A second DWI arrest in Denton County carries consequences that can reshape your life. You face up to a year in jail, thousands in fines, and a permanent criminal record that follows you for decades. The stakes are higher than your first offense, and the prosecution will take a more aggressive approach, pushing for harsher penalities.
At Varghese Summersett, we’ve defended hundreds of DWI cases across Texas. Many of our clients walked away with dismissals or reduced charges because we challenged evidence, questioned procedures, and fought for their futures. If you’ve been arrested for a second DWI in Denton County, the decisions you make now determine what happens next.
Why Clients Trust Varghese Summersett
Our criminal defense team brings over 100 years of combined experience defending DWI cases in Denton County. Our team includes former prosecutors and Board Certified Criminal Law Specialists who spent years on the other side of these cases. We’ve been recognized by Super Lawyers, Best Lawyers, and the National Trial Lawyers Top 100, and our attorneys have appeared as legal experts on NBC, ABC, FOX, and CBS. With offices in Fort Worth, Dallas, Houston, and Southlake, we’re positioned to defend clients across Denton County and North Texas.
Past results do not guarantee future outcomes, but our track record speaks to the level of defense we provide.
What Makes a Second DWI Different
The difference between a first DWI and a second isn’t just the number. The second offense escalates to a Class A misdemeanor with harsher penalties and fewer options for leniency. Prosecutors know you’ve been through the system before, and judges are less sympathetic to arguments about mistakes or isolated incidents.
The weight of that prior conviction hangs over every negotiation and every motion. The state can point to your previous case as proof that you didn’t learn the first time. They can argue you’re a repeat offender who poses a danger to the public. This changes the dynamic of your defense.
Understanding DWI Second Offense Under Texas Law
Under Texas Penal Code § 49.09(a), driving while intoxicated with one prior conviction is a Class A misdemeanor. The statute defines this as operating a motor vehicle in a public place while intoxicated after having been convicted once before for DWI, intoxication assault, or intoxication manslaughter. The prior conviction can come from anywhere in the United States.
To secure a conviction, the prosecution must prove beyond a reasonable doubt that you were operating a vehicle, that you were in a public place, that you were intoxicated at the time, and that you have one prior DWI-related conviction on your record. Each element requires specific evidence, and each element creates opportunities for your defense attorney to challenge the state’s case.
Penalties for DWI Second Offense in Denton County
A second DWI offense in Texas is a Class A misdemeanor and may carry:
- Up to one year in county jail
- Fines of up to $4,000, plus court costs
- Driver’s license suspension from 180 days to two years
- A minimum of 72 hours in jail, even if probation is granted
- An ignition interlock device, typically required during probation
- DWI education and substance abuse treatment
- Community supervision (probation) for up to two years
- License reinstatement fees with the Texas DPS
Beyond the legal penalties, a second DWI conviction can affect employment, housing, professional licenses, and insurance rates. Some employers conduct background checks and won’t hire anyone with a DWI conviction. Landlords reject rental applications when they see multiple offenses. Insurance companies raise rates or drop coverage entirely.
Bond Amounts for DWI Second Offense in Denton County
When you’re arrested for a DWI second offense in Denton County, the magistrate sets your bond based on the severity of the charge, your criminal history, and your ties to the community. Our analysis of 12,937 bonds set in Denton County in 2025 shows that DWI second offense cases (Texas Penal Code § 49.09(a)) resulted in an average bond of $8,588.55. The most common bond amount set was $5,000.
Bond amounts in these cases ranged from as low as $1,000 to over $25,000 depending on individual circumstances. Factors that influence bond include the blood alcohol concentration at the time of arrest, whether an accident occurred, your compliance during the traffic stop, and whether you violated probation from your first DWI. If you caused property damage or injuries, expect a higher bond.
How a Prior Conviction Changes Your Case
The state uses your prior conviction as both a sword and a shield. As a sword, it attacks your character and credibility. Prosecutors tell juries you didn’t learn from your first offense and that you’re a danger to others. As a shield, it protects the state from having to prove as much at trial. The jury already knows you have a history.
This dynamic makes pretrial negotiations harder. Prosecutors offer less favorable plea deals because they believe they have a stronger case. Judges impose stricter conditions because they view you as a repeat offender.
Your defense attorney must work harder to humanize you and show the jury that this case is about the evidence, not your past.
Common Defenses for DWI Second Offense
The best defense depends on the facts of your case. We examine the traffic stop, the field sobriety tests, the breath or blood test, and the arrest itself. We look for violations of your constitutional rights and procedural errors that could result in the suppression of evidence or the dismissal of charges.
The officer must have reasonable suspicion to stop your vehicle. If he pulled you over for a minor infraction like failing to signal or crossing the fog line, we challenge whether that infraction actually occurred. Dash camera footage often contradicts the officer’s written report. If the stop was unlawful, every piece of evidence that followed gets thrown out.
Field sobriety tests are notoriously unreliable. The National Highway Traffic Safety Administration admits these tests have accuracy rates below 80 percent under ideal conditions. Factors like uneven pavement, poor lighting, medical conditions, and nervousness all affect performance. Officers frequently administer these tests incorrectly or fail to account for physical limitations.
Breath and blood tests have their own problems. Breath test machines require regular calibration and maintenance. If the machine wasn’t properly maintained or if the officer didn’t follow protocol, the results can be excluded. Blood tests are more accurate but still subject to challenges. Chain of custody issues, contamination, and lab errors all create opportunities for your defense.
We also examine whether you were actually intoxicated at the time you were driving. Alcohol takes time to metabolize, and your blood alcohol concentration may have been rising when you were stopped but hadn’t peaked while you were driving. This is called the “rising blood alcohol” defense, and it can be the difference between a conviction and an acquittal.
The Legal Process for DWI Second Offense
Your case begins with the arrest and the magistrate warning. Within 48 hours, you appear before a magistrate who informs you of the charges and sets your bond. This is not a trial or a hearing on the merits of the case. It’s an administrative step.
After you’re released on bond, you receive a court date for your arraignment. At the arraignment, you enter a plea of guilty or not guilty. Most defendants plead not guilty, and the case moves forward to pretrial hearings. These hearings allow your attorney to file motions, challenge evidence, and negotiate with the prosecutor.
If your attorney files a motion to suppress evidence, the court holds a suppression hearing where the judge decides whether the evidence was legally obtained. If the motion is granted, the state may not have enough evidence to proceed, and your case could be dismissed. If the motion is denied, the case continues toward trial.
Most cases resolve through plea negotiations. Your attorney presents mitigation evidence, challenges weaknesses in the state’s case, and negotiates for reduced charges or alternative sentencing. If the state refuses to offer an acceptable plea, the case goes to trial.
At trial, the state must prove every element of the offense beyond a reasonable doubt. Your attorney cross-examines witnesses, challenges the reliability of the tests, and argues that the state hasn’t met its burden. If even one juror has reasonable doubt, you’re entitled to a not guilty verdict.
What to Do Immediately After Arrest
The hours and days after your arrest are critical. Contact a DWI defense attorney as soon as possible. Do not make statements to the police beyond providing basic identifying information. Anything you say can be used against you, and officers are trained to elicit incriminating statements.
Document everything you remember about the stop. Write down where you were driving, what time it was, what the officer said, and how the field sobriety tests were administered. This information helps your attorney identify inconsistencies in the officer’s report and build your defense.
Request a hearing with the Texas Department of Public Safety to challenge your license suspension. You have 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing. If you miss this deadline, your license is automatically suspended. The ALR hearing is separate from your criminal case, but the same evidence applies.
Do not assume that because this is your second offense, you have no options. Every case is different, and every case has weaknesses. Your attorney’s job is to find those weaknesses and exploit them.
How Long Does a DWI Second Offense Case Take
Most DWI cases in Denton County take between six and twelve months to resolve. Complex cases with multiple motions or expert testimony can take longer. Cases that go to trial often extend beyond a year.
The timeline depends on the court’s docket, the complexity of your case, and the willingness of the prosecutor to negotiate. Your attorney can expedite certain steps, but some delays are unavoidable. The key is to use that time wisely. Build your defense, gather evidence, and prepare for trial if necessary.
Can You Get Probation for a Second DWI
Probation is possible for a second DWI, but it’s not guaranteed. The judge has discretion to impose jail time as a condition of probation. Some defendants receive probation with three days in jail. Others receive probation with 30 or 60 days in jail. The amount of jail time depends on the facts of your case, your criminal history, and the judge’s sentencing philosophy.
Probation for a second DWI typically includes an ignition interlock device, DWI education classes, community service, random drug and alcohol testing, and regular check-ins with a probation officer. Violating any condition of probation can result in revocation and additional jail time.
How a Denton County DWI Second Offense Case Was Reduced
In one recent case, our client was arrested in Denton County for DWI over 0.15. The prosecution had breath test results showing a blood alcohol concentration well above the legal limit. The client had a prior DWI conviction, and the district attorney initially refused to reduce the charge.
Attorneys challenged the breath test results by showing that the machine had not been properly calibrated and that the officer failed to observe the client for the required 15 minutes before administering the test. The court suppressed the breath test results, and the state’s case fell apart.
The case was reduced to a standard DWI with a sentence of 120 days in jail and 12 months probation. While not a dismissal, the reduction saved the client from a harsher sentence and preserved options for future employment and housing.
Local Resources in Denton County
If you’ve been arrested for DWI second offense in Denton County, these local resources may be helpful:
- Denton County Jail – For bond and inmate information
- Denton County Justice of the Peace Courts – For magistrate and bond hearings
- Denton County Courts at Law – For misdemeanor DWI cases
- Denton County Sheriff’s Office – For arrest records
What to Expect From Varghese Summersett
When you hire Varghese Summersett, you’re not hiring a single attorney. You’re hiring a team of attorneys and legal assistants who work together to build your defense. We start by reviewing every piece of evidence the state has against you. We obtain dash camera footage, body camera footage, and breath test maintenance records. We interview witnesses and consult with experts when necessary.
We file motions to suppress evidence when your constitutional rights were violated. We challenge the reliability of field sobriety tests and chemical tests. We negotiate with prosecutors for reduced charges or alternative sentencing. If the case goes to trial, we prepare as if we expect to win.
Our clients have access to a secure online portal where they can view case documents, communicate with their attorney, and track the progress of their case. We respond to questions promptly, and we keep clients informed at every stage of the process.
Frequently Asked Questions
Will I definitely go to jail for a second DWI in Denton County?
Not necessarily. While jail time is a possibility, many defendants receive probation with jail as a condition rather than a straight jail sentence. The amount of jail time depends on the facts of your case, your attorney’s ability to negotiate, and the judge’s sentencing preferences. Some judges impose minimal jail time, while others impose the maximum. Your attorney’s relationship with the court and knowledge of local practices can make a significant difference.
Can I refuse the breath or blood test during a second DWI stop?
You can refuse, but there are consequences. Texas has an implied consent law, which means that by driving on Texas roads, you’ve already consented to chemical testing if lawfully arrested for DWI. Refusing the test results in an automatic 180-day license suspension for a second offense. The prosecution can also use your refusal as evidence of consciousness of guilt at trial. In many cases, refusing the test makes your case harder to defend, not easier.
How does a second DWI affect my commercial driver’s license?
A second DWI conviction results in a lifetime disqualification from holding a commercial driver’s license in Texas. There is no way to restore a CDL after a second DWI conviction. If your livelihood depends on driving commercially, fighting the charge becomes even more important. Even a reduced charge can preserve your ability to work.
Can I get a second DWI dismissed in Denton County?
Dismissals are possible but depend on the evidence. If your attorney identifies constitutional violations, procedural errors, or significant weaknesses in the state’s case, the prosecutor may agree to dismiss the charge. Suppression of key evidence often leads to dismissals because the state can no longer prove its case beyond a reasonable doubt. Every case is different, and dismissals require aggressive defense work from day one.
What’s the difference between a second DWI and a third DWI in Texas?
A third DWI in Texas is a third-degree felony, which carries two to ten years in prison and fines up to $10,000. Unlike a second DWI, which is a Class A misdemeanor, a third DWI is a state jail felony or higher depending on the circumstances. The consequences are significantly harsher, and the stigma of a felony conviction affects your rights for the rest of your life.
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Protect Your Rights and Your Record
A second DWI arrest in Denton County is serious, but it’s not the end of your story. With the right defense attorney, you have options. We’ve helped hundreds of clients fight DWI charges and avoid felony convictions. The sooner you call, the more options you have.
Call Varghese Summersett at (940) 252-2220 for a free consultation. We’re available 24/7 to discuss your case and build your defense.
