Atascosa County DWI/DUI

Expert Legal Defense at The Law Office of Bryan Fagan, PLLC

If you’ve been charged with Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) in Atascosa County, Texas, you need a knowledgeable and experienced legal team by your side. At The Law Office of Bryan Fagan, PLLC, our attorneys specialize in defending clients in dui vs dwi Atascosa County cases, providing aggressive representation to protect your rights and secure your future.

Understanding DWI and DUI Laws in Texas

In Texas, DWI and DUI offenses carry serious consequences that can impact your driving record, personal freedom, and future opportunities. Our legal team ensures you understand every aspect of your charges, including the critical differences in dui vs dwi Atascosa County, and develops a tailored defense strategy to fight for the best possible outcome.

Legal Definitions and Penalties for DWI/DUI in Atascosa County, Texas

1. Class B Misdemeanor

• Offense: The basic DWI charge involves operating a motor vehicle in a public place while impaired.
• Penalty: This is typically a Class B misdemeanor, with a minimum jail term of 72 hours and fines up to $2,000.

2. Enhanced Penalty for Open Containers

• Offense: If an unsealed alcohol container is found in your vehicle during a DWI stop, the charge remains a Class B misdemeanor, but the minimum jail term increases to six days.

3. Class A Misdemeanor

• Offense: When a driver’s Blood Alcohol Concentration (BAC) is 0.15% or higher, the offense is escalated to a Class A misdemeanor.
• Penalty: This can lead to up to 1 year in jail and fines up to $4,000, along with the mandatory installation of an ignition interlock device.

Understanding how these penalties apply in dui vs dwi Atascosa County cases is crucial for planning an effective defense.

What is the Legal BAC Limit in Texas?

In Texas, a BAC of 0.08% or higher is considered legally intoxicated. However, arrests can still happen below that threshold if impairment is suspected. Knowing how this impacts dui vs dwi Atascosa County cases allows us to better challenge the charges and evidence.

Effective Defense Strategies Against DWI/DUI Charges in Atascosa County

Facing DWI or DUI charges does not mean a conviction is inevitable. Our attorneys employ several proven defense strategies, including:

1. Challenging the Legality of the Traffic Stop

• If the traffic stop was conducted without probable cause, we can file a motion to suppress evidence, potentially leading to a dismissal of your case.

2. Disputing Breathalyzer Test Results

• We analyze whether the breathalyzer device was properly calibrated and if the test was administered correctly. Discrepancies in testing procedures could weaken the prosecution’s case.

3. Questioning Field Sobriety Tests

• Field sobriety tests are not always reliable indicators of intoxication. We evaluate whether medical conditions, fatigue, or environmental factors may have affected your performance.

4. Using Medical Conditions as a Defense

• Certain medical conditions, such as diabetes, acid reflux, or neurological disorders, can mimic signs of intoxication or affect breathalyzer accuracy. We gather and present medical evidence to support your defense.

5. Exploring Pre-Trial Diversion Programs

• For first-time offenders, pre-trial diversion or deferred adjudication programs may be available. Successful completion of these programs can result in dismissed charges and the avoidance of a conviction on your record.

DUI vs. DWI: What’s the Difference in Texas?

DUI (Driving Under the Influence)

• Typically applies to drivers under 21 years old who have any detectable amount of alcohol in their system.

DWI (Driving While Intoxicated)

• Applies to drivers of any age whose mental or physical faculties are impaired due to alcohol, illegal drugs, or prescription medications.

Understanding these differences is crucial, as the penalties, defense strategies, and legal processes for DUI and DWI can vary significantly.

Aggravating Factors That Can Increase DWI/DUI Penalties

Certain circumstances can elevate a standard DWI/DUI charge to a more severe offense, including:

• Having a child passenger under 15 years of age in the vehicle (state jail felony).
• Causing an accident that results in injury or death (Intoxication Assault or Intoxication Manslaughter).
• Open container of alcohol in the vehicle, leading to enhanced penalties.
• Prior DWI/DUI convictions, which can increase charges and escalate sentences.

Our attorneys carefully evaluate all aspects of your case to mitigate these factors and develop the strongest defense possible.

Why Choose The Law Office of Bryan Fagan, PLLC?

• Proven Experience: Extensive knowledge of Texas DWI/DUI laws and successful courtroom strategies.
• Aggressive Defense: We are dedicated to fighting for your rights and minimizing penalties.
• Personalized Attention: Every case is unique, and we provide customized legal solutions.
• Successful Track Record: Positive results in many dui vs dwi Atascosa County cases

Contact Our Atascosa County DWI/DUI Attorneys Today

If you’re facing charges related to dui vs dwi Atascosa County, act fast. Early legal intervention is key to building a strong defense.

📞 Call The Law Office of Bryan Fagan, PLLC at 430-202-6461 or contact us online to schedule your free 30-minute consultation. We are ready to answer your questions, evaluate your case, and fight for the best possible outcome.

Don’t face DWI or DUI charges alone. Trust our experienced legal team to provide the strong defense you deserve.