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AV Preeminent Peer Rated Attorneys
Biggs Field Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Biggs Field Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • 501 N. Kansas Street, Suite 200, El Paso, TX 79901-1230

  • 1028 E. Rio Grande Ave., El Paso, TX 79902-4617

  • 11940 Don Haskins, El Paso, TX 79936

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  • 609 B Myrtle Avenue, El Paso, TX 79901

  • 1790 Lee Trevino Drive, Ste. 214, El Paso, TX 79936

  • El Paso, TX 79997-3016

  • 221 North Kansas Street, Suite 1200, El Paso, TX 79901

  • 707 Myrtle Ave., El Paso, TX 79901-2567

  • 609 Myrtle Ave., Ste. 100, El Paso, TX 79901

  • 1013 E. San Antonio Avenue, El Paso, TX 79901

  • 609 Myrtle Avenue, Suite 102, El Paso, TX 79901

  • 747 E. San Antonio Avenue, Suite 203, El Paso, TX 79901

  • 10514 Montwood Dr., El Paso, TX 79935

  • 615 E. Schuster Avenue, Suite 6, El Paso, TX 79902

  • 1212 Montana Ave., El Paso, TX 79902

  • 501 N. Kansas, Ste. B-102, El Paso, TX 79901

  • 10514 Montwood Dr., El Paso, TX 79935

  • 901 Wyoming Avenue, El Paso, TX 79902

  • 609 Myrtle, Suite 104, El Paso, TX 79901

  • 718 Myrtle Ave., El Paso, TX 79901

  • 1019 E. Yandell, El Paso, TX 79902

  • 1141 E. Rio Grande Ave., El Paso, TX 79902

  • 1533 N. Lee Trevino, Suite B, El Paso, TX 79936

  • 210 N. Campbell, El Paso, TX 79901

  • 1401 Montana Avenue, Suite B-1, El Paso, TX 79902

  • 1002 Magoffin Ave., El Paso, TX 79901-0000

  • 416 N. Stanton St., Ste. 400, El Paso, TX 79901

  • 6999 Montana Ave., Ste. A, El Paso, TX 79925

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The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

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Commonly Asked DUI/DWI Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Can i get charged for a dwi still if the officer did not take me to jail that night?

Richard Keith Oliver
Answered by attorney Richard Keith Oliver (Unclaimed Profile)
DUI/DWI lawyer at The Law Office of Rick Oliver
Yes, you can still be charged. If the arrest was only 5 days ago, the most pressing issue is the ALR. If the officer confiscated your DL, he will have sent that paperwork to Austin. So, the clock is ticking. You have only 15 days from the date of arrest to contest the 6 month suspension of your license. I specialize in DWI cases, and can tell you that I handle the ALR on every single DWI case I'm hired on, provided I am hired within that 15 day window. It gives us an opportunity to fight to prevent the suspension. Also, it's our only real opportunity to get live testimony from an officer prior to trial.  As for the arrest, here's what will happen. The hospital should have drawn the blood. It will then be sent to a lab to be tested for the BAC level. Once the report is issued it will be sent to the agency that requested the testing (the arresting agency and/or the DA's office). If the BAC is at or above a .08 either a warrant or a summons will issue for your appearance on the case.  Right now there's a pretty significant backlog for blood testing at the labs. So, it could take up to a couple of months before you hear anything back on the blood. But, don't wait. Again, you can still fight the ALR; and it's an important piece of the discovery process in a DWI defense.
Yes, you can still be charged. If the arrest was only 5 days ago, the most pressing issue is the ALR. If the officer confiscated your DL, he will have sent that paperwork to Austin. So, the clock is ticking. You have only 15 days from the date of arrest to contest the 6 month suspension of your license. I specialize in DWI cases, and can tell you that I handle the ALR on every single DWI case I'm hired on, provided I am hired within that 15 day window. It gives us an opportunity to fight to prevent the suspension. Also, it's our only real opportunity to get live testimony from an officer prior to trial.  As for the arrest, here's what will happen. The hospital should have drawn the blood. It will then be sent to a lab to be tested for the BAC level. Once the report is issued it will be sent to the agency that requested the testing (the arresting agency and/or the DA's office). If the BAC is at or above a .08 either a warrant or a summons will issue for your appearance on the case.  Right now there's a pretty significant backlog for blood testing at the labs. So, it could take up to a couple of months before you hear anything back on the blood. But, don't wait. Again, you can still fight the ALR; and it's an important piece of the discovery process in a DWI defense.
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Will an out of state probation officer find out about a drunk in public?

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Answered by attorney Lawrence Thomas Lewis (Unclaimed Profile)
DUI/DWI lawyer at Lawrence Lewis, P.C.
If you were arrested, then there will be a record. IF you only received a citation, go and pay it, because there should be no record of it.
If you were arrested, then there will be a record. IF you only received a citation, go and pay it, because there should be no record of it.

How do you find out if police have evidence?

Richard Keith Oliver
Answered by attorney Richard Keith Oliver (Unclaimed Profile)
DUI/DWI lawyer at The Law Office of Rick Oliver
The attorney is typically the person who will access to the State's file. They're not going to release their evidence to a non-lawyer, for a variety of reasons. Unfortunately, you won't be able-on your own-to determine whether he's "innocent," or not, if and until an attorney reviews their file. Usually, you don't see an arrest for DUI and tampering. DUI is a class c offense, which would apply in the case of a 19 year-old stopped for suspicion of DWI (DUI is the offense applicable to underage drivers - the burden of proof required to convict a person of DUI is not the same as that which is required to convict an adult of DWI). If the officer was able to articulate "any detectable amount" of alcohol, then your son could in fact be guilty of DUI. Tampering, in these situations, usually implies a person destroyed potential evidence. If it was a drug case, and, for example, he swallowed whatever the substance was, that would considered tampering. And there is no such thing as an inconclusive breath test. It's either above the limit; or not. Again, the "limit," or 0.08 g/ml, does not apply in a DUI case.  Mostly, I've offered a bunch of educated guesses, given the limited facts provided. An attorney would very likely be able to answer more intelligently with additional information.
The attorney is typically the person who will access to the State's file. They're not going to release their evidence to a non-lawyer, for a variety of reasons. Unfortunately, you won't be able-on your own-to determine whether he's "innocent," or not, if and until an attorney reviews their file. Usually, you don't see an arrest for DUI and tampering. DUI is a class c offense, which would apply in the case of a 19 year-old stopped for suspicion of DWI (DUI is the offense applicable to underage drivers - the burden of proof required to convict a person of DUI is not the same as that which is required to convict an adult of DWI). If the officer was able to articulate "any detectable amount" of alcohol, then your son could in fact be guilty of DUI. Tampering, in these situations, usually implies a person destroyed potential evidence. If it was a drug case, and, for example, he swallowed whatever the substance was, that would considered tampering. And there is no such thing as an inconclusive breath test. It's either above the limit; or not. Again, the "limit," or 0.08 g/ml, does not apply in a DUI case.  Mostly, I've offered a bunch of educated guesses, given the limited facts provided. An attorney would very likely be able to answer more intelligently with additional information.
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