In Texas, a DWI conviction can lead to fines, a suspended driver’s license, jail time, and even the requirement to install an ignition interlock device (IID). Denton County, in particular, takes DWI cases seriously with law enforcement intensifying their weekend patrols and traffic stops, especially around nightlife areas.
If you’ve found yourself dealing with a DWI charge, our law firm is here to help. Our experienced DWI defense attorneys know the Denton County legal landscape inside and out and approach each case with empathy and compassion.
We’re here to listen, support, and defend your rights every step of the way.
Don’t Delay in Consulting Our Denton DWI Lawyers to Protect Your Rights
In Texas, you have only 15 days from the date of your arrest to request an Administrative License Revocation (ALR) hearing to contest the suspension of your license. Missing this narrow window can lead to an automatic suspension, making it vital to act fast.
Our experienced DWI lawyers are ready to help you take immediate steps to secure your rights. Working with us, you’ll receive guidance on your rights, have your next steps clearly laid out, and benefit from a proactive approach to gathering evidence for your case.
A DWI lawyer in Texas from our firm can provide the knowledgeable representation you need at your ALR hearing and beyond. Reach out to our law offices for a free consultation:
- Telephone: Contact us at either (972) 528-0481 or (888) 978-2756 for more information.
- Contact Page: Fill out our contact form here.
- Email: Email Our Team at info@mcconathylaw.com.
What to Do After a DWI Arrest in Denton
If you’ve been arrested for DWI in Denton, taking immediate steps to safeguard your rights and strengthen your defense is make or break. Follow these steps carefully to ensure you’re well-prepared:
- Stay Calm and Composed: Remaining calm during the arrest helps prevent the situation from escalating and allows you to think more clearly. Composure can also make interactions with law enforcement more straightforward.
- Exercise the Right to Remain Silent: Refrain from admitting fault or providing detailed statements. Anything you say can be used against you, so it’s best to wait until a lawyer is present before discussing the situation.
- Request Legal Representation: Ask for a lawyer from our firm as soon as possible. You have the right to an attorney, and it’s vital to have legal guidance before answering questions or proceeding with any testing.
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4. Preserve Evidence and Details: Take note of significant details, such as the time of arrest, your interactions with law enforcement, and any field sobriety or breath tests. These details can be critical for building a defense and we will use them when building your case.
5. Avoid Discussing the Case with Others: Limit your comments about the arrest to friends or family. Statements made to others can still end up as evidence, potentially affecting your defense.
6. Secure Witness Contact Information (if applicable): If anyone witnessed the arrest, try to obtain their contact details. Their testimony may help validate your account or challenge law enforcement’s version of events. If you’re unable to do this, we will as part of our evidence gathering.
7. Promptly Request an ALR Hearing: In Texas, you have just 15 days from your arrest date to request an Administrative License Revocation (ALR) hearing to contest the suspension of your license. This step is critical to preserving your driving privileges. If you hire us, we will handle this for you.
8. Avoid Social Media Posts Related to the Arrest: Refrain from posting details about your arrest or the situation on social media. Even unrelated posts can be misinterpreted, so it’s safest to avoid any online commentary until your case is resolved.
9. Plan for Alternative Transportation: Given the possibility of a temporary license suspension, arrange alternative transportation options to avoid further legal complications.
10. Attend All Court Dates and Appointments: Failing to appear in court can lead to additional penalties and even a warrant for your arrest. Be sure to mark court dates and arrive prepared, ideally with your attorney from our firm.
How Our Denton DWI Attorneys Can Help
Here’s how we assist clients in these challenging situations:
- Immediate Legal Guidance: Our attorneys offer prompt advice to help clients avoid unintentional self-incrimination and take protective measures right away. Texas DWI laws can be confusing, but our team knows the ins and outs and how to apply them to your situation, ensuring you’re fully informed from the start.
- Safeguarding Your Rights: Our lawyers will diligently ensure that all your rights are upheld and that law enforcement follows proper procedures during your arrest, holding authorities accountable to maintain fairness throughout.
- Detailed Case Evaluation: We thoroughly examine every aspect of your case, including evidence, police conduct, and any tests administered. This close review helps us uncover any issues that could strengthen your defense.
- Building a Personalized Defense: Our firm tailors defense strategies to your unique circumstances. We identify any procedural mistakes made by law enforcement, working to minimize or eliminate charges wherever possible.
- Court Representation and Negotiation Support: Our attorneys represent you in court with a strong voice, advocating for reduced penalties or alternative outcomes. Unlike less experienced lawyers who may push for a plea agreement as the default, we thoroughly examine all avenues, including challenging the case in court if it’s in your best interest.
Our DWI Lawyers in Texas are here to protect your rights and to ensure that you receive the fair treatment you’re entitled to. Contact our Denton criminal lawyers today for a free consultation!
Why Choose Our Denton DWI Lawyer?
Selecting the right DWI lawyer in Denton is essential for securing a strong defense and a favorable outcome. Our firm offers substantial local knowledge and a client-centered approach to DWI defense in order to serve you best during this challenging time.
- Local Knowledge and Expertise: Our team’s experience with Denton County courts, judges, and law enforcement gives us a strategic advantage in handling your case. Familiarity with local legal processes allows us to craft defense strategies suited to the specific environment here in Denton.
- Commitment to Client Outcomes: Our Denton DWI attorneys are dedicated to representing your interests, whether that involves negotiating with the prosecutor, pursuing a dismissal, or preparing for trial. We recognize the serious penalties that can accompany a DWI charge, including fines, license suspension, and possible jail time, and we work diligently to reduce these potential impacts on your life.
We understand how cases are handled in the area and use this knowledge to your advantage. In addition to serving Denton County and all of the towns and cities, our Texas DWI lawyers proudly serve clients in other nearby counties:
About Our DWI Lawyers In Denton
Richard C. McConathy
Cynthia Gonzalez
Jocelyn Umanzor
At the Law Offices of Richard C. McConathy, we focus exclusively on criminal defense, bringing over 35 years of experience in defending individuals against DWI and other criminal charges.
Our skilled attorneys are deeply committed to researching every fact, investigating cases thoroughly, and negotiating strategically with prosecutors to secure the best possible outcomes for our clients.
Whether it’s working toward reduced bail, lesser charges, or reduced sentences, we fight for every advantage in your defense. Our firm has earned an impressive record of over 1,000 successfully handled criminal cases, with more than 300 resulting in “Not Guilty” or “Dismissed” outcomes.
This success is a testament to our dedication to finding every possible detail that could turn a case in our client’s favor. Recognized for our extensive experience across the DFW area and our commitment to the North Texas community, we know the local courts well and bring seasoned trial experience to every client we represent.
You deserve the best, and our team is here to offer you expert perspectives, responsiveness, and realistic outcomes. With our combination of deep knowledge, proven results, and unyielding commitment to our clients, we provide the guidance needed to make informed decisions about your defense.
To learn more about how our dedicated Denton County criminal defense attorneys can help you, call us today to schedule an initial consultation.
DWI Defense Strategies Used by Our Firm
Our Denton DWI attorneys employ a range of strategies to effectively challenge DWI charges and advocate for the best possible outcome. We know that each DWI case is unique, and our team is dedicated to examining every detail to build a powerful, customized defense.
We employ several proven defense strategies to challenge DWI charges, each tailored to the specifics of your case:
- Questioning BAC Accuracy: We scrutinize the accuracy of Blood Alcohol Concentration (BAC) results, as errors in testing equipment or improper calibration can lead to unreliable measurements. Any flaws in the testing process can be grounds to dispute BAC evidence.
- Investigating Procedural Errors: Our team closely examines whether every field sobriety and chemical test was conducted in line with legal protocols. If any procedural errors occurred, they could invalidate evidence collected against you.
- Challenging Probable Cause for the Stop: Law enforcement must have a valid reason, or probable cause, to make the initial traffic stop. If they did not, we would challenge the legitimacy of the stop, which may lead to the dismissal of any evidence obtained during or after the stop.
By customizing our defense strategy, we aim to uncover any weaknesses in the prosecution’s case and create a targeted approach to achieve the best possible results, whether that involves reducing charges, challenging evidence, or pushing for case dismissal.
Types of DWI Offenses Our Denton DWI Attorneys Handle
DWI offenses can vary widely in Texas, each carrying unique penalties and long-term impacts. Our Denton DWI attorneys are experienced in defending clients across all types of charges, from first-time offenses to aggravated and felony DWIs.
Below is an overview of the cases we handle.
A first-time DWI offense in Texas is typically classified as a misdemeanor and carries various penalties, including fines, potential jail time, and license suspension. Penalties for a first offense may include:
- Fines up to $2,000
- Jail time ranging from 3 to 180 days
- License suspension for up to a year
- Possible installation of an ignition interlock device (IID)
Texas regulations allow for leniency for first-time offenders, and depending on the circumstances, certain cases may be eligible for alternative sentencing options, such as probation or community service.
A second DWI offense is treated more seriously, reflecting Texas’s harsher stance on repeat offenses. Penalties for a second DWI may include:
- Fines up to $4,000
- Jail time from 30 days to one year
- License suspension for up to two years
- Mandatory attendance in alcohol education or treatment programs
Third and subsequent DWI offenses in Texas are classified as felonies and carry significantly increased penalties. Repeat offenses often involve:
- Fines up to $10,000
- Prison time ranging from 2 to 10 years
- Permanent revocation of driving privileges
These offenses also carry long-term consequences, including a criminal record that can affect future employment and housing opportunities.
Certain factors can elevate a standard DWI to an aggravated or felony charge, leading to more severe consequences.
- High BAC Level: A BAC significantly above the legal limit, typically around 0.15% or higher, can lead to enhanced penalties.
- Accidents or Injuries: Causing an accident or injury while driving intoxicated usually results in harsher charges and penalties.
- Speeding or Reckless Driving: Driving excessively or engaging in reckless behavior can lead to an aggravated DWI charge.
These aggravated offenses are generally classified as felonies, carrying severe penalties such as long-term prison sentences, substantial fines, and a prolonged or permanent loss of driving privileges.
Driving under the influence of a minor (typically under 16 or 18) in the vehicle is considered a severe offense in Texas due to the risk posed to the child. Penalties for DWI with a minor passenger may include:
- Higher fines
- Extended jail or prison sentences
- Felony charges, even for a first-time offense
Additionally, this charge can impact family law cases, potentially affecting custody agreements and family court decisions. There are also long-term social implications, as the added stigma of endangering a minor can strain personal relationships.
Operating a boat while under the influence of alcohol or drugs is treated similarly to a DWI in Texas. As with a DWI, repeat BWI offenses carry harsher penalties and can lead to increased fines, extended jail time, and other long-term consequences like suspension of boating privileges.
This charge can lead to fines, jail time, and loss of piloting privileges. Just as with driving, the law aims to prevent accidents resulting from impaired judgment, making flying while intoxicated a high-stakes offense.
Penalties may include substantial fines, loss of commercial driving privileges, and jail time. For commercial drivers, even a first offense can lead to significant professional setbacks, including potential job loss.
This offense involves causing serious bodily injury to another person while driving under the influence. Intoxication assault is a felony in Texas and includes severe penalties such as prison sentences, substantial fines, and permanent impacts on driving privileges and future employment.
When a DWI results in the death of another person, the offense is classified as intoxication manslaughter, one of the most serious DWI-related charges. This felony can lead to lengthy prison sentences, significant fines, and permanent loss of driving privileges, in addition to the lifelong impact on the offender’s record.
Impaired driving refers to operating a vehicle under the influence of any substance, including alcohol, drugs, and other substances, that impairs judgment or reflexes. This charge includes penalties such as fines, jail time, and license suspension.Drug-Related DWI
Penalties include fines, jail time, and a suspended driver’s license. For drug-related DWIs, additional consequences may apply, such as mandatory treatment programs or probation conditions specific to substance use.
Charges and penalties can increase if a DWI incident results in property damage. Consequences may include restitution payments for damaged property, higher fines, and extended jail sentences, the severity of which depends on the extent of the damage caused.
Underage individuals caught driving under the influence face DWI charges, often with penalties such as fines, license suspension, and mandatory alcohol education courses. Texas imposes a zero-tolerance policy for underage DWI, meaning any trace of alcohol in the system can lead to charges, with penalties increasing for repeat offenses.
In addition to DWI charges, individuals may face other related offenses with their own penalties. These include:
- Public Intoxication
- Minor in Possession of Alcohol
- Open Container in Vehicle
- Possession of Alcoholic Beverage in Motor Vehicle
- Possession of a Controlled Substance
- Possession of Marijuana
- Possession of Drug Paraphernalia
- Resisting Arrest
- Common Moving Violations
Each offense comes with its own set of legal consequences, which can compound the severity of a DWI charge and impact fines, sentencing, and long-term legal outcomes.
No matter your situation, our experienced Denton DWI lawyer is here for you. Reach out to us today so we can help!
What is DWI? Understanding DWI Charges in Denton
In Texas, DWI, or “driving while intoxicated”, is defined as operating a vehicle under the influence of alcohol or drugs to a level that impairs one’s ability to drive safely.
Texas law uses specific Blood Alcohol Concentration (BAC) limits to determine legal intoxication, with different thresholds for various categories of drivers:
- Legal BAC Limit for Adults: In Texas, the legal BAC threshold for most adult drivers is 0.08%. Exceeding this limit typically constitutes a DWI offense, even if the driver feels capable of operating a vehicle.
- Underage Drivers and Zero Tolerance: Texas enforces a “zero tolerance” policy for drivers under 21, meaning any detectable amount of alcohol in the system can lead to a DWI charge. This strict standard aims to discourage underage drinking and driving.
- Commercial Drivers: Commercial drivers are held to an even stricter BAC limit of 0.04%. The reduced threshold reflects the increased responsibility of commercial vehicle operators and the potential for greater harm if impaired.
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A DWI charge in Denton carries both immediate and long-term penalties. These can escalate with repeated offenses and may have lasting consequences on various aspects of a person’s life.
- Fines: For a first-time DWI offense, fines typically range up to $2,000, though specific amounts can vary depending on Denton County regulations and the circumstances of the case.
- Jail Time: A first DWI offense in Denton may lead to jail time, usually between 3 to 180 days. Jail time often increases with each subsequent offense, with repeat offenders facing longer sentences.
- License Suspension: License suspension is a common consequence, with a first offense resulting in a suspension of up to one year. Additional requirements, such as the installation of an ignition interlock device (IID), may also be mandated to regain driving privileges.
- Escalated Penalties for Repeat Offenses: Penalties increase significantly with each DWI conviction. A second offense may involve fines up to $4,000, longer jail sentences, and extended license suspension periods. Third or subsequent offenses can lead to felony charges, with harsher fines and sentences, including several years of imprisonment.
- Felony Charges: After multiple DWI offenses, charges may escalate to a felony level. Felony DWIs carry severe consequences, such as large fines, prolonged or permanent license revocation, and substantial prison sentences.
- Driver’s License Revocation: Multiple or particularly severe DWI offenses can lead to the long-term or permanent revocation of a driver’s license, making it challenging to regain driving privileges in the future.
Beyond immediate penalties, a DWI conviction in Denton can have far-reaching consequences that extend well beyond the courtroom.
- Employment Consequences: Many employers conduct background checks, and a DWI conviction may limit job opportunities, particularly in fields that require a clean driving record or involve handling sensitive responsibilities.
- Insurance Implications: A DWI conviction often results in higher auto insurance premiums. Drivers with a DWI may also need to obtain an SR-22, a form of high-risk insurance required to prove financial responsibility, which is typically more costly.
For first-time offenders, Texas law may allow some leniency, such as alternative sentencing options or probation. However, penalties can still be significant, with potential fines, jail time, and a suspended license.
First-time offenders may also be required to install an IID, attend alcohol education programs, or complete community service.
Repeat DWI offenses are treated more severely in Texas, with enhanced fines, increased jail time, and prolonged license suspensions. Mandatory alcohol education or treatment programs often accompany a second offense, while a third or subsequent offense can result in felony charges, leading to extended prison terms and long-lasting impacts on various areas of life.
A DWI conviction can have enduring consequences that affect financial stability, personal freedom, and professional opportunities. Higher insurance rates, potential job restrictions, and a permanent criminal record are common outcomes, making it necessary to understand the full scope of a DWI charge before moving forward.
Contact a DWI Attorney in Denton Today!
If you’re facing a DWI charge in Denton, don’t wait—time is critical. You have limited days to take action, and an experienced attorney can make all the difference.
Reach out to our firm today to schedule your free initial case evaluation and get the guidance you need to protect your rights and your future.
- Telephone: Call us today at either (972) 528-0481 or (888) 978-2756.
- Contact Page: Get in Touch with us via our contact page.
- Email: Email Our Team at info@mcconathylaw.com.
Take the first step now and secure the support of our skilled legal team for your criminal offense.
FAQs For Cases in Denton County
How do I beat a DWI charge in Texas?
To beat a DWI charge in Texas, it’s essential to have a skilled attorney who can examine procedural details, challenge evidence, and question BAC accuracy. An attorney can investigate errors made during your arrest or testing, which could lead to a reduced charge or even case dismissal.
Is DWI worse than DUI in Texas?
In Texas, a DWI (Driving While Intoxicated) is generally considered more severe than a DUI (Driving Under the Influence), as it applies to adults driving with a BAC of 0.08% or higher.
How many DWI cases get dismissed in Texas?
Approximately 30-40% of DWI cases in Texas are dismissed, although this depends on specific case factors and the defense presented. A strong defense strategy, which includes investigating procedural errors, challenging evidence accuracy, and negotiating with prosecutors, can increase the chances of dismissal or reduced charges.
Can you avoid jail time for the first DWI in Texas?
Yes, jail time for a first DWI offense in Texas can often be avoided if no aggravating factors are present. Options such as probation, community service, and alcohol education programs are available for many first-time offenders, depending on the case specifics and defense presented by your attorney.
Can a DWI be reduced in Texas?
Yes, a DWI charge may be reduced in Texas. With a strong defense, an attorney can negotiate for a lesser charge, like reckless driving, by challenging evidence, identifying procedural issues, or presenting mitigating factors.
Reduced charges often lead to lighter penalties and fewer lasting consequences.