Benson Varghese
Founder & Managing Partner
- Board Certified in Criminal Law
- 100+ jury trials, state and federal
- Adjunct faculty, Baylor Law School
Fort Worth DWI Lawyer
A DWI arrest is not a DWI conviction. Your fight is ours.
Best Lawyers · 2026 Varghese Summersett is home to the only lawyers in Fort Worth recognized by Best Lawyers for DUI / DWI Defense in 2026.
3 Board Certified in Criminal Law 300+ Intoxication Cases Tried 1,400+ 5-Star Reviews .359 BAC Not Guilty
If you were arrested for DWI in Fort Worth, your most urgent risks are losing your license, missing the 15-day ALR deadline, and saying something that hurts your case. We defend DWI charges in Tarrant County every day, from first-offense misdemeanors to felony repeat offenses, intoxication assault, and intoxication manslaughter.
Three of our attorneys are Board Certified in Criminal Law by the Texas Board of Legal Specialization, a distinction held by fewer than 10% of Texas attorneys. Several of us are former Tarrant County prosecutors. Our office at 300 Throckmorton Street sits three blocks from the courthouse, so we are in front of these judges and prosecutors constantly.
Recognized by
Best Lawyers Super Lawyers Texas Monthly Expertise.com Fort Worth Magazine
What You Need to Know
- A DWI arrest triggers two separate cases in Texas: a criminal case and a civil case against your driver license.
- You have only 15 days from your arrest to request an ALR hearing, or your license is suspended automatically.
- A first-time DWI is a Class B misdemeanor, but it can still carry jail time, and a conviction is permanent.
- The State has to prove you operated a vehicle while intoxicated at the same point in time. That is where many cases break.
- The stop, the arrest, the warrant, and the testing can all be challenged. Early intervention matters most.
Not Guilty · .359 BAC
Four Times the Limit. Not Guilty.
The Facts
Most lawyers will tell you a DWI is unwinnable when the blood result comes back at four times the legal limit. We do not take anything for granted. On paper, this was the State's case to lose. The evidence of intoxication was strong, and there was circumstantial evidence that the vehicle had been operated recently. For most defense lawyers, that combination ends the conversation. For us, it raised the only question that actually mattered.
The Argument
A DWI in Texas is not proven by intoxication alone. The State has to prove that our client operated the vehicle while intoxicated. Those two facts have to line up at the same moment in time. The vehicle was found in a condition where it was no longer drivable, and officers arrived after the fact.
As we pressed the State's witnesses on cross-examination, the timeline came apart. The prosecution could not establish when the vehicle had last been operated before officers found it. The State had great facts of intoxication and great facts of operation. It did not have them at the same time.
The Verdict
The jury agreed with our argument. Our client walked out without a DWI conviction. That is the standard we hold the State to in every case we touch.
A high number on a lab report is not the same thing as proof beyond a reasonable doubt.
Benson Varghese, Managing PartnerHow We Beat DWI Cases in Fort Worth.
Outright dismissals are rare. From 2014 to 2019, Tarrant County averaged just over 5,000 misdemeanor DWI filings a year, and only about 100 were dismissed annually. Getting into that small group takes knowing exactly where these cases break. Open any defense below to see how we use it.
The stop was bad
An officer needs specific, articulable facts to pull you over. They get this wrong more often than you would think, and dashcam or bodycam video frequently contradicts the officer's stated reason. When the stop is bad, everything that comes after it can be suppressed.
There was no probable cause to arrest
Most lawyers focus only on how you performed on the field sobriety tests. We have had results thrown out because the officer administered the tests incorrectly in the first place. Your normal is also affected by rest, time of day, footwear, and medical conditions the officer never accounts for. If probable cause was never properly developed, we move to suppress.
The blood warrant was defective
The affidavit for a blood-draw search warrant has to establish probable cause for the magistrate. When it does not, the blood result can be suppressed. If an officer included false statements in the affidavit, knowingly or with reckless disregard for the truth, we can challenge it through a Franks hearing.
The testing was unreliable
We stay current on local lab issues, technician problems, and equipment failures, and we have gotten breath and blood results excluded on multiple occasions. We also work with experts on retrograde extrapolation, because your BAC at the time of testing can be very different from your BAC when you were actually driving.
The State cannot prove operation while intoxicated
This is the principle behind our .359 acquittal above. If the State cannot prove that you operated the vehicle at the same time you were intoxicated, it cannot prove the offense. We look for that gap in every case.
Results That Speak for Us.
Across the firm, our attorneys have secured more than 700 favorable pretrial dispositions and 29 jury-trial acquittals. On the intoxication side specifically, here are representative outcomes our team has obtained in Tarrant County.
- Not GuiltyDWI jury trial at a .359 BAC, more than four times the legal limit.
- DismissedFelony DWI (third or more) charges dismissed on multiple cases.
- No-BilledIntoxication assault case no-billed by a Tarrant County grand jury.
- DismissedIntoxication assault with serious bodily injury dismissed on the State's motion.
- ReducedFelony intoxication assault reduced to a misdemeanor.
DWI Defense Is Local.
The officers, the testing practices, the courts, and the prosecutors all behave differently from county to county. We are in the Tarrant County courthouse week in and week out, and that local knowledge matters to your case.
Where arrests happen
A large share of the Fort Worth DWI cases we see start in the same places: the West 7th entertainment district, Sundance Square, and the Stockyards, plus traffic stops along I-35W, I-30, Loop 820, and the Chisholm Trail Parkway. Fort Worth police run enhanced DWI enforcement and no-refusal periods around holidays like New Year's Eve and the Fourth of July, when on-call magistrates are ready to sign blood warrants the moment a driver refuses.
Where your case is heard
Misdemeanor DWIs in Tarrant County are prosecuted in the County Criminal Courts at Law, and felony intoxication cases are heard in the district courts. Most criminal proceedings run through the Tim Curry Criminal Justice Center on West Belknap Street in downtown Fort Worth. After an arrest you are typically booked into the Tarrant County Jail before bonding out.
Your license clock
A DWI arrest starts a separate civil case against your driver license through the Texas Department of Public Safety. You have only 15 days from the arrest to request an Administrative License Revocation hearing. Miss it, and your license is suspended automatically. We request the ALR hearing in every case, both to protect your license and to put the arresting officer under oath early.
Varghese Summersett · Fort Worth
One City Place Building
300 Throckmorton Street, Suite 700
Fort Worth, Texas 76102
DWI in Texas, Explained.
What the State must prove
The definition of DWI in Chapter 49 of the Texas Penal Code never uses the word "driving." To convict you, the State must prove that, on or about a date, you operated a motor vehicle while intoxicated. "Intoxicated" means you lost the normal use of your mental or physical faculties because of an intoxicant, or you had a blood or breath alcohol concentration of .08 or more. The first two are subjective, and "normal" is not even defined, which is one reason a case without a specimen is often vulnerable.
DUI vs. DWI in Texas
| DUI (under 21) | DWI |
|---|---|
| Drivers under 21 only | Age is not a factor |
| Any detectable alcohol | Any intoxicant: alcohol, illegal or prescription drugs |
| Class C, up to $500 fine | Class B, 3 to 180 days jail |
The three field sobriety tests (and why they fail)
Field sobriety tests are voluntary in Texas. The NHTSA recognizes only three: the Horizontal Gaze Nystagmus eye test, the Walk-and-Turn, and the One-Leg Stand. They were designed in the 1970s. Medical conditions, age, weight, footwear, road surface, weather, and ordinary nervousness can make a sober person fail. You can read why we tell people to refuse field sobriety tests.
What to expect after a DWI arrest
After arrest, the officer will ask for breath or blood. If you refuse, the officer will usually seek a warrant. You will be booked into the Tarrant County Jail and a bond will be set, often with conditions like no alcohol or an ignition interlock. Then two tracks run at once: the criminal case and the ALR license case with its 15-day deadline. The sooner you have a lawyer, the more of these moving parts we can control.
What a Fort Worth DWI Costs You.
| Offense | Punishment Range |
|---|---|
| DWI, first offense (Class B) | 3 to 180 days jail, up to $2,000 fine |
| DWI, BAC .15 or greater (Class A) | Up to 365 days jail, up to $4,000 fine |
| DWI with a child passenger | State jail felony, 180 days to 2 years, up to $10,000 fine |
| Intoxication assault | 3rd-degree felony, 2 to 10 years prison, up to $10,000 fine |
| Intoxication manslaughter | 2nd-degree felony, 2 to 20 years prison, up to $10,000 fine |
Beyond the sentence, a first DWI commonly costs $15,000 to $20,000 once you add attorney fees, license fees, court costs, probation and class fees, and higher insurance. A conviction is permanent and cannot be sealed or expunged. The penalties climb fast when an intoxication case causes injury or involves a child, which is why we defend the most serious related charges too: intoxication assault, intoxication manslaughter, and DWI with a child passenger.
The Lawyers Who Try These Cases.
Board Certification in Criminal Law is the highest credential a Texas criminal defense attorney can hold. Fewer than 10% of Texas attorneys in any specialty earn it. Three of ours have. We are also home to the only lawyers in Fort Worth recognized by Best Lawyers for DUI / DWI Defense in 2026.
Anna Summersett
Partner
- Board Certified in Criminal Law
- Former Tarrant County prosecutor
- Extensive DWI and felony trial record
Letty Martinez
Attorney
- Board Certified in Criminal Law
- Former prosecutor
- Spanish-speaking trial attorney
Recognized by the Right People.
Dallas Observer · Best of Dallas Readers' Choice
Voted Best DWI Firm in Dallas
Our most DWI-specific honor, decided by readers across the Metroplex.
Best Lawyers in America · 2026
The only Fort Worth lawyers listed for DUI / DWI Defense
Super Lawyers & Rising Stars
Listed in the DUI-DWI category for Fort Worth
Our attorneys appear as top-rated DUI-DWI lawyers under both designations.
Fort Worth Magazine · 2025
17 firm attorneys named to Top Attorneys
Fort Worth Star-Telegram
Voted a DFW reader favorite
360 West Magazine
Attorneys named Top Attorneys, year after year
How We Beat DWI Cases in Tarrant County.
Client Reviews
1,400+ Five-Star Reviews.
Fort Worth DWI Questions.
How much does a DWI lawyer cost in Fort Worth?
DWI lawyer fees in Fort Worth vary with the complexity of the case and the lawyer's trial experience. Demand drives price, and demand is driven by real Tarrant County trial results. A first-time DWI commonly costs $15,000 to $20,000 over its lifetime once you add attorney fees, license fees, fines, court costs, probation and class fees, and higher insurance. We offer free consultations to discuss fees for your specific situation.
Is it worth getting an attorney for a DWI?
Yes. A Texas DWI conviction is permanent and cannot be expunged. It carries jail exposure, fines, a license suspension, and lasting insurance and employment consequences. An experienced DWI lawyer can find defenses, like a bad stop, an improper arrest, faulty testing, or the State's inability to prove operation while intoxicated, that most people and many attorneys miss.
Can you beat a DWI in Texas?
Yes. We have obtained dismissals, suppression, reductions, and acquittals, including a Not Guilty verdict at a .359 BAC. DWI cases are won by attacking the stop, the arrest, the warrant, the testing, and the State's burden to prove that operation and intoxication occurred at the same time.
How likely is jail time for a first DWI in Fort Worth?
For a first-time misdemeanor DWI, the chances of staying out of jail as punishment are very good if you follow your attorney's advice. Most first offenses resolve through dismissal, reduction, deferred adjudication, or probation rather than a jail sentence.
What is an ALR hearing, and why does the 15-day deadline matter?
An Administrative License Revocation hearing is a separate civil proceeding that decides whether your driver license is suspended after a DWI arrest. It does not require a criminal conviction. You must request it within 15 days of your arrest, or your license is suspended automatically. It is also an early chance to question the arresting officer under oath.
Is a DWI a misdemeanor or a felony in Texas?
A first DWI is generally a Class B misdemeanor, enhanced to a Class A misdemeanor at a .15 or greater BAC. It becomes a felony with a child passenger, on a third or subsequent offense, or where there is intoxication assault or intoxication manslaughter.
Benson Varghese is the founder and managing partner of Varghese Summersett. He is Board Certified in Criminal Law by the Texas Board of Legal Specialization, has handled more than 100 jury trials in Texas state and federal courts, and serves as adjunct faculty at Baylor Law School. Read his full bio or connect on LinkedIn.
Published February 21, 2024 · Updated May 25, 2026
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