DWI/DUI Defense in Kingwood, Texas
Expert Legal Representation from The Law Office of Bryan Fagan, PLLC
If you’ve been arrested for a DWI (Driving While Intoxicated) or DUI (Driving Under the Influence) charge in Kingwood, Texas, it’s important to act quickly. These charges can result in serious consequences, including steep fines, jail time, and the suspension of your driver’s license. At The Law Office of Bryan Fagan, PLLC, we specialize in defending individuals against DWI and DUI charges in Kingwood. With years of experience, we are committed to protecting your rights and helping reduce the penalties you may face.
Understanding DWI/DUI Laws in Kingwood, Texas
In Kingwood, as throughout Texas, DWI and DUI charges are treated with great seriousness. Whether this is your first offense or you have prior convictions, it’s crucial to have a knowledgeable and experienced lawyer on your side. Our legal team at The Law Office of Bryan Fagan, PLLC is well-versed in both Texas state and local laws in Kingwood. We will help you navigate the legal process, understand your options, and work with you to develop a strong defense strategy tailored to your case.
Categories of DWI/DUI Charges and Their Consequences
First-Time DWI – Class B Misdemeanor
A first-time DWI charge in Kingwood is typically classified as a Class B misdemeanor. The penalties may include at least 72 hours in jail, fines, probation, and suspension of your driver’s license. Our skilled attorneys will work to challenge the evidence against you and fight for a reduction or dismissal of the charges to protect your driving privileges.
DWI with Open Alcohol Container – Enhanced Class B Misdemeanor
If law enforcement finds an open alcohol container in your vehicle during a DWI stop, the charge can be enhanced to an aggravated Class B misdemeanor. This offense carries a mandatory minimum sentence of six days in jail. Our attorneys will thoroughly examine your case to identify potential defenses and work toward minimizing the penalties you face.
High BAC (0.15% or Greater) – Class A Misdemeanor
If your blood alcohol concentration (BAC) is 0.15% or higher, you will face a Class A misdemeanor charge, which carries more severe penalties, including longer jail sentences, higher fines, and potential license suspension. We will review the accuracy of BAC test results and the circumstances surrounding your arrest to reduce the impact of these enhanced penalties.
Texas BAC Standards and Testing Procedures
In Texas, a BAC of 0.08% or higher is considered legally intoxicated. However, even if your BAC is below the legal limit, you may still be arrested if an officer believes you are impaired. Our team will investigate the testing procedures in your case, including the calibration of breathalyzers, test administration, and other relevant factors. We will ensure that the evidence against you is reliable and challenge any discrepancies.
Key Defense Strategies We May Use
Challenging the Stop
One of the first areas we will evaluate is whether the officer had a legal reason to stop your vehicle. If the stop was unlawful, any evidence obtained afterward may be inadmissible, which could lead to the dismissal of your case.
Reviewing Test Procedures
We will carefully examine how sobriety tests, breathalyzer tests, and blood tests were conducted. If there were any errors or irregularities in the testing process, we may challenge the results, which can weaken the prosecution’s case.
Assessing Field Sobriety Test Conditions
Field sobriety tests can be subjective and influenced by factors such as weather, medical conditions, or even anxiety. We will investigate these factors to determine if they played a role in inaccurate test results.
Medical Conditions That Mimic Intoxication
Certain medical conditions, such as diabetes, acid reflux, or neurological disorders, can cause symptoms similar to intoxication. We will review your medical history and consult with experts to determine whether a medical condition could have led to the signs of impairment observed during your arrest.
Exploring Alternative Legal Solutions
Texas offers alternative legal solutions like deferred adjudication and pre-trial diversion for first-time offenders. These programs allow individuals to avoid a criminal conviction by fulfilling certain requirements. We will explore these options and help you avoid the long-term consequences of a criminal record.
Distinction Between DUI and DWI in Kingwood, Texas
It’s important to understand the distinction between DUI and DWI charges when preparing your defense strategy in Kingwood:
- DUI (Driving Under the Influence): This charge generally applies to individuals under the age of 21 who have any detectable amount of alcohol in their system, even if they are not visibly impaired.
- DWI (Driving While Intoxicated): This charge applies to individuals of all ages who are impaired by alcohol, drugs, or a combination of substances, including prescription medications and illegal drugs.
Factors That Can Increase Penalties and Charges
Several factors may increase the severity of your DWI or DUI charges in Kingwood:
- Prior Convictions
Repeat offenders face harsher penalties, including longer jail sentences, higher fines, and extended driver’s license suspensions. - Accidents Involving Injury or Death
If your DWI or DUI leads to an accident that causes injury or death, you may face felony charges, resulting in lengthy prison sentences and significant penalties. - Open Alcohol Containers in the Vehicle
If law enforcement finds an open alcohol container in your vehicle during a stop, you could face increased fines, extended license suspensions, and additional jail time. - Child Passengers Under 15 Years Old
If you are arrested for DWI and have a child passenger under the age of 15, mandatory jail time and heightened penalties apply.
Our attorneys are committed to minimizing the impact of these aggravating factors and working toward a fair resolution in your case.
Why Kingwood Residents Choose The Law Office of Bryan Fagan, PLLC
In-Depth Knowledge of Texas DWI/DUI Laws
Our attorneys have extensive experience defending clients in DWI and DUI cases throughout Texas, including Kingwood. We are familiar with both state laws and local court procedures, enabling us to provide effective legal strategies for your case.
Aggressive Legal Representation
We offer aggressive representation to protect your rights, ensuring that you are treated fairly throughout the legal process.
Personalized Defense Strategies
Every case is unique. We take the time to understand the specifics of your case and develop a defense strategy tailored to your individual circumstances and goals.
Proven Track Record of Success
With a history of favorable outcomes in DWI and DUI cases in Kingwood and surrounding areas, we are dedicated to achieving the best possible results for every client.
Take Action – Schedule Your Free Consultation
If you’ve been charged with a DWI or DUI in Kingwood, Texas, it’s critical to seek legal help immediately. Early intervention can significantly impact the outcome of your case.
📞 Call The Law Office of Bryan Fagan, PLLC at 281-315-9737 or contact us online to schedule your free, no-obligation consultation.
Our experienced attorneys are ready to guide you through the complexities of DWI and DUI charges in Kingwood, Texas, and will work tirelessly to secure the best possible outcome for your case.
