DWI/DUI Defense in Tomball, Texas
Expert Legal Representation 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 Tomball, Texas, it’s crucial to have a dedicated and experienced legal team on your side. At The Law Office of Bryan Fagan, PLLC, we specialize in DWI and DUI defense, offering aggressive and strategic legal counsel tailored to the specific laws of Texas. Our attorneys will work closely with you to develop a defense that maximizes the potential for a favorable outcome, ensuring that your rights are protected every step of the way.
Understanding DWI and DUI Charges in Tomball, Texas
DWI and DUI charges in Tomball can carry severe consequences, including expensive fines, driver’s license suspension, and even jail time. Texas has strict laws when it comes to impaired driving, and a conviction for DWI or DUI can have long-lasting effects on both your personal and professional life. At The Law Office of Bryan Fagan, PLLC, our team of skilled attorneys is committed to providing expert legal advice and a robust defense to minimize penalties and protect your future.
Texas DWI and DUI Legal Definitions and Penalties
Class B Misdemeanor:
A typical DWI charge in Texas is classified as a Class B misdemeanor. This applies when a driver is caught operating a vehicle while impaired in a public place. A conviction for a Class B misdemeanor can result in mandatory jail time (at least 72 hours), significant fines, and the requirement to attend alcohol education programs.
Enhanced Penalties for Open Containers:
If an open alcohol container is found during a DWI stop, the charge remains a Class B misdemeanor but comes with enhanced penalties, including a mandatory six-day jail sentence. This is an important aspect to consider when preparing your defense strategy.
Class A Misdemeanor:
When a driver’s Blood Alcohol Concentration (BAC) exceeds 0.15%, the charge is upgraded to a Class A misdemeanor. This more serious charge carries harsher penalties, such as larger fines, longer jail sentences, and additional legal consequences.
What is the Legal BAC Limit in Texas?
The legal BAC limit in Texas is 0.08%. However, even if your BAC is below this limit, you can still be charged with DWI or DUI if law enforcement believes your ability to drive safely is impaired. Breathalyzer tests are commonly used to measure BAC, but these test results can be contested in court if there are concerns about calibration errors, malfunctioning equipment, or improper procedures during testing.
Effective Defenses Against DWI/DUI Charges in Tomball
- Challenging the Legality of the Traffic Stop
If law enforcement officers did not have reasonable suspicion or probable cause to stop your vehicle, we can challenge the legality of the stop. If the stop is deemed unlawful, any evidence obtained during the stop could be suppressed or lead to the dismissal of charges. - Questioning the Accuracy of the Breathalyzer Test
Breathalyzer tests can sometimes yield inaccurate results due to faulty equipment, improper calibration, or errors during the testing process. Our team investigates every detail of the breathalyzer procedure and challenges any inaccuracies or issues with the test results. - Disputing the Field Sobriety Tests
Field sobriety tests are often subjective and can be influenced by factors such as fatigue, weather conditions, or medical conditions. We carefully examine how these tests were administered and challenge their reliability if there were issues during testing. - Medical Conditions as a Defense
Certain medical conditions, such as acid reflux, diabetes, or neurological disorders, can cause symptoms that mimic intoxication or interfere with breathalyzer results. We consult with medical professionals to demonstrate how your condition may have impacted your case. - Pre-Trial Diversion Programs
For first-time offenders, pre-trial diversion programs or deferred adjudication may be available. These programs provide an opportunity to avoid a conviction, and in some cases, charges may be dismissed if certain conditions are met.
DUI vs. DWI in Texas: What’s the Difference?
DUI (Driving Under the Influence):
DUI charges typically apply to drivers under the age of 21 who have any detectable amount of alcohol in their system, even if they do not appear impaired.
DWI (Driving While Intoxicated):
DWI charges apply to drivers of all ages who are impaired by alcohol, drugs, or prescription medications. DWI charges generally carry more severe penalties than DUI charges, so understanding the differences is critical for crafting an effective defense strategy.
Factors That Can Increase DWI/DUI Penalties in Tomball
Certain factors can result in more severe penalties for DWI or DUI offenses in Tomball, such as:
- Having a child passenger under the age of 15
- Causing an accident that leads to injury or death
- Possessing an open container of alcohol in the vehicle
- Having prior DWI or DUI convictions
Our legal team at The Law Office of Bryan Fagan, PLLC, thoroughly examines the facts of your case to mitigate the impact of these aggravating factors and works diligently to reduce the penalties you may face.
Why Choose The Law Office of Bryan Fagan, PLLC?
- Experience: Our attorneys have extensive experience defending DWI and DUI cases in Tomball and across Texas. With a deep understanding of Texas law, we have a proven track record of achieving favorable outcomes for our clients.
- Aggressive Defense: We are committed to offering a strong defense to protect your rights. Our legal team takes a proactive approach, exploring all possible avenues for the best result in your case.
- Personalized Service: Every case is unique, and our attorneys create defense strategies tailored to your specific situation, ensuring that you receive the most effective legal representation.
- Proven Results: The Law Office of Bryan Fagan is well-known for achieving positive results in DWI and DUI cases. Clients in Tomball trust us to provide expert legal counsel and consistently deliver successful outcomes.
Contact Us Today for a Free Consultation
If you are facing DWI or DUI charges in Tomball, Texas, it’s critical to act quickly. The sooner you contact us, the sooner we can begin preparing a strong defense on your behalf.
📞 Contact The Law Office of Bryan Fagan, PLLC at 281-562-7344 or online for a free 30-minute consultation. Our experienced attorneys are ready to provide the aggressive legal defense you need to protect your rights and work toward the best possible outcome for your case.
Don’t face DWI or DUI charges alone. Let our legal team fight for your rights and guide you through the legal process to ensure the best possible result.
