Board Certified · Former DWI Prosecutors · Dallas County

Dallas DWI Lawyer
who tries cases.

Arrested for DWI in Dallas? You have 15 days to protect your license. We have defended thousands of Dallas County DWI cases, winning dismissals, reductions, and acquittals from first offenses to felonies.

Dallas DWI Defense

What it takes to mount your best DWI defense.

If you have been arrested for DWI in Dallas, you need an experienced defense attorney who can protect your license and fight your charges. At Varghese Summersett, our Dallas DWI lawyers have defended thousands of intoxicated driving cases in Dallas County, winning dismissals, reductions, and acquittals for clients facing everything from first-time offenses to felony charges. Call (214) 903-4000 for a free consultation.

A DWI arrest can feel like the end of your world: the shame, the fear, the uncertainty about your job, your license, and your family. We have stood beside hundreds of Dallas residents in that exact moment, and here is what we have learned. This arrest does not have to define your future. Dallas County prosecutors are aggressive, but every DWI case has weaknesses. The question is whether you have a defense team that knows how to find them.

This moment does not define your life. The best criminal defense is built on the details others overlook, the traffic stop, the testing, the timeline. That is where we go to work.

Why It Matters

A DWI team prosecutors recognize.

Our team includes former prosecutors who built DWI cases in Tarrant and Dallas Counties before learning to dismantle them. We know where the weaknesses hide because we used to exploit them from the other side.

We are, above everything else, trial lawyers. In Dallas County DWI court, prosecutors negotiate differently with a firm that will actually pick a jury, and we have done it hundreds of times.

550+
Jury Trials
1,600+
Dismissals
5
Board Certified
1,100+
5-Star Reviews
Past results do not guarantee future outcomes. Every case is unique.
Penalties

What are the penalties for DWI in Dallas?

Texas has some of the harshest DWI penalties in the nation. Under Texas Penal Code Section 49.04, a first-offense DWI is a Class B misdemeanor, punishable by 3 to 180 days in jail, a fine up to $2,000, and a license suspension of 90 days to one year. Penalties escalate sharply with each subsequent offense or aggravating factor.

Offense
Jail / Prison
Fine & License
First Offense
Class B Misdemeanor
3 to 180 days
Up to $2,000 · 90 to 365-day suspension
Second Offense
Class A Misdemeanor
30 days to 1 year
Up to $4,000 · 180 days to 2-year suspension
Third Offense
Third-Degree Felony
2 to 10 years
Up to $10,000 · 180 days to 2-year suspension
DWI with Child Passenger
State Jail Felony
180 days to 2 years
Up to $10,000 · 180 days to 2-year suspension

Court penalties are only the beginning. A DWI conviction creates a permanent criminal record that cannot be expunged in Texas.

Beyond the courtroom, a conviction brings license reinstatement fees, the cost of mandatory SR-22 insurance, and premium increases of 25 to 300 percent. Over several years the total cost commonly reaches $10,000 to $25,000. Note that Texas repealed the Driver Responsibility Program and its annual surcharges in 2019, so that specific surcharge no longer applies, but the insurance and reinstatement costs remain significant.

The professional fallout can be worse than the legal penalties. Teachers, nurses, and other licensed professionals can face board action. Commercial drivers face CDL disqualification under federal regulations. Security clearances can be revoked. A career built over decades can be put at risk by one night, which is why an aggressive Dallas DWI defense matters from day one.

The Law

How does Texas define driving while intoxicated?

Texas law defines DWI two ways under Texas Penal Code Section 49.01. You can be charged if your blood alcohol concentration is 0.08 percent or higher. You can also be charged if you have lost the normal use of your mental or physical faculties due to alcohol, drugs, or any other substance. That means Dallas County prosecutors can pursue a DWI even when your BAC is below the legal limit.

Different standards apply to different drivers. Drivers under 21 face zero tolerance, where any detectable alcohol results in charges. Commercial drivers have a BAC limit of 0.04 percent. If your BAC is 0.15 percent or higher, the charge is enhanced to a Class A misdemeanor with mandatory ignition interlock and higher fines.

Prescription medication creates a hidden trap. You can be charged with DWI while taking medication exactly as prescribed, because the law does not distinguish between illegal drugs and legal prescriptions when it comes to impairment. We have defended many Dallas clients charged after taking prescribed anxiety medication or pain relievers.

Learn more: meet our Dallas criminal defense attorneys.

How We Build Your Defense

Every Dallas DWI case has weaknesses.

Our defense begins immediately. We request your ALR hearing to protect your license and cross-examine the arresting officer under oath, then examine every piece of evidence: police reports, dashcam and body camera video, breath and blood results, calibration logs, and officer training records.

Act Fast

The first 15 days after a Dallas DWI arrest.

The 15 days after your arrest are the most critical window in your case. What you do, or fail to do, can decide whether you keep your license and whether key evidence is preserved.

01
Request Your ALR Hearing

Under Transportation Code Section 524.031, you have 15 days to request an ALR hearing. Miss it and your license is suspended automatically, no matter what happens in your criminal case.

Call Now
02
Stop Talking

Every word to police, friends, or social media can become evidence. Your right to remain silent is your strongest protection. Use it.

03
Document Everything

Write down what you ate, when you last slept, any medications, and any medical conditions. Note what you remember about the stop and the tests. These details become defense elements.

04
Know You Face Two Cases

The criminal case and the license suspension run on separate rules and deadlines. You can win one and lose the other. Counsel who handles both is essential.

Free DWI Seminar

Dallas DWI lawyer Benson Varghese explains your defense.

Common Questions

Dallas DWI questions, answered.

Can I refuse a breathalyzer test in Dallas? +
Yes, but refusal triggers an automatic 180-day license suspension under Texas implied consent law (Transportation Code Chapter 724). Refusing often makes strategic sense because it denies prosecutors potentially damaging evidence, but you must still request an ALR hearing within 15 days. The decision should be made understanding all consequences.
How much does a DWI cost in Dallas? +
Total costs commonly run from $10,000 to $25,000 over several years once you account for fines, higher insurance premiums, mandatory classes, ignition interlock expenses, and license reinstatement fees. Texas repealed the Driver Responsibility Program surcharges in 2019, but the remaining costs still add up quickly, along with lost wages and missed opportunities.
Will I lose my job after a DWI arrest? +
It depends on your profession and your employer. Positions that require driving or a professional license can face consequences from an arrest alone, while other jobs may not be affected unless there is a conviction. We help clients address employment and licensing issues proactively to limit the damage.
What is the difference between DUI and DWI in Texas? +
In Texas, DUI applies only to minors under 21 with any detectable alcohol. DWI applies to drivers of any age who are intoxicated or have a BAC of 0.08 percent or higher, and it carries significantly harsher penalties, including possible jail time, substantial fines, and license suspension.
Can a DWI be dismissed in Dallas County? +
Yes. We have obtained dismissals based on an improper traffic stop, faulty testing equipment, procedural violations, constitutional violations, and insufficient evidence. Our experience as former prosecutors helps us find weaknesses other attorneys miss.
How does a blood test differ from a breath test? +
Blood tests are generally more accurate but more open to legal challenge, because the sample can be independently retested. We examine blood evidence for chain-of-custody errors, lab protocol violations, and improper storage, all of which have led to successful challenges.
What if I failed the field sobriety tests? +
Field sobriety tests are subjective and affected by medical conditions, fatigue, anxiety, weather, and footwear. They must follow strict NHTSA protocols, and any deviation can make the results unreliable. We regularly show that poor performance had nothing to do with impairment.
How long will a DWI affect my car insurance? +
A DWI conviction typically affects rates for three to five years, with increases of 25 to 300 percent, and may require SR-22 insurance. Some insurers drop coverage entirely. Fighting your case effectively can prevent these increases.
Can I get my DWI expunged in Texas? +
A DWI conviction cannot be expunged in Texas. Some cases qualify for nondisclosure (sealing) after a waiting period, but options are limited. The best path to a clean record is avoiding a conviction through aggressive defense.
At Home in Dallas

Why choose Varghese Summersett for your Dallas DWI defense?

At Varghese Summersett, DWI defense is not a sideline. It is a specialty we have built through thousands of cases in Dallas County courts. Our team includes former prosecutors who understand exactly how the state builds DWI cases, and we know which judges are reasonable, which prosecutors negotiate, and which arguments work at the Frank Crowley Courts Building.

Your initial consultation is confidential and free. We will review your case, explain your options, and build a strategy tailored to your situation. We offer flexible payment plans because quality representation should not depend on your finances. Time matters: evidence disappears, memories fade, and the 15-day ALR deadline arrives fast.

Contact Varghese Summersett at (214) 903-4000 or visit our Dallas office at 2100 Ross Avenue, Suite 950, Dallas, TX 75201. We are available 24/7, because DWI arrests do not only happen during business hours.

Your license. Your record.
Your fight is ours.

The state is already building its case, and the 15-day ALR deadline is running. It is time to start building your defense. Speak with a Dallas DWI lawyer today.

Answering 24/7
Varghese Summersett

Our Offices

One City Place Building
300 Throckmorton Street, Suite 700
Fort Worth, Texas 76102

Kirkwood Oaks Business Center
3120 Sabre Drive, Suite 110
Southlake, Texas 76092

2100 Ross Avenue, Suite 950
Dallas, Texas 75201

2925 Briarpark Drive, Suite 850
Houston, TX 77042

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