El Paso DWI Lawyer
Defending Against Charges for Driving While Intoxicated
Driving while intoxicated (DWI) is a serious offense that can result in the loss of your license, a hefty fine, and jail time. Without the help of a qualified attorney, you could face severe penalties upon conviction. An El Paso DWI lawyer can help you navigate the criminal and administrative hearing process, fighting the charges against you.
At the Huerta Law Firm, we represent individuals who have been arrested or charged with driving while intoxicated (DWI) in El Paso or the surrounding areas. We provide dedicated defense for all alcohol-related offenses. If you or a loved one are facing DWI or DUI charges, contact our office at (915) 629-9988 for a free consultation.
What Are DWI Charges?
DWI or driving while intoxicated is a violation of Section 49.04 of the Texas Penal Code. The legal drinking driving limit is 0.08% blood alcohol concentration (BAC). If a blood, breath, or urine test shows that your BAC is above the legal limit, you can be arrested and subsequently convicted of DWI.
Contrary to popular belief, you can also be arrested for DWI if your blood alcohol concentration is under 0.08%. If the amount of alcohol in your system affects “the normal use of mental or physical faculties,” you may be considered intoxicated and could face DWI charges. However, this form of intoxication is more difficult to prove.
Regardless of the circumstances, you should consult with an attorney if you are arrested for DWI. You only have a limited amount of time to place a stay on the automatic suspension of your license.
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What Are the Penalties for a DWI in El Paso?
DWI and other alcohol-related charges are strictly prosecuted in Texas. In an effort to reduce drunk driving accidents, the state has imposed harsh punishments even for first-time offenders.
Penalties for a DWI in El Paso:
- First Offense DWI – up to a $2,000 fine, up to 180 days in jail with three days mandatory, and the loss of your driving privileges for up to a year.
- Second Offense DWI – a fine not to exceed $4,000, one month to a year in jail, and up to a two-year license suspension or revocation.
- Third offense DWI – up to a $10,000 fine, two to ten years in prison, and the loss of your driving privileges for up to two years.
There are several enhancements that can increase the penalties associated with a DWI charge. For instance, you could be charged with child endangerment if you have a child under the age of 15 in your car at the time of your arrest. You could face additional punishments if your blood alcohol level is over .15% or if you caused injury to another person.
For these reasons and more, it is always in your best interest to consult with an El Paso DWI lawyer immediately after your arrest.
Do DWI Cases Get Dismissed?
Just because you are arrested for a DWI does not mean that you will be convicted. There are many defenses that arise in drunk driving cases.
DWI defenses that may help get your case reduced or dismissed:
- Inaccurate blood or breath test
- Chain of custody issue
- Lack of probable cause
- Violation of constitutional rights
- Unwarranted search and seizure
- Improper field sobriety test results
The earlier you contact an attorney, the more that they may be able to do to fight the charges against you.
Is a DUI the Same as a DWI?
Despite people using the terms interchangeably, a DWI and DUI in Texas refer to two different offenses. Driving under the influence (DUI) charges usually apply to someone who is under the age of 21. Texas has a zero tolerance law for drinking and driving, meaning that they can be arrested and charged with a DUI if ANY detectable amount of alcohol is found in their system.
A minor (someone under the age of 21) with a detectable amount of alcohol in their system can have their license suspended for 60 days on a first offense. The length of suspense increases to 120 days for a second offense and 180 for a third or subsequent offense.
If your child was arrested for driving under the influence (DUI) in El Paso, contact our office to speak with an attorney today.
Hiring a DWI Lawyer in El Paso
Were you or a loved one arrested for DWI in El Paso, TX? Contact our office at (915) 629-9988 for a free, no-obligation consultation. Let us help you understand your rights and provide a strategic defense in your case. A DWI conviction can impact your entire life, from your job and family to your license and freedom. Act now to protect your future.