Samantha Drake is a freelance journalist who writes about legal and business issues, as well as general interest topics that strike her fancy. More of her work can be found on her website and Linkedin page.
Samantha Drake
Samantha Drake is a freelance journalist who writes about legal and business issues, as well as general interest topics that strike her fancy. More of her work can be found on her website and Linkedin page.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
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Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Located on the West Texas border with Mexico, El Paso is known for its multicultural history, outdoor pursuits and so much good weather that its nickname is “Sun City.” Whether driving around the city to experience its historic sites, festivals and vibrant restaurant scene or visiting a national park, drivers may be at risk of getting stopped by police and charged with a DUI.
An experienced DUI lawyer in El Paso can walk you through the legal process and protect your rights. Here are legal resources in El Paso to help you find the best attorney for your situation.
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Best DUI Attorneys in El Paso, TX
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DUI Laws in TX
Whether you live in El Paso or are visiting for business or pleasure, keep in mind that Texas does not take drunk driving lightly. In fact, Texas has some of the strictest DUI laws in the country. Below is a guide to Texas DUI regulations that every driver should know.
Legal Blood Alcohol Concentration (BAC) in Texas
In Texas, as in the rest of the United States and the District of Columbia, the legal blood alcohol concentration(BAC) is 0.08%. It doesn’t take much to reach that limit—between two to four bottles of beer, glasses of wine or shots of hard alcohol for an average person. Keep in mind that factors like weight and gender affect how quickly the legal limit may be reached.
However, Texas has a zero-tolerance law for minors—anyone under the legal drinking age of 21. That means an underage driver could be arrested for driving under the influence of alcohol (DUIA) by a minor if any detectable amount of alcohol is found in his or her blood. It’s also a criminal offense for anyone under age 21 to purchase, possess or consume alcohol.
Implied Consent Laws in TX
Implied consent laws vary by state. Generally, such laws create a rule that any driver has automatically agreed to submit to a BAC test if a law enforcement officer finds probable cause that the driver is intoxicated.
In Texas, both adult drivers and drivers under age 21 automatically consent to submit to a blood or breathalyzer test for analysis if they are arrested for driving while intoxicated. Minors must provide blood or breath specimens if a law enforcement officer detects ANY amount of alcohol in their systems.
DUI Penalties in TX
Drivers in Texas face stiff penalties for DUI offenses. Even first-time offenders receive mandatory jail time. From there, penalties increase significantly with repeat DUI offenses. However, Texas judges can exercise discretion when assigning penalties. Therefore, it’s vital to be represented by a good DUI attorney if you’re arrested. The following are the penalties for first, second and third (and beyond) DUI convictions.
First DUI Offense
In Texas, a first DUI offense is charged as a misdemeanor. However, those who drive while intoxicated should not expect to get off lightly. First-time offenders can expect mandatory jail time for a DUI, potentially thousands of dollars in fines and a possible suspended license. The penalties are:
- Jail Time: Three to 180 days (with a BAC of 0.15% or higher, the maximum jail time increases to one year)
- Fines: Up to $2,000 (with a BAC of 0.15%, the maximum increases to $4,000 with or higher)
- Suspended License: 90 days and one year
- Ignition Interlock Device: May be ordered in conjunction with an occupational license
Second DUI Offense
Texas drivers can expect penalties for a second offense to increase significantly. However, a second offense is also classified as a misdemeanor, and fines are not yet mandatory for this offense. It’s also important to note that the driver’s BAC level doesn’t matter for a second offense and beyond. The penalties are:
- Jail Time: 30 days to one year
- Fines: Up to $4,000
- Suspended License: Six months to two years
- Ignition Interlock Device: If the previous conviction occurred within five years of this one, device must be installed for one year after restoration of license
Third DUI Offense and Beyond
Penalties become more severe once a driver is arrested for a third DUI offense. A driver convicted of a third offense will spend multiple years in prison and could face fines of up to $10,000. Further, a third offense and all later offenses are now charged as felonies Otherwise, they are classified as misdemeanors. The penalties are:
- Jail Time: Two to 10 years
- Fines: Maximum of $10,000
- Suspended License: Six months to two years
- Ignition Interlock Device: If any previous conviction occurred within five years of this one, device must be installed for one year after restoration of license
What to Expect After a DUI Arrest in TX
Under Texas’s implied consent law, drivers arrested in the state on suspicion of driving while intoxicated must submit to a breathalyzer or blood test.
If you refuse to take a blood or breath test or if your BAC is .08% or higher on the test, you will lose your right to drive under the Texas Administrative License Revocation (ALR) Program. The ALR Program requires the Department of Public Safety to suspend and/or disqualify your driver’s license if you are arrested for a DWI and you:
- Refuse to take or fail to complete a breathalyzer or blood test, or
- Your breathalyzer or blood test registers a BAC of 0.08% or more while driving a non-commercial motor vehicle or a BAC of 0.04% or more while driving a commercial motor vehicle.
Refusing to take a BAC test results in your license being taken away immediately and replaced with a temporary driving permit. You have 15 days to request a hearing to argue against license suspension. Failure to request a hearing will result in the suspension of your license after 40 days. If your breathalyzer or blood test results showed a BAC of .08% or higher, the Department of Public Safety will mail you a notice of suspension. You have 20 days to request a hearing, and failure to request a hearing results in the suspension of your license after 40 days.
How Can an Attorney Help You?
Even one DUI conviction can have a negative impact on your life for years to come, from a suspended license impairing your ability to drive for work to paying thousands of dollars in fines. If you’re convicted of a DUI that resulted in the injury or death of another person, you may face years in prison and be required to pay restitution to the victim or their family.
Given the severe penalties at stake, it’s a good idea to be represented by an attorney who is experienced in defending DUI charges. A knowledgeable attorney may be able to get the charges dismissed, for example, due to lack of evidence or police failure to follow proper procedures. A DUI attorney can also investigate diversion programs that will leave you with a clean record, find and present expert witnesses to undermine the state’s evidence against you, argue for a restricted or hardship license and negotiate a plea agreement to face lesser charges.
How to Choose the Best DUI Lawyer in El Paso, TX
The El Paso DUI attorneys listed are all highly experienced attorneys with excellent records. But a variety of factors should be considered depending on your needs and individual situation when choosing an attorney. These include:
- Language fluency. If you are not a native English speaker, an attorney who speaks your native language fluently can better explain your legal situation and options.
- Practice location. If you are arrested outside of El Paso County, you need an attorney who practices law in the county where you were arrested.
- DUI experience. In researching attorneys who have experience defending DUI cases, ask how many clients in similar circumstances they’ve represented and the outcome of those cases. You can look up any attorney on the State of Texas Bar website to find out if the attorney is active, has faced public reprimands or suspensions and if they have additional specializations, such as board certification in criminal law defense.
- Trial experience. Attorneys with experience taking DUI cases to trial may be preferable, particularly if this is not your first DUI arrest.
- Fees. Ask a prospective attorney about their fee structure. Depending on the situation, hourly fees can add up compared to a flat fee, so it’s important to understand how you will be billed for the attorney’s services.
Methodology
To come up with the best DUI lawyers in El Paso, TX in 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
How much does it cost to hire a DUI attorney in Texas?
Attorney fees vary according to the circumstances and complexity of the case. One Texas organization estimates that the attorney fees for defending a DUI case are approximately $9,400.
How does an Ignition Interlock Device work?
An Ignition Interlock Device (IID) is a small breath alcohol detector attached to the car’s ignition to check the driver’s blood alcohol concentration. To start the vehicle, the driver must blow a clean breath sample. After the engine starts, the IID will require another breath sample at random intervals. If the driver fails to provide a breath sample or the sample exceeds the blood-alcohol level required, the IID will sound an alarm until the ignition is turned off.
What is an occupational license?
An occupational driver’s license is issued to you when your driver’s license has been suspended, revoked or denied for certain offenses. It authorizes you to operate a non-commercial motor vehicle only in connection with work, performance of essential household duties or school-related activities.
