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DWI/DUI Defense in Katy, 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 Katy, Texas, it is important to take immediate action. These charges carry significant consequences, including fines, potential jail time, and the suspension of your driver’s license. At The Law Office of Bryan Fagan, PLLC, we are dedicated to providing strong defense strategies to protect your rights and minimize the penalties you may face.
Understanding DWI/DUI Laws in Katy, Texas
In Katy, as in the rest of Texas, DWI and DUI charges are treated very seriously. Whether you are facing your first offense or have a history of similar charges, it is critical to have an experienced lawyer on your side. Our attorneys are highly knowledgeable in Texas DWI and DUI laws, and we can guide you through the legal process, providing clarity about your options and working toward the best possible resolution for your case.
Categories of DWI/DUI Charges and Their Consequences
First-Time DWI – Class B Misdemeanor
If you are charged with a first-time DWI offense in Katy, Texas, it is generally classified as a Class B misdemeanor. Penalties for a Class B misdemeanor include at least 72 hours in jail, fines, probation, and the potential suspension of your driver’s license. Our legal team is adept at challenging the evidence in these cases to minimize or dismiss penalties and help protect your driving privileges.
DWI with Open Alcohol Container – Enhanced Class B Misdemeanor
If an open container of alcohol is found in your vehicle during a DWI stop, your charge may be enhanced to an aggravated Class B misdemeanor. This offense carries a mandatory minimum of six days in jail. Our attorneys will carefully review the facts and build a strong defense to challenge any evidence that could be used against you.
High BAC (0.15% or Greater) – Class A Misdemeanor
A BAC of 0.15% or higher will result in a Class A misdemeanor charge, which comes with more severe penalties, such as longer jail sentences, higher fines, and an extended driver’s license suspension. We will thoroughly assess the accuracy of BAC tests and other evidence to minimize the impact of these 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 this threshold, you may still face arrest if the officer believes you are impaired. It’s crucial to evaluate the methods used for BAC testing, including breathalyzer calibration and how the tests were administered. Our attorneys will carefully review the procedures to ensure the evidence is reliable and accurate.
Key Defense Strategies We May Use
Challenging the Stop
A key defense strategy we explore is whether the officer had probable cause to stop your vehicle. If there was no legitimate reason for the stop, any evidence obtained could be deemed inadmissible, potentially leading to the dismissal of your case.
Reviewing Test Procedures
We will examine how sobriety tests, breathalyzer tests, or blood tests were performed. If any errors or inconsistencies occurred during the process, we may be able to challenge the validity of the evidence against you.
Assessing Field Sobriety Test Conditions
Field sobriety tests can be subjective and influenced by factors like weather conditions, medical issues, or anxiety. We will investigate these factors to determine whether they affected your test results and contributed to an inaccurate assessment of your impairment.
Medical Conditions That Mimic Intoxication
Certain medical conditions, such as diabetes or acid reflux, can mimic signs of intoxication. Our legal team will review your medical history and consult with experts to determine if your condition could explain the symptoms observed during your arrest.
Exploring Alternative Legal Solutions
For first-time offenders, Texas offers programs like deferred adjudication or pre-trial diversion. These programs allow individuals to avoid a criminal conviction by completing certain requirements. Our attorneys will evaluate these options and work to minimize the long-term impact of your charge.
Distinction Between DUI and DWI in Katy, Texas
It is important to understand the distinction between DUI and DWI charges in Katy:
- DUI (Driving Under the Influence): Typically applies to individuals under 21 who have any detectable amount of alcohol in their system, even if they are not visibly impaired.
- DWI (Driving While Intoxicated): Applies to individuals of all ages who are impaired by alcohol, drugs, or any combination of substances, including prescription medications and illegal drugs.
Understanding this difference is crucial to formulating an effective defense strategy specific to your case.
Factors That Can Increase Penalties and Charges
Several factors can exacerbate the severity of your DWI or DUI charges in Katy, Texas:
- Prior Convictions
Repeat offenders face more severe 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 causing injury or death, you may face felony charges, which can result in lengthy prison sentences and more severe penalties. - Open Alcohol Containers in the Vehicle
If law enforcement finds an open alcohol container in your vehicle during a stop, it could result in increased fines, extended license suspensions, and additional jail time. - Child Passengers Under 15 Years Old
If you are arrested for a DWI and have a child passenger under 15 years old, mandatory jail time and heightened penalties will apply.
Our attorneys are committed to minimizing the impact of these aggravating factors and fighting for a fair outcome in your case.
Why Katy Residents Choose The Law Office of Bryan Fagan, PLLC
In-Depth Knowledge of Texas DWI/DUI Laws
We have extensive experience defending clients in DWI and DUI cases throughout Texas, including Katy. Our team is well-versed in local and state laws, providing you with the expertise needed for the best defense.
Aggressive Legal Representation
We provide aggressive and effective defense strategies to protect your rights and ensure that you are treated fairly during the legal process.
Personalized Defense Strategies
Every case is unique, and we take the time to craft a defense strategy tailored specifically to your situation and goals. Our attorneys work closely with you throughout the process to ensure your needs are met.
Proven Track Record of Success
With a history of successful outcomes in DWI and DUI cases in Katy and surrounding areas, our firm is known for achieving favorable results for our clients.
Take Action – Schedule Your Free Consultation
If you’ve been charged with a DWI or DUI in Katy, Texas, don’t wait to seek legal assistance. Early legal intervention can significantly improve the outcome of your case.
📞 Call The Law Office of Bryan Fagan, PLLC at 281-562-7344 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 Katy, Texas, and work to secure the best possible outcome for your case.
