First Offense DWI Lawyer in Denton County | Free Consultation

If this is your first DWI arrest in Denton County, you’re facing a Class B misdemeanor with potential jail time, fines up to $2,000, and a license suspension. More importantly, you’re at a crossroads where your next steps will determine whether this becomes a permanent mark on your record or a situation you can resolve favorably.

At Varghese Summersett, we’ve helped countless clients through their first DWI. Our Denton County defense attorneys understand how overwhelming this moment feels, and we’re here to guide you through every step of the legal process while protecting your future.

Why Clients Trust Varghese Summersett

Our criminal defense team brings over 100 years of combined experience defending DWI cases across Texas. The firm has secured over 1,600 dismissals and 800 charge reductions in various cases across our Fort Worth, Dallas, Houston, and Southlake offices. Our team includes former prosecutors and Board Certified criminal law specialists who understand exactly how the state builds DWI cases and how to challenge their evidence. We’ve been recognized by Super Lawyers, Best Lawyers in America, and U.S. News & World Report as one of the top criminal defense firms in Texas.

In Denton County specifically, our attorneys have helped clients reduce enhanced DWI charges to standard DWIs, secure probation instead of jail time, and in many cases, keep first offenses off their permanent records entirely. Past results do not guarantee future outcomes, but our track record speaks to our commitment to aggressive, strategic defense.

What First Offense DWI Means in Denton County

Under Texas Penal Code § 49.04, a person commits the offense of Driving While Intoxicated if they operate a motor vehicle in a public place while intoxicated. Intoxicated means not having the normal use of mental or physical faculties due to alcohol or drugs, or having a blood alcohol concentration of 0.08 or more.

For a first offense DWI with no aggravating factors, the charge is a Class B misdemeanor. However, prosecutors can enhance the charge if your blood alcohol concentration was 0.15 or higher, which makes it a Class A misdemeanor with harsher penalties.

What the State Must Prove

To convict you of DWI, the prosecution must prove beyond a reasonable doubt that you:

Were operating a motor vehicle in a public place while intoxicated by alcohol, drugs, or a combination of substances.

The state can prove intoxication either by showing you lost normal use of your mental or physical faculties, or by presenting evidence that your blood alcohol concentration was 0.08 or more. They’ll typically rely on field sobriety tests, breath or blood test results, officer observations, dash cam footage, and any statements you made at the scene.

Importantly, the state does not need to prove you were driving dangerously or caused any harm. Simply being behind the wheel while intoxicated is enough for a conviction.

Penalties for First Offense DWI in Denton County

The consequences of a first DWI conviction in Texas extend far beyond the immediate criminal penalties. Here’s what you’re facing.

Criminal Penalties

For a Class B misdemeanor first offense DWI, you face up to 180 days in county jail, a fine up to $2,000, or both. If your blood alcohol concentration was 0.15 or higher, the offense becomes a Class A misdemeanor with up to one year in jail and a fine up to $4,000.

Most first-time offenders do not serve the maximum jail time, especially if you retain experienced counsel early. Many resolve their cases through probation, plea agreements, or pretrial diversion programs.

Driver’s License Suspension

Your license faces two separate suspension proceedings. First, if you refused or failed a breath or blood test, the Texas Department of Public Safety will automatically suspend your license through the Administrative License Revocation (ALR) process. You have only 15 days from your arrest to request an ALR hearing to contest this suspension.

Second, if convicted, you face a license suspension of 90 days to one year for a first offense. With an occupational license, you may be able to drive to work, school, and essential locations during this period.

Other Consequences

Beyond jail and fines, a DWI conviction brings collateral consequences that affect your daily life. You’ll be required to complete a DWI education program, perform community service hours, and potentially install an ignition interlock device on your vehicle. Your auto insurance rates will likely skyrocket, you may lose your job or professional license, and a conviction stays on your record permanently, showing up on background checks for employment, housing, and loans.

For college students, a DWI can result in loss of scholarships, suspension from school, and difficulty finding employment after graduation. For professionals with licenses like nurses, teachers, or commercial drivers, a DWI can trigger disciplinary proceedings that threaten your career.

Bond Amounts for First Offense DWI in Denton County

Understanding what bond you might face helps you prepare financially and get released quickly after arrest. In Denton County, bond amounts for DWI cases vary based on the specific charge and circumstances.

For a standard first offense DWI under Texas Penal Code § 49.04, our analysis of 2025 Denton County bonds shows that the most common bond set was $2,500, with an average bond of $2,218 across 1,483 cases. If your blood alcohol concentration was 0.15 or higher, making it a DWI with BAC ≥ 0.15 under § 49.04(d), typical bonds ranged higher, with a most common bond of $2,500 and an average of $3,551 across 154 cases.

If there was an open container in your vehicle at the time of arrest under § 49.04(c), Denton County magistrates set bonds averaging $2,494, with most at $2,500 for the 410 cases in our dataset. These amounts reflect typical bonds for first offenses without other aggravating factors.

Several factors can affect your bond amount. The magistrate will consider your ties to the community, employment status, criminal history, and whether you’re considered a flight risk. If you have a clean record, stable employment, and have family in the area, you’re more likely to receive a lower bond.

A criminal defense attorney can request a bond reduction hearing if your initial bond is set too high. We’ve successfully argued for reduced bonds when clients demonstrate they’re not a danger to the community and will appear for all court dates. Contact us immediately after arrest so we can work to get you released and protect your rights from the start.

Common Defenses to First Offense DWI

Just because you were arrested doesn’t mean you’ll be convicted. Every DWI case involves multiple points where the state’s evidence can be challenged. Here are the most common defense strategies we use.

Challenging the Traffic Stop

The Fourth Amendment protects you from unreasonable searches and seizures. Officers need reasonable suspicion that you committed a traffic violation or crime before they can pull you over. If the stop was pretextual or based on a hunch rather than specific, articulable facts, we can file a motion to suppress all evidence obtained after the illegal stop.

We review dash cam footage, body cam video, and the officer’s reports to identify any inconsistencies or violations of your rights. If the stop gets thrown out, the entire case typically gets dismissed.

Attacking Field Sobriety Tests

Field sobriety tests are notoriously unreliable. The Horizontal Gaze Nystagmus test, Walk and Turn test, and One Leg Stand test have multiple points of failure even for sober people. Medical conditions, injuries, nervousness, poor weather, uneven pavement, and improper officer administration all affect results.

We challenge whether the officer followed proper protocols, whether the conditions were appropriate for testing, and whether your performance actually indicated intoxication or just normal human variation.

Challenging Breath and Blood Tests

Breath test machines require regular maintenance and calibration. If the Intoxilyzer 9000 wasn’t properly maintained, if the officer didn’t follow the 15-minute observation period, or if you had medical conditions like acid reflux or diabetes that affect results, we can challenge the reliability of the breath test.

Blood test results depend on proper collection, storage, and analysis. We examine the chain of custody, the lab’s procedures, and whether contamination or fermentation affected the sample. Blood drawn without a warrant or your valid consent may be suppressible.

Demonstrating Lack of Intoxication

The state must prove you were intoxicated, not just that you had been drinking. We can present evidence that you weren’t intoxicated at the time of driving, including your normal driving behavior, coherent statements, ability to complete complex tasks, and lack of actual impairment.

Expert witnesses can testify about alcohol absorption rates, showing your BAC may have been below 0.08 while driving even if it measured higher at the station due to rising alcohol levels.

Rising Blood Alcohol Defense

Your blood alcohol concentration continues to rise for 30 to 90 minutes after your last drink. This means you could have been under the legal limit while driving but above it by the time you took a breath or blood test at the station. We can use expert testimony and scientific evidence to demonstrate this timeline.

The Legal Process for First Offense DWI in Denton County

Understanding what happens next helps reduce anxiety and allows you to make informed decisions at each stage of your case.

Arrest and Booking

After your arrest, officers will transport you to the Denton County Jail for booking and processing. You’ll be photographed, fingerprinted, and searched. Officers will ask you to provide a breath or blood sample. You have the right to refuse, but refusal triggers an automatic 180-day license suspension.

Do not answer questions beyond providing basic identifying information. Politely tell officers you want to speak with an attorney before answering any questions about where you were, whether you were drinking, or what happened. Everything you say can and will be used against you.

Bond and Release

Within 24 to 48 hours, you’ll appear before a magistrate who will set your bond. As discussed above, first offense DWI bonds in Denton County typically range from $2,000 to $3,500 depending on circumstances. Once bond is posted, you’ll be released with conditions that usually include not consuming alcohol or drugs, not driving without a valid license, and appearing for all court dates.

ALR Hearing (15-Day Deadline)

This is critical: You have only 15 days from your arrest date to request an Administrative License Revocation hearing. This hearing is separate from your criminal case and determines whether your license gets suspended. If you don’t request the hearing within 15 days, your license will automatically be suspended.

An attorney can request the ALR hearing, subpoena the arresting officer, and challenge the evidence. Even if you don’t win the hearing, it gives us an opportunity to cross-examine the officer under oath before trial, which can reveal weaknesses in their case.

Arraignment

Your first court appearance is the arraignment, where you’ll be formally advised of the charges and enter a plea. Most defendants plead not guilty at arraignment to preserve all defense options. This is not an admission of guilt; it simply means you’re exercising your right to require the state to prove its case.

Discovery and Investigation

After arraignment, your attorney will request discovery, which includes police reports, dash cam and body cam video, breath or blood test results, calibration and maintenance records for testing equipment, and any other evidence the state plans to use. We investigate your case independently, interviewing witnesses, visiting the scene, and consulting experts when needed.

Pretrial Negotiations

Most DWI cases resolve before trial through plea negotiations. Your attorney will negotiate with prosecutors for dismissal, reduction to a lesser charge like obstruction of a highway or reckless driving, deferred adjudication probation, or pretrial diversion if you qualify. The goal is to achieve the best possible outcome while avoiding the uncertainty of trial.

Trial

If negotiations don’t produce an acceptable result, your case goes to trial. You can choose either a judge or jury trial. At trial, the state must prove every element of DWI beyond a reasonable doubt. Your attorney will cross-examine witnesses, challenge the state’s evidence, and present your defense. A not guilty verdict means your case is dismissed and you face no criminal consequences.

Timeline Expectations

Most first-offense DWI cases resolve within 6 to 12 months, though complex cases or those going to trial may take longer. The timeline depends on factors such as court scheduling, the complexity of your case, whether you’re negotiating or going to trial, and how quickly evidence is provided.

Real Case Result from Denton County

In 2024, our Denton County team represented a client charged with DWI with BAC over 0.15, an enhanced Class A misdemeanor. The client faced up to one year in jail and a fine up to $4,000.

Attorneys negotiated with the Denton County District Attorney’s Office and secured a reduction to a standard DWI, lowering the charge from a Class A to a Class B misdemeanor. The client received 120 days in jail with 12 months of probation rather than the potential one-year sentence, and avoided the enhanced penalties associated with the higher BAC reading.

This case demonstrates how early legal intervention and skilled negotiation can significantly reduce the consequences of a DWI arrest, even when the evidence includes a high BAC reading. Past results do not guarantee future outcomes, but they show what’s possible when you have experienced counsel fighting for you.

What to Do Immediately After a DWI Arrest

The decisions you make in the hours and days after your arrest directly impact the outcome of your case. Here’s what you need to do right now.

Request an ALR Hearing (Do This First)

You have 15 days to request your ALR hearing. This is not automatic. If you miss this deadline, your license will be suspended and you’ll lose the opportunity to challenge it. Call us immediately so we can file the request and start preparing your defense.

Document Everything

Write down everything you remember about the stop and arrest while it’s fresh in your memory. Include what you ate and drank, when you consumed alcohol, where you were driving, what the officer said and did, whether you were read your rights, and any medical conditions or medications you take. These details become crucial later.

Preserve Evidence

Save any receipts from the night of your arrest, get contact information from passengers or witnesses, take photos of the location where you were stopped if there are relevant road conditions or lighting, and note any injuries or medical conditions that could affect field sobriety tests.

Do Not Discuss Your Case

Do not post about your arrest on social media, discuss the case with friends or family beyond those who need to know, or give statements to investigators or prosecutors without your attorney present. Anything you say can be used against you, and even seemingly innocent statements can damage your defense.

Contact an Attorney Immediately

The sooner you hire an attorney, the better your outcome is likely to be. An attorney can request the ALR hearing, begin investigating your case, preserve evidence that might disappear, advise you on protecting your rights, and start negotiating with prosecutors before positions harden. Waiting to hire an attorney only limits your options. Call us 24/7 for a free consultation to discuss your case and your defense options.

Pretrial Diversion and Alternative Resolutions

For many first-time offenders, avoiding a conviction entirely is possible through pretrial programs and alternative resolutions.

Deferred Adjudication Probation

Deferred adjudication is a form of probation where you plead guilty or no contest, but the judge does not enter a finding of guilt. If you successfully complete probation, the case is dismissed and you avoid a conviction on your record. While the arrest will still appear on background checks, having no conviction is far better than a DWI conviction.

Deferred adjudication typically requires completing DWI education classes, community service, substance abuse evaluation and treatment if needed, regular probation check-ins, and payment of fines and court costs. Probation periods usually last 12 to 24 months for first offenses.

Pretrial Diversion Programs

Some first-time offenders may qualify for pretrial diversion, which allows you to complete a program before formal charges are filed or before trial. Successful completion results in charges being dismissed entirely. Denton County offers diversion for certain cases, particularly those involving young adults or defendants with no prior record.

Reduced Charges

In cases where DWI evidence is weak or problematic, we can sometimes negotiate a reduction to obstruction of a highway or reckless driving. While these are still offenses, they’re not DWIs and carry less severe consequences and stigma.

Protecting Your Future: Expunctions and Nondisclosure

Even after your case resolves, the arrest remains on your record unless you take action to clear it.

Expunction

If your case is dismissed or you’re found not guilty, you can file for an expunction to have the arrest completely removed from your record. Once expunged, you can legally deny the arrest ever happened. This is the best outcome because it removes all traces of the case from public records.

Order of Nondisclosure

If you complete deferred adjudication probation, you may be eligible for an order of nondisclosure, which seals your record from most public searches. Employers and landlords won’t see it, though law enforcement and certain licensing agencies still can. For DWI cases, you must wait at least two years after completing probation before applying, and you cannot have any other criminal convictions.

An attorney can evaluate your eligibility and file the necessary petitions. Learn more about expunctions in Texas and how to clear your record.

Local Resources in Denton County

If you’ve been arrested in Denton County, these local resources may be helpful:

• Denton County Jail – For information about release, bond, and inmate services
• Denton County Criminal Courts – Court schedules, locations, and procedures
• Texas Department of Public Safety – For driver’s license reinstatement and ALR hearings
• Denton Police Department – For obtaining police reports

What to Expect From Varghese Summersett

When you hire Varghese Summersett to handle your first offense DWI case in Denton County, you get a dedicated team fighting for your future. From your first call through the resolution of your case, we provide aggressive representation, clear communication, and strategic defense tailored to your specific circumstances.

We investigate every aspect of your case, challenge the state’s evidence at every turn, and negotiate with prosecutors from a position of strength. Our goal is to secure the best possible outcome, whether that’s a dismissal, a reduction, pretrial diversion, or a not guilty verdict at trial.

You’ll work directly with experienced attorneys who have handled thousands of DWI cases. We’ll explain your options in plain language, answer your questions promptly, and keep you informed throughout the process. Most importantly, we’ll fight to protect your record, your license, and your freedom.

Frequently Asked Questions

Can I get my first offense DWI dismissed in Denton County?

Yes, dismissal is possible in some cases. We’ve secured dismissals by successfully challenging illegal stops, unreliable field sobriety tests, improperly administered breath or blood tests, and lack of probable cause. Additionally, some first-time offenders qualify for pretrial diversion programs where charges are dismissed upon successful completion. The strength of the evidence and your specific circumstances determine whether dismissal is realistic in your case.

Will I go to jail for a first offense DWI?

While jail time is possible, most first-time offenders in Denton County do not serve significant jail time, especially with proper legal representation. Many cases resolve through probation, deferred adjudication, or plea agreements that minimize or eliminate jail time. Some cases result in time served at booking or a few days in jail as part of a plea deal. Your specific outcome depends on the facts of your case, your criminal history, and how aggressively your attorney fights for you.

How much will a DWI lawyer cost in Denton County?

Legal fees for DWI defense vary based on the complexity of your case. Simple first offense cases with no aggravating factors typically cost less than cases involving accidents, injuries, or enhanced charges. At Varghese Summersett, we offer free consultations where we’ll review your case and provide a clear fee structure. Most clients find that investing in quality legal representation saves them money in the long run by avoiding conviction, reducing fines and insurance increases, and protecting their ability to work.

Can I still drive after a DWI arrest in Denton County?

Yes, but with limitations. After arrest, you have 40 days to drive on your regular license if you request an ALR hearing within 15 days. If you don’t request a hearing, your license is suspended 40 days after arrest. Even if your license is suspended, you can usually get an occupational license that allows you to drive for essential purposes like work, school, medical appointments, and household duties. We help clients secure occupational licenses quickly to minimize disruption to their lives.

What happens if I refuse a breath or blood test?

Refusing a breath or blood test triggers an automatic 180-day driver’s license suspension through the ALR process, compared to 90 days for failing a test. However, refusal also means the state has no chemical test results to use against you at trial, which can weaken their case. Whether to refuse or submit is a personal decision with significant consequences either way. If you’ve already refused, we can still challenge the suspension at your ALR hearing and defend your criminal case without test results.

A first offense DWI in Denton County is serious, but it doesn’t have to define your future. With experienced legal representation, you can fight the charges, protect your record, and move forward with your life. Contact Varghese Summersett 24/7 for a free consultation. We’re here to answer your questions and start building your defense immediately.