If you’ve been arrested for driving while intoxicated (DWI) in Denton County, Texas, you may be feeling anxious, overwhelmed, and uncertain about what comes next. A DWI charge is serious, and the consequences can affect every part of your life — from your driver’s license to your employment opportunities, to your freedom.
But you don’t have to face this situation alone. Understanding how DWI laws work in Texas, how Denton County prosecutes these cases, and what a criminal defense attorney can do for you is the first step in protecting your future.
What is DWI in Denton County Under Texas Law?
In Texas, you can be charged with DWI if you are:
- Driving with a blood alcohol concentration (BAC) of 0.08% or higher; or
- Driving while impaired by alcohol, drugs, or a combination of both, even if your BAC is under 0.08%.
Denton County law enforcement takes DWI cases seriously. Police often rely on field sobriety tests, breath tests, and sometimes blood draws to build their case. Unfortunately, these tests are not always reliable — and mistakes happen.
Types of DWI Offenses in Texas
Texas DWI laws are complex, and the state recognizes several different types of DWI offenses—each carrying its own set of penalties and long-term consequences. If you’re facing DWI charges in Denton County, understanding the specific nature of your DWI offense is crucial to building an effective defense strategy. An experienced DWI defense attorney can help you navigate these charges and work to minimize the impact of a DWI conviction on your life.
Here are some of the most common DWI offenses under Texas law:
First DWI Offense: A first DWI is usually a Class B misdemeanor, but if your blood alcohol concentration (BAC) is 0.15 or higher, the charge can be elevated. Even a first DWI offense can result in county jail time, fines, and license suspension, making it essential to have a strong DWI defense from the start.
Repeat DWI Offenses: Texas imposes harsher penalties for repeat offenders. A second DWI charge is a Class A misdemeanor, while a third or subsequent DWI offense is considered a felony DWI, carrying the risk of felony charges, longer jail or prison sentences, and higher fines.
Felony DWI: Felony DWI charges can arise from multiple prior convictions or if you have a previous felony DWI on your record. These cases often result in significant prison time and the loss of driving privileges, making skilled legal representation critical.
Intoxication Manslaughter: If a DWI results in the death of another person, you could be charged with intoxication manslaughter—a second-degree felony. This is one of the most serious DWI offenses in Texas, with penalties that can include up to 20 years in prison and substantial fines.
Intoxication Assault: When a DWI causes serious bodily injury to another person, the charge becomes intoxication assault, a third-degree felony. These cases are aggressively prosecuted in Denton County, and a conviction can mean up to 10 years in prison.
DWI with a Child Passenger: Driving while intoxicated with a child under 15 in the vehicle is a separate felony offense. This charge brings additional penalties, including possible state jail time and a hefty fine, and can have a lasting impact on your criminal record.
Commercial DWI: Commercial drivers are held to stricter standards under Texas DWI laws. A DWI conviction can result in the loss of a commercial driver’s license, ending a career and leading to severe financial consequences. Commercial drivers facing DWI charges need a defense strategy tailored to protect their livelihood.
Boating While Intoxicated (BWI): Operating a boat or watercraft while intoxicated is also a criminal offense in Texas. BWI charges can lead to jail time, fines, and the same long-term consequences as a DWI involving a motor vehicle.
No matter the type of DWI offense, the stakes are high. The right DWI defense attorney in Denton County can make a significant difference in the outcome of your case. With experienced legal representation, you can fight to protect your rights, your driving privileges, and your future. If you’re facing DWI charges, don’t wait—consult with a skilled DWI defense attorney to discuss your defense strategy and take the first step toward safeguarding your future.
DWI Penalties in Texas
The penalties for a DWI conviction depend on whether it’s your first offense or if you have prior convictions.
First Offense (Class B Misdemeanor):
- Up to 180 days in jail
- Fines up to $2,000
- License suspension from 90 days to 1 year
- A DWI conviction can also result in significant court costs and legal fees, which are in addition to fines and other penalties.
Second Offense (Class A Misdemeanor):
- Up to 1 year in jail
- Fines up to $4,000
- License suspension up to 2 years
- A DWI conviction can also result in significant court costs and legal fees, which are in addition to fines and other penalties.
Third Offense (Third-Degree Felony):
- 2 to 10 years in prison
- Fines up to $10,000
- License suspension up to 2 years
- A DWI conviction can also result in significant court costs and legal fees, which are in addition to fines and other penalties.
Additional penalties may include probation, mandatory alcohol education classes, community service, and the installation of an ignition interlock device in your vehicle. A jail sentence may be imposed depending on the severity of the offense and prior convictions.
Texas law also requires DWI offenders to demonstrate financial responsibility, often by filing an SR-22 certificate, in order to reinstate their driving privileges.
What Makes Denton County Unique?
Denton County courts are known for being tough on DWI cases. Prosecutors often pursue harsh penalties, even for first-time offenders. Local law enforcement, including the Denton Police Department, the Denton County Sheriff’s Office, and state troopers, are all highly active in conducting DWI patrols and checkpoints.
This means two things:
- The odds of being pulled over are high.
- The need for an experienced Denton County defense attorney is even higher.
Denton County DWI cases require specialized knowledge, and hiring a Denton DWI lawyer can make a significant difference in the outcome of your case. Denton County DWI lawyers are dedicated to defending clients against local DWI charges and are familiar with the unique challenges of the Denton County court system.
Knowing the local courts, prosecutors, and judges can make a significant difference in how your case is handled.
The DWI Process in Denton County
If you are arrested for DWI in Denton County, here’s what typically happens in a DWI case:
- Arrest and Booking – You’ll be taken to jail, fingerprinted, and photographed.
- Administrative License Revocation (ALR) Hearing – You only have 15 days from the date of your arrest to request a hearing to contest the suspension of your Texas driver’s license. Failing to act can result in losing your driving privileges.
- Court Appearances – You’ll attend arraignment and pre-trial hearings. Plea negotiations often happen here. If your driver’s license is suspended, you may be eligible to apply for an occupational license, which allows limited driving for work, school, or essential needs.
- Trial – If your case goes to trial, you have the right to a jury trial in your DWI case, where a jury will determine the outcome.
- Sentencing – If convicted, sentencing may include fines, jail time, probation, or other penalties.
Common Defenses Against DWI Charges
Not every DWI arrest leads to a conviction. A skilled defense attorney will look for weaknesses in the DWI prosecution’s case and focus on defending clients by challenging the evidence and arguments presented. A strong defense strategy is essential to challenge the DWI prosecution’s evidence and arguments.
- Improper Traffic Stop – Did the police officer have a valid reason to pull you over? Questioning the police officer’s actions and observations during the stop is crucial.
- Field Sobriety Test Errors – Were the tests conducted properly? Many are subjective and unreliable.
- Breath Test Inaccuracy – Breathalyzers must be maintained and calibrated; otherwise, results may be invalid.
- Blood Test Issues – Chain of custody errors, lab mistakes, or contamination can lead to faulty results.
- Violation of Rights – If your constitutional rights were violated during the arrest, evidence may be suppressed.
Why Hiring a Denton County Criminal Defense Attorney Matters
Facing a DWI without a lawyer is risky. The law is complex, and prosecutors are aggressive. Hiring an experienced attorney or experienced DWI lawyer is crucial to ensure your rights are protected and to improve your chances of a favorable outcome. A defense attorney can:
- Challenge the evidence and police procedures.
- As your DWI lawyer, represent you at the ALR hearing to protect your license.
- As your DWI lawyer, negotiate with prosecutors for reduced charges or penalties.
- Take your case to trial if necessary.
Most importantly, a lawyer who practices in Denton County will know the local system — the judges, the prosecutors, and the strategies that work best here. The criminal defense attorneys at a reputable law firm in Denton County have the local knowledge and experience needed for DWI cases. An experienced DWI attorney can help you navigate the complexities of the legal system and improve your chances of a favorable outcome.
Long-Term Consequences of a DWI Conviction
Beyond fines, jail, and license suspension, a DWI conviction can have lasting effects:
- Employment: Many employers run background checks and may refuse to hire someone with a DWI record.
- Insurance: Car insurance rates often skyrocket after a DWI conviction.
- Reputation: A DWI conviction can damage your standing in the community, especially in a smaller city or county.
- Future Charges: Prior convictions lead to harsher penalties if you’re arrested again.
This is why fighting your DWI charge aggressively is essential.
What To Do After a DWI Arrest in Denton County
If you’ve been arrested for DWI, here are the immediate steps you should take:
- Contact a criminal defense attorney immediately. The earlier you involve a lawyer, the better your defense will be. Schedule a free consultation or initial consultation at a local law office to discuss your case and legal options with an experienced attorney.
- Request an ALR hearing within 15 days. Otherwise, your license will be automatically suspended.
- Do not discuss your case with anyone other than your lawyer. Anything you say can be used against you.
- Gather evidence such as receipts, witness names, or other details that could support your defense.
A DWI in Denton County, Texas is a serious charge with serious consequences. But it doesn’t have to define your future. With an experienced criminal defense attorney on your side, you can challenge the evidence, protect your license, and fight for the best possible outcome.
Attorney Grant Frankfurt
Attorney Grant Frankfurt is a highly experienced criminal defense lawyer based in Dallas, Texas. For over a decade, Grant Frankfurt has helped individuals navigate the criminal justice system while minimizing the effects of charges. Schedule a consultation today online or call me at (214) 775-5050.
