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In this episode of the Carl DeKoatz Law Firm podcast, attorney Carl DeKoatz breaks down the critical legal strategies for navigating DWI and DUI charges in El Paso, Texas. The conversation covers everything from initial traffic stops to the specialized legal maneuvers used to protect a client's record. The Reality of a DWI Stop in El Paso Most individuals arrested for DWI do not intend to be irresponsible; they often misjudge their level of intoxication or believe they can "stay in the lanes" like a video game. DeKoatz highlights that impairment isn't limited to alcohol; it can include driving while sleepy or being under the influence of foreign prescriptions (e.g., anxiety medication from Juarez) that are not recognized in the U.S.. When an officer pulls you over, they are looking for specific evidence: The "Conversation Trap": Officers engage you in dialogue to smell your breath or observe "glassy eyes". Refusing Tests: You have the legal right to refuse field sobriety tests and breathalyzers on-site. DeKoatz advises being polite but firm: "I want to talk to my lawyer". The Mindset: DeKoatz suggests accepting that an arrest is likely. By staying silent, you avoid giving the state more evidence to use against you, which increases your chances of a favorable outcome later. Advanced Legal Defense: Motion to Suppress One of the most powerful tools in a defense attorney's arsenal is the Motion to Suppress. Under the Fourth Amendment, if a person is seized illegally—meaning the officer lacked probable cause for the initial stop—any evidence gathered afterward (drugs, breathalyzer results, confessions) can be thrown out. DeKoatz shares a compelling case study where a client admitted to possessing cocaine at trial. However, because the defense established that the officer lied about the reason for the stop, the jury was instructed that they could disregard the evidence of the illegal seizure. The result was a not guilty verdict, sending a message that law enforcement must follow the law to enforce it. Bonds, Leverage, and Pretrial Diversion (PTD) The way you exit jail can significantly impact your defense strategy: PR Bonds vs. Surety Bonds: While PR (Personal Recognizance) bonds are free, they often come with strict conditions similar to probation, such as mandatory drug and alcohol testing. DeKoatz notes that if you have the means, a surety bond may provide more leverage because it doesn't place you under immediate state supervision. Pretrial Diversion (PTD): This is often the goal for first-time offenders. It involves taking classes and paying fines in exchange for a dismissal, ensuring the mistake does not follow the client for life. Character Packets: To secure a PTD or a "deferred" outcome, the firm often creates a mitigation packet featuring letters from employers or family to show the prosecutor that the client is a productive member of the community. The Value of Experience DeKoatz emphasizes that in the El Paso legal system, relationships and trust matter. An established attorney who has won trials and been honest with prosecutors and judges carries more credibility when negotiating for a client's future. Attorney: Carl Adrian DeKoatz Firm: Carl DeKoatz Law Firm Address: 718 Myrtle Ave, El Paso, TX 79901 Phone: (915) 577-0913 Website: https://dekoatzlaw.com