Little Elm DWI Attorney

A Denton County Case, Not Collin

Little Elm sits on the northern and eastern shores of Lewisville Lake, entirely in Denton County. That surprises many people who live and work in nearby Frisco: a Little Elm DWI is prosecuted by the Denton County Criminal District Attorney’s Office and heard in Denton, not McKinney. Misdemeanor DWIs go to the County Criminal Courts at 1450 E. McKinney Street in Denton; felonies go to a District Court.

On the Road or on the Lake

Little Elm DWI stops tend to happen in two places:

• The roads. Little Elm Police patrol Eldorado Parkway, the town’s main street, which crosses the lake on the Lewisville Lake Toll Bridge, and FM 423 along the eastern edge of town. Weekend traffic leaving the lakefront and the Lakefront district is a common source of stops.
• The water. Operating a boat while intoxicated is its own offense, Boating While Intoxicated (Penal Code § 49.06), with the same penalty range as a first DWI. Game wardens and other officers patrol the lake, and they can stop a boat without the kind of traffic violation needed on the road.

The First Two Weeks

1. Bond. A magistrate sets bond and conditions, which may require an ignition interlock device.
2. The license deadline. After a DWI arrest, request an ALR hearing within 15 days of the arrest notice, or your license is suspended automatically on the 40th day.
3. Preserve the evidence. Video from the stop, the booking, and any boat stop should be requested early.

Penalties

A first DWI or BWI is a Class B misdemeanor with 72 hours to 180 days in jail and a fine up to $2,000; at 0.15 or more it becomes a Class A misdemeanor. A DWI conviction adds a state traffic fine of $3,000 or more. Deferred adjudication is available for many first offenses, except at 0.15 or above or for commercial license holders.

A Former Officer and Prosecutor on Your Side

Al Rowland is a former police officer certified to administer Standardized Field Sobriety Tests and a former prosecutor in Colorado. Field sobriety tests are designed for flat, dry ground. When they’re given at a boat ramp, on a dock, or after hours in the sun and wind on the water, the results deserve close scrutiny.

Frequently Asked Questions

I was arrested on Lewisville Lake. Is that a DWI?

Usually it’s charged as Boating While Intoxicated, a separate offense with similar penalties. The defense issues are different, starting with how and why the boat was stopped.

My case is in Denton. Can a Frisco lawyer handle it?

Yes. We defend clients in both Collin County and Denton County courts.

Can I keep driving?

If a license suspension takes effect, you may qualify for an occupational driver’s license, often with an ignition interlock.

Call Before the 15 Days Run Out

Call (469) 895-6555 or request a free, confidential DWI case review. Law Office of Al Rowland, PLLC, 6160 Warren Pkwy, Suite 100, Frisco, TX 75034, about 15 minutes from Little Elm. See also: Denton County criminal defense.

This page provides general information, not legal advice. Every case depends on its own facts.