DWI Defense

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 of heavy penalties, including:

• Suspension or loss of license
• Increased insurance rates
• Community service
• Possible jail or prison time
• Alcohol assessment and treatment
• Probation
• Vehicle immobilization or forfeiture
• Serious fines
• Possible job loss
• Permanent Criminal Record

I Got A DWI, Now What?

The first time you get a DWI, it will likely be a misdemeanor and not a felony. However, there are some circumstances that can cause first-time DWIs to be felonies. If someone is killed or injured as a result of you driving under the influence, that makes it a felony. If your license was restricted, suspended, or revoked before the incident, or if your BAC was especially high, that also constitutes a felony.

Usually, consequences for a DWI include a suspended license and/or a treatment program. Repercussions are often severe and can be far-reaching into the future. The best thing to do after being charged with a DWI is to enlist the assistance of an experienced and knowledgeable DWI Defense Attorney.

How Our Prosecutor Background Gives You The Advantage And What To Expect

At Rosales Law Firm, our attorneys bring over 50 years of combined legal experience to your defense, with a unique advantage that sets us apart from other El Paso attorneys. Both of our founding attorneys are former felony prosecutors who have handled everything from homicides to simple misdemeanors, giving them unparalleled insight into how the prosecution will build their case against you. This prosecutorial background means we know exactly how district attorneys think, what evidence they prioritize and which weaknesses they will try to exploit in your case. We understand the strategies prosecutors use because we have used those same strategies ourselves, allowing us to anticipate their moves and develop more effective defense strategies.

Having prosecuted hundreds of DWI cases, we know which evidence collection methods are most vulnerable to challenge, how to identify procedural violations that can lead to case dismissals and what plea negotiations are realistic based on specific case circumstances. We also understand the local court system, judges and prosecutors in El Paso, having worked alongside many of them during our prosecutorial careers. This insider knowledge often translates to better outcomes for our clients.

Understanding the DWI process can help reduce your anxiety during this stressful time. After your arrest, you have only 15 days to request an Administrative License Revocation hearing in writing to fight the automatic license suspension. Your initial court appearance typically occurs within 30-60 days, where we will appear with you to enter a plea and discuss bail conditions. During the discovery phase, we review all evidence, including police reports, breathalyzer calibration records, dash cam videos and witness statements. Our prosecutor experience becomes invaluable here as we know exactly what to look for and which procedural errors to identify.

Based on our case evaluation, we negotiate with prosecutors for reduced charges or alternative sentencing options. Our relationships and reputation in the El Paso legal community often help achieve better outcomes. If we cannot reach an acceptable plea agreement, we are prepared to take your case to trial, where our extensive trial experience as former prosecutors gives us confidence in the courtroom. Throughout this process, we believe in educating our clients completely, telling you the hard truths you need to hear rather than false hope, and helping you make informed decisions about your case.

Frequently Asked Questions On DWI Defense

Facing a DWI charge can be stressful and confusing, especially if it is your first time. Below are some of the most common questions about Texas DWI laws. 

What is the legal blood alcohol limit in Texas?

In Texas, the legal blood alcohol concentration (BAC) limit is 0.08% for most drivers. 

For commercial drivers, the limit is lower at 0.04%, and for drivers under 21, any detectable alcohol can result in charges. 

It is important to know these limits because even one mistake can lead to serious penalties.

Can I refuse a Breathalyzer or blood test in Texas?

Yes, you can refuse, but Texas has an implied consent law. This means that by driving on Texas roads, you automatically agree to take a chemical test if asked. 

Refusing can lead to immediate license suspension, and the refusal may also be used against you in court. While you do have the right to say no, it often creates more problems than it solves.

Will I automatically lose my license after a DWI arrest?

Not always, but your license can be suspended quickly after a DWI arrest. In many cases, you only have 15 days to request an administrative hearing to fight the suspension.

If you do nothing, the suspension will take effect. Working with an attorney can help protect your driving privileges during this time. 

When does a DWI become a felony in Texas?

A DWI becomes more serious depending on the situation. Felony charges can happen if:

• It is your third or later DWI.
• There is a child passenger under 15 in the car.
• The crash caused serious injury or death to another person.

These situations carry much harsher penalties, including possible prison time. Because felony DWIs can affect your entire life, it is critical to get legal help immediately.

What are the penalties for a first-time DWI in Texas?

Standard Texas DWI penalties for a first offense without aggravating factors include between three and 180 days in county jail, up to $2,000 in fines and a driver’s license suspension that lasts between 90 days and a year.

Should I just plead guilty and get it over with?

No, a guilty plea is not usually the best option. You are at the mercy of the courts regarding sentencing, and you may have a lifelong criminal record. Working with an El Paso DWI lawyer can help you mount a thorough defense strategy or at least negotiate a reasonable plea bargain that reduces the charges or penalties you face.

I am stationed at Fort Bliss and got a DWI off-base. What happens now?

A DWI is a violation of the Uniform Code of Military Justice (UCMJ). As a service member stationed at Fort Bliss, you have the right to legal representation during civilian criminal proceedings and military disciplinary hearings.

In addition to criminal penalties, you could face administrative separation, a reduction in rank or pay and a loss of your security clearance. You may need to undergo an Army Substance Abuse Program (ASAP) evaluation and treatment.

Can you guarantee my DWI charge will be dismissed?

No, there is never any guarantee regarding the choices made by the courts and the county prosecutor. However, our founding partners are former prosecutors, allowing us to provide accurate guidance and develop the best strategy possible for DWI defendants.

Do you offer free consultations for DWI cases?

No, initial consultations are not free. We charge $200, but the fee goes toward your retainer if you hire our firm.

Should I hire a lawyer even for a first-time DWI?

Yes, you should. Even a first-time DWI can bring fines, license suspension, higher insurance rates and a criminal record. 

A skilled DWI attorney in El Paso can review your case, look for weaknesses in the evidence and fight for the best possible outcome. 

Having the right lawyer work on your case can help reduce penalties and protect your future. If you or a loved one is facing DWI charges in El Paso, Rosales Law Firm is here to provide quality legal representation.

Contact A Drunk Driving Defense Attorney In El Paso

Driving while intoxicated is a serious offense with serious consequences. The attorneys at the Rosales Law Firm will aggressively defend your rights if you are accused of alcohol-related offenses and will work to ensure the evidence against you is collected and preserved in a legal manner. If you or someone you care about has been charged with driving while intoxicated, call 915-219-5516 or contact us online.