El Paso DWI Attorney
DUI or DWI in Texas? Protect Your Freedom & Driving Privileges
Texas takes driving while intoxicated (DWI) and driving under the influence (DUI) seriously. If you are convicted, on top of criminal penalties, your driver’s license could be suspended. This can impact your ability to get to work and earn a living. When you need a skilled El Paso DWI lawyer, call Joseph Veith Law. Our experienced trial attorney provides dedicated legal representation.
Please contact us at (915) 600-6045 to set up an appointment for a consultation.
What is the Difference Between a DUI & DWI in Texas?
In Texas, DWI is a more serious crime. Under the Texas Traffic Code, DUI charges are only available to minors. However, because a DUI is charged for any amount of alcohol in a person's system, it's much easier to be found guilty. Under the Texas Penal Code, DWIs are serious crimes.
Is a DWI in Texas a Felony?
In Texas, a DWI is usually a felony if it is your third offense. You could still be charged with a felony DWI in your first or second DWI if someone was injured as a result of your DWI. If someone was killed as a result of your DWI, you will be charged with a second degree felony charge called intoxication manslaughter.
How Long Does DUI Affect Insurance in Texas?
A DUI will affect your insurance for two years and you will be required to have SR-22 coverage from the date of your conviction. If your policy lapses the insurer is required to inform the State of Texas when they cancel your policy.
Penalties for DWI in Texas
The consequences of a DWI conviction depend on whether this was your first conviction or a subsequent offense and the circumstances of your arrest, such as whether or not you caused an accident. Because you could be facing a jail sentence, hefty fine, and driver’s license suspension, it is important to get in touch with an experienced El Paso DWI attorney.
Texas DWI penalties may include:
- First offense: A jail sentence of 3 to 180 days, $2,000 fine, and a driver’s license suspension of up to 1 year
- Second offense: 30 days to 1 year in jail, fines up to $4,000, and a driver’s license suspension from 180 days to 2 years
- Third offense: 2 to 10 years in prison, a fine of up to $10,000, and a driver’s license suspension from 180 days to 2 years
- DWI with a child passenger: Having a passenger under 15 years of age can result in a jail sentence of up to two years and up to $10,000 in fines
If your DWI charge resulted from an accident, you might be facing additional legal consequences, either in criminal court, civil court, or both. For example, if you were involved in a car accident, the driver and passengers in the other vehicle may file a personal injury lawsuit against you. If the accident resulted in a death, you could be facing up to 20 years in prison, a fine of up to $10,000, and a felony conviction on your record.
Possible Defenses for DWI Charges
Because a DWI conviction can have serious consequences and a lasting impact on your life, it is crucial to contact an experienced defense attorney. Depending on the circumstances of the arrest, there may be a variety of possible defense strategies for DWI charges.
Our El Paso DWI lawyer may challenge:
- The traffic stop and your arrest
- How breath or blood testing was conducted
- The way you were questioned
- Results of field sobriety testing
Law enforcement officers often base DWI arrests and the decision to conduct breathalyzer testing on observations and field sobriety testing. This could include claiming that you smelled of alcohol, had bloodshot eyes, had slurred speech, or had reduced coordination. These can be subjective and there can be many other reasons for the symptoms. We evaluate possible defense strategies and develop the most effective for the situation.
Can a DWI be Dismissed in Texas?
A DWI in Texas can be dismissed but there are only a small percentage of DWI cases that end up being dismissed. There are several reasons why a DWI can be dismissed such as the police officer not having the proper justification to make a traffic stop, the officer not having enough evidence to arrest you, the district attorney not feeling that they can prove it without a reason of a doubt.
How Long Does a DWI Affect Your Insurance in Texas?
In Texas, a DWI will affect your insurance for two years because you must keep a special proof of liability insurance and you must also pay additional fees to the Texas Department of Public Safety for three years. Once two years passes, you may still continue to pay more for your car insurance because of your DWI.
DUI Attorney in El Paso, Texas
DUI cases can have a variety of defenses, including police mistakes and rights violations.
In order to determine if the officer has a legitimate reason for pulling you over in the first place, whether all tests were properly administered, if any evidence was videotaped, and anything else that could strengthen your defense, Joseph Veith Law will begin investigating every aspect of the situation as soon as possible.
Call for Help Today. We Serve Clients in Spanish and English.
It is best to get in touch with a skilled El Paso DWI attorney as soon as possible after an arrest. This allows us to take steps to protect your rights and start building your defense. We are available after hours to answer your call; don’t wait to get the legal advice you need.
“He refused to accept a deal that wasn't in my best interest.”- Deadrian
“He went above and beyond, his honest, fair, and a excellent attorney in trial!”- Former Client
“Mr.Veith is a very aggressive attorney in defending your matter. He will do his absolute best to get you the best outcome.”- Andrew Tennessee