If you are arrested for DWI in El Paso, law enforcement will obtain evidence of your intoxication either by a sample of your breath or by a sample of your blood.
It’s the law in Texas — a peace officer can secure a search warrant for evidence of a crime, including evidence of intoxication. If a judge finds probable cause to believe you have been driving while intoxicated, the judge can sign a warrant to search you for evidence of intoxication. That signed search warrant allows the officer to take you to a facility to have your blood drawn (yes, there is a needle involved).
So, if you are arrested for DWI and refuse the breath test, we will still be able to determine your level of intoxication by taking a sample of your blood. Because in El Paso, there is no refusing. It’s either your breath or your blood.
About every 20 minutes in Texas, someone is hurt or killed in a crash involving alcohol. We urge you to take responsibility for your actions. Plan ahead. Don’t drink and drive. But, if you are arrested for DWI in El Paso, law enforcement will obtain evidence of your intoxication either by a sample of your breath or by a sample of your blood.
How Much Is Too Much?
Impairment begins with the first drink. In Texas, a person is legally intoxicated and may be arrested and charged with driving while intoxicated if they do not have the normal use of their mental or physical faculties or if they have an alcohol concentration of 0.08 or more.
How to Stay Safe?
• Don’t drink and drive
• Designate a driver
• Call a cab
• Spend the night where you are, if possible
First Offense
• A fine of up to $2,000
• Three days to 180 days in jail
• Loss of driver’s license up to a year
• Annual fee of $1,000 or $2,000 for three years to retain driver’s license
Second Offense*
• A fine of up to $4,000
• One month to a year in jail
• Loss of driver’s license up to two years
• Annual fee of $1,000, $1,500 or $2,000 for three years to retain driver’s license
Third Offense*
• A fine of up to $10,000
• Two to 10 years in prison
• Loss of driver’s license up to two years
• Annual fee of $1,000, $1,500 or $2,000 for three years to retain driver’s license
*After two or more DWI convictions in five years, you must install a special ignition switch that prevents your vehicle from being operated if you’ve been drinking. Nothing in this website is intended to convey, discuss or otherwise be construed as legal advice.