El Paso DWI Lawyers
Return to Texas DWI Lawyers
- Aaronson, Michael: Traffic citations and other traffic related issues: -- the firm handles both municipal and county (Justice of the peace) citations in El Paso and numerous surrounding counties/cities. If you're citation was given outside of El Paso County, call them we will let you know whether or not we can handle your citation. Traffic related issues: , drivers license suspensions, traffic appeals, occupational/essential needs drivers licenses (for those persons whose licenses have been suspended/revoked). Criminal law; driving while intoxicated; DUI, possession of drugs, all you state and federal misdemeanors and felonies, expunctions,
- Wyatt & Underwood: THINGS TO KNOW! DriversŐ License Suspension: If you are arrested for driving while intoxicated, two separate court cases are initiated. The first is a criminal charge referred to as a DWI (DUI), which is prosecuted by the District AttorneyŐs Office. The second case is a civil proceeding called an administrative license revocation hearing (ALR), which is handled by the Department of Public Safety (DPS). An ALR suspension begins when an arrested driver refuses to submit to a breath or blood test, or when a driver fails a breath or blood test. In Texas, the law states that if a person operates a motor vehicle in a public place, they impliedly consent to providing a breath or blood specimen if arrested for DWI (DUI). Unfortunately, the ALR suspension is an administrative proceeding, and the law does not afford an individual the same rights as it does in a criminal case. For example, in Texas, a driversŐ license is viewed as a privilege and not a right, so DPS does not have to prove its case beyond a reasonable doubt. DPS only needs to prove its case to the satisfaction of an administrative law judge. Furthermore, an ALR suspension is automatic unless you request a hearing within fifteen days after receiving notice of your suspension (typically the day of arrest). In fact, this suspension will automatically begin on the forty-first day after you receive notice of your suspension. However, if a hearing is requested, your driving privileges will not be suspended until after the hearing has taken place. Occupational DriversŐ License: When your driverŐs license is suspended, it becomes a very stressful, difficult situation. Without a driverŐs license, it becomes troublesome to accomplish everyday tasks. Fortunately, many people can qualify for an occupational driversŐ license that allows a person to drive for essential needs. In fact, an occupational license will allow an individual to drive to their job, the store, the doctor, to a child care provider, to church, etc. Actually, this driversŐ license is a court order that allows an individual to drive with certain conditions. These conditions regulate the specific streets that a person can travel on and the number of hours per day a person is allowed to drive. There are many steps involved in receiving an occupational license, so it is best to begin the process as soon as possible. If you are in a situation where you need to regain your driving privileges after a licenses suspension, contact our office. We can assist you in regaining your right to legally drive on Texas roads. What is Driving While Intoxicated (DWI)? The law in Texas does not say that driving after a drink or two is per se illegal. Contrarily, the law of Texas does not say that a person has to be driving while drunk to be arrested for a DWI. The law of Texas actually says that operating a vehicle while intoxicated is a criminal offense. Specifically, the law in Texas says that intoxication can occur two ways. First, a person is intoxicated if that individual provides a breath or blood sample (BAC) of .08 or more at the time of driving. Secondly, a person is intoxicated if they have lost the normal use of their mental or physical faculties because of the introduction of alcohol, illegal narcotics, prescription medication, or a combination of these things. Moreover, losing the normal use of your mental or physical is described as being impaired. So, if you are operating a motor vehicle, and your driving is impaired (in any way) because of the use of alcohol, Texas law says that you are driving while intoxicated. Penalties FOR YOUR First DWI (DUI) Offense: In addition to a criminal record that will never go away, a DWI (DUI) conviction in Texas can carry some very hefty penalties. The following list contains penalties that you are facing if you convicted of your first DWI (DUI): Up to 180 days in the County Jail Up to 2 years of probation (and up to 30 in jail as a condition for your probation) A fine of up to $2000 A ŇSur ChargeÓ from DPS of at least a $1000 per year for 3 years Suspension or loss of your driverŐs license Skyrocketing insurance premiums Up to 80 hours of Community Service Alcohol assessment and treatment A vehicle ignition interlock device Antabuse (a drug that you must take that makes you sick if you drink alcohol) AA meetings Vehicle impounded, storage charges, towing fees Confinement in a residential treatment center (lock-down facilities) Curfew Restitution for any damage caused as a result of an accident Anything else the Judge thinks is reasonable
- Shane, Christopher: Criminal Law Assault D.W.I. Drug Cases Felonies Misdemeanors Juvenile Offenses
- Ferrell, David: What constitutes driving while intoxicated ? Driving While Intoxicated (DWI) means operating a motor vehicle after consuming alcohol or drugs that have impaired a person's mental or motor skills. In Texas, a person will be considered "impaired" if they exhibit objective signs of intoxication, or if they have a blood alcohol content of .08 or higher. When may a police officer stop a driver for DWI? Police may stop a driver for any violation of the Texas Transportation Code, or any traffic infraction under the municipal code. They often stop ALLEDGED intoxicated drivers for straddling lane markers, weaving between lanes, driving at excessive or very slow speeds, braking erratically and coming in close contact with objects or other vehicles. An officer may also have reason to suspect a driver is intoxicated if they observe a driver at the scene of an accident. How do police determine whether a driver is intoxicated? Police use three methods to determine whether a driver is under the influence of alcohol or drugs. First, police may observe the driver for objective signs of intoxication. Objective signs of intoxication include a distinct odor of alcohol coming from the driver, red, watery eyes, and slurred speech. Second, police will assess a driver's ability to perform field sobriety tests. Field sobriety tests are supposed scientifically designed to test a driver's balance and motor skills. Police may ask a driver to perform tasks such as walking heel-to-toe in a straight line, standing on one leg and/or conduct the HORIZONTAL GAZE NYSTAGMUS test, eyes wiggle sometimes if intoxication is a fact. If a driver fails one or more of these tasks, the officer may request that the driver take a chemical test to measure the driver's blood alcohol content (BAC). A driver's BAC is tested by breath, blood, or urine and is measured by the percentage of alcohol in the blood by weight. When stopped by police, be Polite, BUT DON"T ADMIT YOU'VE BEEN DRINKING and DON'T AGREE TO TAKE THE BREATH TEST. IMMEDIATELY, INSIST THAT YOU BE GIVEN AN OPPORTUNITY TO TALK WITH YOUR LAWYER!!! REMEMBER YOU ARE PRESUMED TO BE INNOCENT!!
- Kubinski & Associates: No, unless you are absolutely certain you have not had too much to drink. If the machine is not calibrated correctly, it may measure the alcohol in your breath incorrectly. If so, you may be providing the police with evidence they may use to convict you. If you tell the police that you will not take the breath test without a lawyer present, they will treat your comment as a refusal. However, this is easier to deal with at the time of trial than a breath test result that is over the limit.
- Cervantes, Miguel: Criminal Defense Federal Personal Injury Real Estate Adoptions Probate Deceptive Trade Wills Power of Attorney Automotive Accidents Wrongful Deaths
- Lopez, Louis: If you are being charged with a DWI or DUI in Texas or New Mexico, you could be facing extremely serious penalties. In addition to the potential fines, jail time and license revocation, increased insurance premiums that are customary in these cases. A conviction on a drunk driving charge could also result in a permanent, non-removable offense on your criminal record. The laws governing DWI and DUI offenses in Texas and New Mexico are completely different and it is important to have representation from a lawyer who is able to represent you in either state.
- Ivey, Ben: * Criminal law * Theft & burglary * White collar crime * Tort law * Felonies & misdemeanors * DWI
- Gibson. Michael: * Violent crimes, murder, homicide and domestic assault * Theft charges * White collar crimes at the state and federal level * Drug crimes * Sex crimes * First Amendment cases for violation of Texas obscenity or pornography laws * Court martial defense as civilian co-counsel * Extradition cases * Constitutional cases on habeas corpus challenges to bad laws and illegal restraint by the government
- Ortiz, Rubin: * DWI (Driving While Intoxicated) * Assault and aggravated assault * Theft * Homicide * Juvenile violations * Violation of child support * Violation of protective orders * State and Federal drug possession, conspiracy, and trafficking charges * State and Federal white collar crime and fraud * Federal immigration violations
- Serrano, Victor: Criminal Law Federal cases * Iterstate crimes * Internet fraud * Bank robbery * Mail fraud Drug related * Drug smuggling * Drug trafficking * Large quantity drug conspiracy Motor vehicle offenses * Traffic violations * Drunk driving * Vehicular manslaughter * Hit and run * Carjacking Sex crimes * Child molestation * Child Pornography * Rape * Sexual Assault * Indecent exposure Domestic crimes * Spousal abuse * Child abuse * Elderly abuse Property crimes * Burglary of habitation * Burglary of vehicle * Theft * Robbery White collar crimes * Fraud Violent and Weapons crimes * Assault * Battery * Homicide * Carrying a concealed weapon (CCW) Inchoate crimes * Conspiracy * Solicitation * Accesory * Accomplice Bond or Bond reductions
- Wood, Barrett: DUI/DWI. A conviction on a charge of drunk driving can have a long-term effect on many areas of your life. We will make certain that the stop was appropriate, that proper procedure was followed, and that field sobriety and Breathalyzer tests were correctly administered.
- Quinonez, Carlos: Sometimes, even if one is convicted, the record of the conviction can still be expunged (erased) or sealed. For first-time offenders, this can mean a second chance at life without a blot on their record.
- Jim Darnell: This often leads to representation in forfeiture proceedings, license suspensions, requests for occupational drivers' licenses, and expunction of criminal records when charges have been dismissed or our client has been found not guilty.
Rosales Law Firm:
If you are facing drunk driving charges, you need answers fast! In Texas, you only have 15 days to request a hearing on the issue, in writing, after receiving notice of suspension (generally received on the day of arrest) otherwise your license will automatically be suspended. The Rosales Law Firm has two El Paso DWI attorneys who are experienced and expedient and will move your case along quickly. They know and understand the law, and will listen to your case and give you the guidance you need during this stressful time.
If you are convicted of a DWI in Texas, there are a myriad heavy penalties, including:
- Suspension or loss of license
- Increased insurance rates
- Community service
- Possible jail or prison time
- Alcohol assessment and treatment
- Vehicle immobilization or forfeiture
- Serious fines
- Possible job loss
- Permanent Criminal Record
Driving while intoxicated is a serious offense with serious consequences.
- Michael Blake: A criminal defendant has a right to represent herself during criminal proceedings. Self-representation is a right afforded in both state criminal proceedings and federal criminal proceedings. The defendant has a right to represent herself and that right is implied within the purview of the Sixth Amendment to the United States Constitution. Self-representation is also referred to as pro se defense.
- Bramblett & Associates: Penalties for DUI Conviction Based on Driver's Blood-Alcohol Concentration Every state makes it a crime for a driver to operate a vehicle (car, motorcycle or commercial vehicle) while under the influence of alcohol or drugs. Commonly called driving under the influence (DUI), this offense may also be called driving while intoxicated (DWI), operating under the influence (OUI) or operating More... Charging an Impaired Driver Based on Prior Convictions for DUI Almost all states increase a charge for driving while under the influence of alcohol or drugs (DUI) from a misdemeanor to a felony when a driver has had a certain number of prior DUI convictions.
- Theresa Caballero: The Sixth Amendment provides, in part, that criminal defendants have a right to "be confronted with the witnesses against [them]." This provision is generally referred to as the "Confrontation Clause" and means that criminal defendants have the right to cross-examine their accusers or witnesses who are testifying against them. While this principle has generally maintained its strength in the criminal court system, the U.S. Supreme Court has occasionally modified certain aspects.
- Mark Davis: A DWI charge can be a misdemeanor if it is a first or second offense. A DWI charge presents two problems: one related to the criminal charge and one related to a license suspension from the Department of Public Safety.
- Ruben Morales: The Fourth Amendment prohibition against unreasonable searches and seizures generally requires police officers to obtain a warrant based upon probable cause before performing an arrest. Intended to protect against unreasonable searches and arbitrary arrests, the warrant requirement has traditionally been strictly enforced to prevent violations of constitutional privacy interests. However, the U.S. Supreme Court has held that an officer may arrest an individual without a warrant if there is probable cause to believe that the offender has committed even a very minor criminal offense in the officer's presence.
- Miguel Solis: Nothing is more devastating than losing your personal freedom. If you are facing a criminal charge, whether in state or federal court, and you are convicted, you could have large fines and jail or prison time imposed upon you. The government has skilled and experienced criminal attorneys trying to convict you, you must have a skilled and experienced criminal attorney defending you.
- Ruben Ortiz: If you are convicted of a misdemeanor or a felony in state or federal court, you could face large fines and court costs, lengthy probation, and considerable jail or prison time. DonŐt risk answering a criminal charge alone.
- Nelson Cutter: Persons under influence of intoxicating liquor or drugs; aggravated driving while under the influence of intoxicating liquor or drugs; penalty.
- David Ferrell: Texas law prohibits driving or operating a motor vehicle in a public place while intoxicated. Intoxicated means (A) "not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug or a combination of two or more of those substances into the body; or (B) having an alcohol concentration [in the blood] of 0.10 percent or more."
- Richard Robbins: A police officer, for good reason, may ask a driver to take a test to determine the amount of alcohol in his body. Refusal to give a blood or breath specimen for analysis makes the driver subject to a 90-day driver's license suspension. However, the suspension is not automatic and you have a right to a hearing on the suspension.