El Paso DWI Defense Attorney
What is DWI in Texas?
DWI (driving while intoxicated) is a crime that involves operating a motor vehicle while with an illegal blood alcohol concentration (BAC) of .08% or greater, or while one’s abilities are impaired by alcohol and/or drugs. You need to protect yourself if you’ve been arrested for DWI.
Listen to your Miranda rights as they are read to you. You have the right to remain silent, as anything you say and do can be used against you in court. You have the right to an attorney. Exercise these rights and contact our DWI attorney in El Paso who has the ability to effectively defend you.
With more than a decade of experience, Rafael C. Morales, Attorney at Law is standing by to protect your interests. Contact our El Paso DWI defense lawyer today at (915) 800-8201 for a free case evaluation.
DWI Penalties in Texas
DWI charges are taken very seriously in Texas, and a conviction can carry serious penalties that include not only jail time and fines but driver’s license suspension and increased insurance costs. The following are the basic penalties for DWI in Texas, according to the Texas Department of Transportation (DOT):
First DWI Offense (misdemeanor):
- 3-180 days in jail
- Up to $2,000 fine
- 1-year license suspension
Second DWI Offense (misdemeanor):
- 1 month to 1 year in jail
- Up to $4,000 fine
- 2-year license suspension
Third DWI Offense (felony):
- 2-10 years in prison
- $10,000 fine
- 2-year license suspension
Texas Implied Consent Law
Under Texas state law, any driver that is lawfully arrested, meaning law enforcement had a reasonable suspicion that the driver had been driving while intoxicated, is required to submit to a chemical test to measure their blood alcohol concentration. Any refusal of these tests could result in administrative penalties, separate from any potential DWI charges you may face.
The penalties for refusing to submit to testing include:
- First Offense: Suspended license for 180-days
- Second Offense: Suspended license for 2-years
- Third Offense: Suspended license for 2-years
It is important to remember that you can still be convicted of DWI charges even if you refuse the tests. Therefore, if you have been arrested for DWI you need to contact an attorney as soon as possible to defend your rights.
Challenging DWI Charges
Your only chance at avoiding such penalties is to have an attorney who can challenge the charges levied against you. However, DWI cases are highly technical. They typically involve physical evidence obtained from breathalyzer or blood tests and testimony by the arresting officer regarding a driver’s performance on field sobriety tests.
As an experienced El Paso DWI lawyer, Rafael Morales has a thorough understanding of Texas DWI testing procedures and can identify any possible fault or mistake therein. If procedures, or your rights, were violated in any way, this can be exposed to benefit your case.