DWI Defense Spencer Trial Attorneys, P.C. Is Here For You

DWI Attorney in El Paso

Defense from a Family-Owned Firm Available 24/7

A DWI arrest starts two proceedings at once: the criminal case and a 15-day window to request an Administrative License Revocation (ALR) hearing after you’re served with or receive the suspension notice from the Texas Department of Public Safety. At Spencer Trial Attorneys, P.C., we answer calls around the clock because those deadlines don’t wait for business hours. We defend El Paso clients through both tracks and are ready to begin reviewing your case.

We represent clients in El Paso every day, with direct familiarity with proceedings at the El Paso County Courthouse and the local procedures that shape how a criminal defense case moves. We evaluate the criminal charge and its driver’s license consequences together.

Contact our DWI attorneys now: send us a message or call (915) 233-6955 before the 15-day period following service or receipt of your ALR notice passes.

Why El Paso Residents Choose Spencer Trial Attorneys, P.C. for DWI Defense

Being a family-owned firm shapes how we treat every client. You aren’t a case number. You’re someone whose license, job, and reputation are on the line, and our attorneys take that seriously from the first call.

Our DWI clients in El Paso receive:

Local court knowledge: Direct familiarity with local courthouse procedures and how cases progress through the system
Personalized strategy: A legal plan built around your circumstances, prior history, and goals
Transparent costs: Clear fees explained up front, with payment plans available to reduce financial strain
Consistent communication: Regular updates and prompt responses so you know where your case stands and what comes next
24/7 access: Around-the-clock call availability and virtual consultation options for urgent questions or new developments

What an El Paso DWI Charge Means Right Now

A DWI charge in Texas proceeds on two separate tracks: the criminal charge and the administrative license suspension managed by Texas DPS. Both begin moving after an arrest, but they involve different proceedings and deadlines.

Criminal Penalties by Offense Level

The potential penalties depend on the allegation, your prior record, your reported BAC, and whether aggravating circumstances are involved. Texas classifies DWI allegations as misdemeanors or felonies, with possible jail or prison time, fines, and driver’s license consequences. The detailed charge categories and penalties appear below.

Texas DWI and Texas DUI are distinct charges. DWI applies when alcohol or another substance causes a driver to lose the normal use of mental or physical faculties or when an alcohol concentration reaches 0.08 or higher. DUI applies to drivers under 21 with any detectable amount of alcohol. A DUI charge follows different rules and penalties. A DWI conviction can remain permanently on your record in Texas. Expunction is available only in limited circumstances, such as a dismissal, and not after a conviction.

The ALR License Suspension Deadline

License consequences proceed separately through the Texas DPS ALR program. A failed chemical test can trigger a 90-day suspension for a first offense. Refusing chemical testing under Texas’s implied consent law can trigger a 180-day suspension independent of the criminal case. You have 15 days after you’re served with or receive the suspension notice, commonly provided on a DIC-25 form, to request an ALR hearing. DPS denies late requests, and the suspension takes effect on the 40th day after notice was served.

Immediate Steps After a DWI Arrest in El Paso

Take these steps immediately after a DWI arrest:

Stay calm. Don’t discuss the arrest with police, insurance representatives, or anyone else until you have spoken with an attorney
Keep every document provided by law enforcement or DPS, including your DIC-25 notice
Contact our office as early as possible to preserve evidence, meet critical deadlines, and review both proceedings
Note when you were served with or received the suspension notice because that date controls the ALR request period
Request an ALR hearing within the 15-day notice period if you want to contest the suspension

How We Build Your DWI Defense in El Paso

Every defense starts with a case-specific review of the arrest. We examine whether the traffic stop was legally justified and whether the officer had probable cause. When the facts support it, a problem with the stop or arrest can provide grounds to challenge evidence obtained afterward.

We then examine the evidence the prosecution intends to use. Field sobriety test evidence depends on the instructions, administration, surface conditions, lighting, footwear, and observations recorded during the stop. We compare those details with police reports and available body camera or dashcam footage.

Breath and blood evidence requires a different review. We examine the procedures and records connected to the test, including calibration information where applicable and chain of custody. Chain of custody documents the handling of a blood sample from collection through laboratory testing. Gaps, inconsistencies, or deviations from required procedures can affect how that evidence is challenged.

Our defense evaluation covers:

The legality of the initial traffic stop and arrest
The administration and validity of standardized field sobriety tests
The accuracy, calibration, and chain of custody for breath and blood test results
Available video evidence, police reports, and witness accounts
Implied consent considerations and how refusal allegations affect the criminal and license proceedings

Our familiarity with local court procedures informs how we prepare each case. The defense strategy reflects your goals, prior history, available evidence, and the specific allegations against you.

Misdemeanor & Felony DWI Representation in El Paso

We represent clients facing misdemeanor and felony DWI charges in the El Paso County court system. That includes first-time allegations, repeat offenses, reported BAC levels of 0.15 or higher, and DWI with a child passenger allegations under Texas Penal Code § 49.045.

Our representation can include an ALR hearing before Texas DPS, pre-trial negotiations, evidence challenges when we identify procedural flaws, and trial preparation when needed. At each stage, we assess the police reports, testing records, video, prior history, and your objectives.

Results depend on the specific facts of each case. We provide honest, informed advocacy and a realistic explanation of what to expect.

What to Expect Working with Our DWI Attorneys

When you contact Spencer Trial Attorneys, P.C., we begin with an initial consultation to review your charges, answer your questions, and explain your options. We start with what happened in your case and build the strategy from there.

We then handle the documented stages of your defense, including the ALR hearing, pre-trial negotiations, and trial preparation if needed. We keep you informed at every stage about court dates, hearing schedules, and new developments in the evidence before you have to ask.

Working with our team means:

A detailed walkthrough of your charges and available legal options
Strategy discussions that reflect your goals and circumstances
Consistent updates about the criminal case and ALR proceeding

Preparing for Your Initial DWI Consultation

Keep all paperwork you received from law enforcement or Texas DPS and bring it to your consultation. The DIC-25 notice is particularly important because its service or receipt date determines the 15-day period for requesting an ALR hearing. We review the notice alongside the charge information, testing documents, and other available records.

We’ll also discuss your prior history, immediate driving needs, and goals for the representation. If a suspension affects your ability to travel for work, school, or essential household duties, we can evaluate whether an occupational driver license and the related petition process are available. We keep fees transparent and explain them fully before you commit to anything. Payment plans are available for DWI defense matters.

Schedule your initial consultation with our DWI attorneys in El Paso: call (915) 233-6955 or contact us online.

Common Questions About DWI Charges in El Paso

These questions address immediate concerns about license consequences, local proceedings, and BAC evidence.

Will I Lose My License After a DWI Arrest in El Paso?

A license suspension isn’t automatic at the moment of arrest, but the ALR deadline begins when you’re served with or receive the suspension notice. Requesting a hearing within 15 days allows you to contest the proposed suspension and continue driving while the hearing and decision are pending. The outcome depends on the evidence and findings in the administrative proceeding.

How Are El Paso DWI Cases Different from Others in Texas?

Texas DWI law applies statewide, but local procedures affect scheduling, filings, and how a case progresses. Our familiarity with the El Paso County Courthouse informs our preparation for those local requirements. We still build the defense around the evidence, allegations, and your individual circumstances.

Can I Be Charged with DWI in Texas If My BAC Was Below 0.08?

Yes. Texas can pursue a DWI charge based on an alleged loss of the normal use of mental or physical faculties, even when a reported BAC is below 0.08. We examine the officer’s observations, field sobriety testing, video, and chemical test evidence before assessing the allegation.

Start Your Defense: Talk to a DWI Attorney in El Paso Today

The period after an arrest is when critical decisions are made, and missing a deadline can eliminate available options. Our consultations are confidential and focused on giving you clear answers about the criminal charge, license proceeding, fees, and payment plans.

Call Spencer Trial Attorneys, P.C. at (915) 233-6955 for a confidential consultation with a DWI attorney in El Paso, or contact us online before deadlines expire or evidence becomes unavailable.

Texas DWI Charges: Case Types We Defend in El Paso

Texas law creates several DWI charge categories. The category you face determines your exposure in both the criminal case and the ALR process, making the classification an important starting point for the defense.

First-Offense DWI

A first DWI is typically a Class B misdemeanor under § 49.04 of the Texas Penal Code. It carries at least 72 hours in jail, a maximum fine of $2,000, and a license suspension. If the reported BAC is 0.15 or higher, the allegation elevates to a Class A misdemeanor carrying as much as one year in county jail and a maximum fine of $4,000.

Second-Offense DWI

A second DWI is a Class A misdemeanor carrying at least 30 days in jail and a maximum fine of $4,000. Prior conviction records are introduced in court, and prosecutors often approach repeat cases more aggressively. The defense must account for the prior record while addressing the current evidence on its own terms.

Felony DWI

A third or subsequent DWI is a third-degree felony under § 49.09 of the Texas Penal Code. The penalties include two to 10 years in state prison and a maximum fine of $10,000. At the felony level, the case may proceed through a different court, and collateral consequences affecting employment and housing become more severe. These cases require thorough pre-trial preparation and close review of every available legal issue.

DWI with a Child Passenger

Texas Penal Code § 49.045 classifies DWI with a child passenger under 15 as a state jail felony, regardless of whether it’s a first offense. The charge carries 180 days to two years in a state jail facility and a maximum fine of $10,000. The presence of a child is a stand-alone enhancement, not merely an aggravating factor at sentencing.

Drug DWI

A DWI charge doesn’t require alcohol. A driver can be charged when alleged to have lost the normal use of mental or physical faculties because of a controlled substance, prescription medication, or a combination of alcohol and drugs. These cases commonly rely on blood tests and officer testimony. Our evaluation focuses on blood draw procedures, laboratory analysis, and the officer’s observations during the stop.

Underage DUI

Texas treats underage drinking and driving as a separate offense from DWI. Under the state’s zero-tolerance policy, a driver under 21 with any detectable amount of alcohol can be charged with driving under the influence of alcohol, even below the 0.08 BAC threshold. The penalties differ from those for an adult DWI, but a young driver can still face serious license and record consequences.

Intoxication Assault & Intoxication Manslaughter

When intoxicated operation causes serious bodily injury to another person, the allegation can become intoxication assault, a third-degree felony. When it causes death, the allegation can become intoxication manslaughter, a second-degree felony carrying two to 20 years in state prison. These charges require close examination of the causation evidence.

The ALR License Suspension Process in Texas

The Administrative License Revocation (ALR) program is a civil proceeding managed by the Texas Department of Public Safety. It runs separately from the criminal DWI case, and a driver can face a suspension even if the criminal charge is later dismissed, reduced, or results in an acquittal. We handle both proceedings so evidence and deadlines in one aren’t overlooked while attention is focused on the other.

The 15-Day Notice Period

DPS provides a suspension notice, commonly identified as the DIC-25 notice. You have 15 days after being served with or receiving that notice to request an ALR hearing. DPS denies requests made after the notice period, and the suspension takes effect on the 40th day after notice was served. A timely request allows you to continue driving while the hearing and decision are pending.

Suspension Lengths

The length of a suspension depends on what happened during the arrest. A failed chemical test with a BAC of 0.08 or higher triggers a 90-day suspension for a first offense. Refusing chemical testing under Texas Transportation Code § 724.011, the state’s implied consent law, triggers a 180-day suspension for a first refusal. Prior ALR suspensions within 10 years increase these periods for subsequent offenses.

What Happens at an ALR Hearing

An ALR hearing takes place before an administrative law judge, not in criminal court. The issues include the legal basis for the stop and arrest and whether the driver failed or refused qualifying chemical testing. We review the stop, arrest, testing procedures, police records, and other evidence relevant to those issues.

The arresting officer may be called to testify, creating an opportunity to examine the account under oath. If the administrative law judge enters a negative finding, the pending suspension is lifted and related reinstatement fees are refunded. An affirmative finding starts the suspension the day after the ruling and can be appealed.

Occupational Driver License

After a suspension takes effect, eligible drivers may petition the court for an occupational driver license. This restricted license may permit travel to work, school, or for essential household duties during the suspension period. Eligibility depends on the type of suspension, prior driving history, and other circumstances. We can evaluate eligibility and address the petition process without promising that the court will grant the requested license.

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