DWI Attorney in El Paso
If you have been charged with driving while intoxicated, or DWI, you need an experienced criminal defense attorney. A DWI charge may have serious consequences for your career and personal life. However, with a DWI attorney on your side, you will be able to present the best defenses possible to your charge.
What are the elements of a DWI charge?
If you have been charged with DWI, you are innocent until proven guilty. The state of Texas must prove:
- The driver was intoxicated;
- While operating a motor vehicle; and
- In a public place.
Each of these elements must be proven by the state for your charge to have any merit. If the state cannot prove one of these elements, your charges must be dismissed.
Are there defenses to a DWI charge?
Many people think that a DWI charge is hard to defend. However, this is not always the case. With an experienced DWI attorney, you may be able to weaken the state’s case.
For example, the Breathalyzer is commonly used when an officer suspects that a driver is under the influence of alcohol. However, technology does fail, and Breathalyzers do provide inaccurate readings on occasion. If the device was not calibrated properly, or if the officer used it incorrectly, a driver may be wrongly accused of driving while intoxicated.
A driver may suffer from certain medical conditions that cause him to fail a field sobriety test as well. For example, a recent knee surgery could prevent a driver from passing the walk-and-turn test.
Road conditions may also cause a driver to fail a field sobriety test. If the test is conducted on uneven ground, the driver may stumble and ultimately be arrested for driving while intoxicated—even if the driver was not substantially impaired.
Penalties for DWI
The state of Texas takes DWI charges very seriously. A first offense is a misdemeanor punishable by up to a $2000 fine and a minimum of 72 hours in jail. The offender’s driver’s license will be suspended for a minimum of 90 days, up to 365 days.
The penalties for DWI become harsher for 1) subsequent offenses, 2) if the driver injures another person, or 3) if there is a child passenger present. For example, a DWI third offense is considered a felony in Texas.
At the Aranda Law Firm, our El Paso legal team provides excellent legal guidance to our clients. We understand that it is scary to be charged with a crime, and we work hard to obtain the best results possible. Call today to schedule a consultation.