Gillespie County DWI Court Process

Gillespie County didn't just experience Rothgery v. Gillespie County — it wrote the rule the rest of the country now follows. Walter Rothgery spent months in the county jail in 2002 without a lawyer, arrested on a felon-in-possession charge based on a prior conviction that turned out to be a diversionary dismissal, not an actual felony. Because no prosecutor had formally filed charges yet, the county's procedures at the time never triggered his right to counsel. The Supreme Court disagreed, 8-1, ruling in 2008 that the right to counsel attaches at the first appearance before a magistrate, whether or not a prosecutor is in the room. Local courts have operated under that shadow ever since: magistration warnings get read with unusual exactness, and a jailhouse request for a lawyer now has to reach the appointing judge within 24 hours.

Where a DWI case lands depends on the charge. First and second offenses, along with most misdemeanor DWIs, go to the County Court at Law, presided over by Judge Christopher G. Nevins at 101 West Main Street, Room 208. Judge Nevins runs a tight docket and allows Zoom appearances for some uncontested matters, but expects strict compliance otherwise. County Attorney Steven Wadsworth's office prosecutes these cases and leans heavily on body-camera footage when evaluating a plea. Felony DWI, meaning a third offense or higher, intoxication assault, or drug possession over a gram, goes instead to the 216th Judicial District Court under Judge Patrick Pattillo, with District Attorney Lucy Wilke prosecuting. A new district court, the 499th, was created under House Bill 3474 effective January 1, 2025, specifically to split the growing felony caseload Gillespie shares with neighboring Kerr County and speed up trial scheduling.

Before any of that, four Justices of the Peace, one per precinct, handle Class C offenses and serve as the county's magistrates, reading rights and setting bail at the very first appearance.

Most DWI defense here centers on two things: the roadside environment and the blood draw. Gillespie County runs an effective continuous "No Refusal" policy, meaning any refused breath or blood test triggers an immediate warrant request to an on-call magistrate, so refusal cases are rare and most disputes shift to challenging gas chromatography results and chain-of-custody procedures instead. Defense attorneys also frequently attack field sobriety test results given the roadside conditions common on Hill Country highways: gravel shoulders, strobing patrol lights, and uneven terrain that can affect balance regardless of intoxication. Local defense practice tends to be insular, and attorneys unfamiliar with the county's particular courtroom customs can find that a real disadvantage.

Sources

• Gillespie County Court at Law Judge
• HB 3474, 88th Texas Legislature