First Offense DUI in El Paso

Two Proceedings May Follow a First DWI Arrest

The criminal prosecution and administrative license revocation (ALR) process are separate. The criminal case may involve arraignment, evidence review, negotiations, pretrial motions, and trial. The ALR process is a civil proceeding through the Texas Department of Public Safety concerning driving privileges after certain failed or refused blood or breath tests.

A DIC-25 notice explains how to request an ALR hearing. The request generally must be made within 15 days after receiving the notice. For a first incident, a test failure may result in a 90-day administrative suspension, while a refusal may result in a 180-day suspension, subject to the governing facts and procedures.

If a suspension takes effect, an occupational driver’s license may authorize limited driving for approved needs. Eligibility and restrictions require an individual assessment.

Evidence That May Shape a First DWI Defense

An arrest doesn’t prove the charge. A defense review may test the State’s account against recordings, reports, test records, witness statements, and the law.

Important areas for review may include:

• Traffic stop: The stated reason for stopping the vehicle and whether the officer had lawful grounds to extend the detention.
• Officer observations: Statements about driving, speech, balance, appearance, odor, and behavior.
• Field sobriety tests: The instructions, administration, conditions, and officer’s interpretation of performance.
• Breath testing: The device, operating records, procedures, and admissibility of the reported result.
• Blood testing: The collection method, preservation, chain of custody, laboratory procedures, and analysis.
• Probable cause: Whether the facts known to the officer legally supported the arrest.

Your Rights in El Paso County DWI Proceedings

El Paso County Criminal Court Three publishes plea materials addressing the right to counsel, the right to plead not guilty, the right to a jury trial, the right to confront witnesses, and the right to challenge the State’s evidence.

A prosecution recommendation doesn’t automatically bind the court. Before negotiating a resolution or proceeding toward trial, you should understand the proposed terms, the rights affected by a plea, and the consequences that may follow.