often see bonds set at the higher end of this range. DWI with a child passenger cases may result in bonds of $5,000 to $15,000 for first-time offenders, though additional charges or aggravating factors can push that figure higher.

A judge may also impose bond conditions that require you to install an ignition interlock device on your vehicle, submit to random drug and alcohol testing, attend AA meetings or substance abuse counseling, and avoid consuming alcohol or visiting bars. Violating these conditions can result in bond revocation and immediate arrest. Working with an attorney who understands the Denton County jail and court system can help ensure you understand and comply with all conditions while your case is pending.

Common Defenses to Felony DWI Charges

Prosecutors bear the burden of proving every element of a felony DWI case beyond a reasonable doubt. An experienced defense attorney will examine every aspect of the state’s case to identify potential weaknesses and build the strongest possible defense. Several defense strategies may be available depending on your circumstances.

Challenging the Traffic Stop

Police officers must have reasonable suspicion of criminal activity to conduct a traffic stop. If an officer pulled you over without a valid legal basis, any evidence obtained as a result may be suppressed. This could include field sobriety test results, breath or blood test results, and the officer’s observations of intoxication. Successful suppression of this evidence often leads to dismissal or significant reduction of charges.

Attacking Field Sobriety Tests

Standardized field sobriety tests are notoriously unreliable indicators of intoxication. Physical conditions like inner ear problems, neurological issues, obesity, and old injuries can cause a person to “fail” these tests while completely sober. Environmental factors such as uneven pavement, poor lighting, and weather conditions can also affect performance. A skilled attorney will examine the testing conditions and the officer’s administration of the tests to identify potential grounds for challenge.

Questioning Blood and Breath Test Results

Chemical tests for blood alcohol concentration are not infallible. Breath testing devices require careful calibration and maintenance to produce accurate results. Blood samples must be collected, stored, and tested according to strict protocols to ensure reliability. Contamination, fermentation, and testing errors can all produce falsely elevated results. Defense experts can often identify problems with the state’s testing procedures that undermine the reliability of the evidence.

Challenging Prior Convictions

The enhancement of a DWI to felony status based on prior convictions requires the prosecution to prove those prior convictions are valid. If a prior conviction was obtained without proper constitutional protections (such as the right to counsel), it may not be used for enhancement purposes. Additionally, the prosecution must prove that the defendant was actually the person convicted in the prior case. An attorney who carefully examines the state’s evidence of prior convictions may find grounds to challenge the felony enhancement.

What to Expect After a Felony DWI Arrest in Denton County

Understanding the criminal justice process can help reduce anxiety and allow you to make informed decisions about your defense. Here is what typically happens after a felony DWI arrest in Denton County.

Booking and Initial Appearance

After arrest, you will be transported to the Denton County Jail for booking. This process includes fingerprinting, photographing, and recording personal information. You will be held until you can post bond or appear before a magistrate. At the initial appearance, a judge will inform you of the charges, set bond, and advise you of your constitutional rights.

Grand Jury and Indictment

Felony cases in Texas must be indicted by a grand jury before they can proceed to trial. The grand jury reviews evidence presented by prosecutors and decides whether probable cause exists to formally charge the defendant. If the grand jury issues an indictment, the case moves forward. This process typically takes several weeks to a few months after arrest.

Arraignment and Pretrial Proceedings

After indictment, you will be arraigned in a Denton County district court where you will enter a plea of guilty, not guilty, or no contest. Most defendants plead not guilty at arraignment to preserve their defense options. The case then enters a pretrial phase where your attorney can file motions to suppress evidence, request discovery materials, hire expert witnesses, and negotiate with prosecutors.

Worried about what comes next? Don’t wait to get answers. Schedule a free consultation with an experienced felony DWI lawyer who can evaluate your case and explain your options. Call (940) 252-2220 today.

Trial or Plea Agreement

Most felony DWI cases are resolved through negotiated plea agreements rather than trial. An experienced attorney can often negotiate reduced charges, lighter sentences, or favorable probation terms that avoid the uncertainty of trial. However, if the prosecution’s evidence is weak or the stakes are too high, taking the case to trial may be the best option. A jury of Denton County residents will hear the evidence and decide your fate.

Protecting Your Driver’s License: ALR Hearings

Separate from your criminal case, the Texas Department of Public Safety will seek to suspend your driver’s license after a DWI arrest. You have only 15 days from the date of arrest to request an Administrative License Revocation (ALR) hearing to challenge this suspension. Missing this deadline results in automatic suspension.

An ALR hearing provides a valuable opportunity to contest the suspension and gather information about the state’s evidence. Your attorney can subpoena the arresting officer and question them under oath, review the evidence the state plans to use in your criminal case, and identify weaknesses in the prosecution’s case before trial. Even if the suspension is ultimately upheld, the information gained at an ALR hearing can significantly benefit your criminal defense.

Collateral Consequences of Felony DWI Conviction

A felony conviction affects much more than your immediate freedom. The long-term consequences can impact nearly every aspect of your life for years or even decades after you complete your sentence.

Employment becomes significantly more difficult with a felony record. Many employers conduct background checks and refuse to hire individuals with felony convictions. Professional licenses in fields such as healthcare, law, education, and finance may be denied or revoked. Government jobs and positions requiring security clearances are generally unavailable to those with felony records.

A felony DWI conviction also results in the loss of firearm rights under both federal and Texas law. You will not be able to legally possess firearms or ammunition. Voting rights are suspended while incarcerated and on parole or probation, though they are restored after completing your sentence in Texas. Housing options may be limited, as many landlords refuse to rent to individuals with felony convictions.

The immigration consequences for non-citizens can be especially severe. A felony DWI conviction may result in deportation, denial of naturalization, or inadmissibility to the United States. Anyone facing felony DWI charges who is not a U.S. citizen should consult with both a criminal defense attorney and an immigration lawyer.

What to Expect From Our Felony DWI Attorney

Varghese Summersett is a team of more than 70 legal professionals with offices in Fort Worth, Dallas, Houston, and Southlake. Our attorneys have secured more than 1,600 dismissals and 800 charge reductions, including many serious felony cases. We understand what is at stake when you are facing a felony DWI charge in Denton County.

When you hire our firm, you get a dedicated defense team that will thoroughly investigate your case and gather evidence that supports your defense, identify every possible weakness in the prosecution’s case, file appropriate pretrial motions to suppress illegally obtained evidence, negotiate aggressively with prosecutors for reduced charges or favorable plea terms, and prepare your case for trial if that is the best path forward. We keep you informed at every stage and make sure you understand your options so you can make decisions that are right for you and your family.

Frequently Asked Questions About Felony DWI in Denton County

Can a felony DWI be reduced to a misdemeanor in Texas?

Yes, in some cases. Prosecutors have discretion to reduce charges based on the strength of the evidence, mitigating factors, and the defendant’s criminal history. A skilled defense attorney can negotiate for reduction to a misdemeanor when the circumstances warrant. Factors that may support reduction include challenging the validity of prior convictions used for enhancement, identifying problems with the state’s evidence, and presenting mitigating circumstances that make the defendant a good candidate for leniency.

Will I go to prison for a third DWI in Texas?

Not necessarily. While a third DWI is punishable by 2 to 10 years in prison, judges have the option to grant probation in many cases. Factors that influence sentencing include the specific facts of the offense, the defendant’s criminal history, any injuries or property damage, and the defendant’s attitude and circumstances. An experienced attorney can present mitigating evidence and advocate for a sentence that keeps you out of prison.

How long does a felony DWI stay on my record in Texas?

A felony DWI conviction is permanent under Texas law. Unlike misdemeanor DWI convictions, which may become eligible for nondisclosure orders after certain waiting periods, felony DWI convictions cannot be sealed or expunged. This is one of many reasons why fighting the charges aggressively from the beginning is so important.

Can I refuse a breath or blood test in Texas?

You can refuse, but there are consequences. Under Texas’s implied consent law, refusing a breath or blood test typically results in automatic license suspension for 180 days (first refusal) or 2 years (subsequent refusal). Additionally, if police have probable cause and obtain a search warrant, they can take a blood sample without your consent. Refusal does not guarantee you will avoid prosecution, as the state can still pursue charges based on other evidence.

What if this is my first offense but I had a child in the car?

DWI with a child passenger is a state jail felony regardless of whether you have prior DWI convictions. This means even a first-time DWI offender faces felony charges and potential jail time of 180 days to 2 years if a child under 15 was in the vehicle. The charge may also trigger a CPS investigation that could affect custody and visitation rights.

If you are facing felony DWI charges in Denton County, the time to act is now. Every day that passes is time the prosecution uses to build their case against you. Contact Varghese Summersett today at (940) 252-2220 for a free consultation with an experienced felony DWI lawyer who will fight to protect your rights, your freedom, and your future.