Your Rights After an Arrest for a Texas DWI
If you have been charged with driving while intoxicated (DWI) in El Paso, you might feel as though your entire life is upside down. The first thing you should do is consult an experienced DWI attorney. An attorney can help you understand the legal process and fight the charges you face.
At the Aranda Law Firm, we provide dedicated representation for individuals who have been arrested for driving while intoxicated in El Paso, Texas. We can help get your case reduced or dismissed, depending on the circumstances of the case. If you have been charged with a DWI in El Paso, contact our office online or call (915) 996-9914 to schedule a consultation.
What to Do First If You Have Been Arrested for a DWI
If you have been arrested for driving while intoxicated, the first thing you should do is contact an El Paso DWI attorney. An attorney can provide you with the guidance and resources you need to fight the charges. A conviction for a Texas DWI carries significant penalties, including potential jail time.
You can be charged with a DWI if you are caught:
- Operating a motor vehicle while under the influence and therefore impaired by alcohol or drugs, or
- Driving with a blood alcohol concentration of 0.08% or more.
A conviction for a first-offense DWI in El Paso is considered a Class B misdemeanor. Under Texas law, a Class B misdemeanor is punishable by a fine of up to $2,000 and a jail term not to exceed 180 days or both.
How Soon After an Arrest for a DWI Should I Hire an Attorney?
It is in your best interest to retain an El Paso DWI attorney immediately after an arrest for drunk driving. In addition to criminal penalties, you will likely face the automatic suspension of your license. To fight the suspension of your driving privilege, you would have to request a hearing with the Texas Department of Public Safety within 15 days.
If you do not properly request a hearing within 15 days, your license will be automatically suspended under the Administrative License Revocation (ALR) program. The suspension will take effect within 40 days of receiving notice. By hiring an attorney immediately after your arrest, you can ensure that the request is timely filed and that all of your rights are protected.
Why You Need an Attorney for a DWI Offense
Driving while intoxicated is a serious offense in Texas. Upon conviction, it can result in a minimum jail sentence of 72 hours. You may also face a significant license suspension based solely on the arrest.
An attorney can help you understand the charges that you face and build a strong defense in your case. Without the help of a drunk driving accident attorney, you could end up facing the maximum sentencing under the law.
Are There Defenses in a DWI Case?
Many people assume that because they were arrested for drunk driving, they will be convicted of the offense. In reality, there are several defenses that arise in DWI cases.
Potential defenses in a DWI case:
- Illegal stop (lack of reasonable suspicion)
- Lack of probable cause for arrest
- Invalid or inaccurate chemical test results
- Insufficient evidence
- Other violations of constitutional rights
If you were arrested for an El Paso DWI, you need to act fast. You only have a limited amount of time to stop the automatic suspension of your driving privileges.
Arrested for an El Paso DWI? Contact Our Office.
Contact our office online or call (915) 996-9914 if you were arrested for an El Paso DWI. Our lawyers will help protect your rights. Call now to get started.
