Atascocita DWI/DUI

DWI/DUI Defense in Atascocita, Texas

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 Atascocita, Texas, it is crucial to have a skilled and experienced legal team on your side. At The Law Office of Bryan Fagan, PLLC, our attorneys specialize in defending clients against DWI and DUI charges, 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 significant consequences that can impact your driving record, freedom, and future opportunities. Our legal team ensures you understand the full scope of your charges and crafts a personalized defense strategy to achieve the best possible outcome for your case.

Legal Definitions and Penalties for DWI/DUI in Texas

1. Class B Misdemeanor

• Offense: The basic DWI charge involves operating a motor vehicle in a public place while impaired.
• Penalty: This offense 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 elevated to a Class A misdemeanor.
• Penalty: This can lead to up to 1 year in jail and fines up to $4,000, along with mandatory installation of an ignition interlock device.

What is the Legal BAC Limit in Texas?

In Texas, a driver is considered legally intoxicated if their BAC is 0.08% or higher. However, law enforcement can still arrest a driver with a lower BAC if they believe the driver’s ability to operate a vehicle is impaired. Breathalyzer tests are commonly used to measure BAC, but the results can be challenged if there are procedural errors or device malfunctions.

Effective Defense Strategies Against DWI/DUI Charges in Atascocita

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 present medical evidence to support your defense.

5. Exploring Pre-Trial Diversion Programs

• For first-time offenders, alternative sentencing options like pre-trial diversion or deferred adjudication may be available. Completing these programs can lead to dismissed charges and help you avoid 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 essential, as the penalties, defense strategies, and legal processes for DUI and DWI can vary significantly.

Aggravating Factors That Can Increase DWI/DUI Penalties

Certain aggravating circumstances under DUI laws can escalate penalties:

• Having a child passenger under 15 years of age in the vehicle (state jail felony).
• Causing an accident resulting 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: In-depth understanding of DUI laws and how to challenge them.
• Aggressive Defense: We are committed to fighting for your rights and reducing penalties.
• Personalized Attention: Every case is unique, and we provide customized legal solutions to fit your situation.
• Successful Track Record: Consistent positive outcomes in DWI/DUI cases, including dismissals and reduced charges.

Contact Our Atascocita DWI/DUI Attorneys Today

If you are facing charges under DUI laws in Atascocita, don’t delay seeking help. The sooner you speak with our experienced team, the better your chance at a favorable outcome.

📞 Call The Law Office of Bryan Fagan, PLLC at 281-562-7344 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.