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DWI/DUI Defense in Government Hill, Texas
Expert Legal Representation from The Law Office of Bryan Fagan, PLLC
If you’ve been charged with Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) in Government Hill, Texas, having a skilled and knowledgeable legal team on your side is critical to defending your rights. At The Law Office of Bryan Fagan, PLLC, our experienced attorneys specialize in DWI and DUI defense, offering assertive representation to protect your future and help minimize the legal consequences you may face.
Understanding DWI and DUI Laws in Texas
In Texas, both DWI and DUI offenses carry severe consequences that can impact your driving privileges, criminal record, and long-term future. Our team at The Law Office of Bryan Fagan, PLLC will guide you through the legal complexities of your case, offering a customized defense strategy to help you achieve the best possible outcome.
Legal Definitions and Penalties
- Class B Misdemeanor – First-Time DWI
A first-time DWI charge in Texas typically results in a Class B misdemeanor, with a minimum jail sentence of 72 hours, fines, and a potential license suspension. - Enhanced Penalties for Open Containers
If law enforcement finds an open container of alcohol in your vehicle during a DWI stop, the penalty remains a Class B misdemeanor, but the jail sentence is increased to a minimum of six days due to the higher risks involved. - Class A Misdemeanor – High BAC (0.15% or Greater)
A Blood Alcohol Concentration (BAC) of 0.15% or higher elevates the offense to a Class A misdemeanor, which carries harsher penalties, including extended jail time, higher fines, and a longer suspension of your driver’s license.
What is the Legal BAC Limit in Texas?
In Texas, drivers are legally considered intoxicated if their BAC is 0.08% or higher. However, even if your BAC is lower than the legal limit, you can still be arrested for DUI or DWI if the officer believes your ability to safely operate a vehicle is impaired. Breathalyzer tests are often used to measure BAC, but there are circumstances under which these results may be challenged.
Potential Defenses Against DWI/DUI Charges in Government Hill
There are several defense strategies available to challenge DWI or DUI charges in Texas. At The Law Office of Bryan Fagan, PLLC, we carefully analyze the specifics of your case to build a strong defense. Here are some of the strategies we may use:
- Challenging the Legality of the Traffic Stop
If law enforcement did not have probable cause to stop you, any evidence gathered during the stop may be inadmissible. This could lead to a dismissal of your case. - Questioning the Accuracy of Breathalyzer Tests
Breathalyzer machines must be calibrated and operated correctly. We review maintenance records and testing procedures to ensure that the results are valid. If errors are found, we may challenge the test results. - Disputing Field Sobriety Tests
Field sobriety tests are not foolproof. We investigate whether medical conditions, environmental factors, or fatigue could have affected your performance during these tests. - Medical Conditions as a Defense
Certain medical conditions, such as diabetes or acid reflux, can mimic signs of intoxication or affect breathalyzer readings. We will gather relevant medical evidence to support your case. - Exploring Pre-Trial Diversion Options
For first-time offenders, alternative sentencing options like pre-trial diversion or deferred adjudication may be available. These options can result in a dismissal of the charges and avoid a conviction on your criminal record.
DUI vs. DWI: What’s the Difference in Texas?
- DUI (Driving Under the Influence): Typically applies to minors under the age of 21 who are caught with any detectable amount of alcohol in their system.
- DWI (Driving While Intoxicated): Applies to adults whose mental or physical abilities are impaired due to alcohol, drugs, or a combination of substances, including prescription medications.
Understanding the differences between DUI and DWI is critical, as the defense strategies and penalties for each charge can differ significantly.
Factors That Can Increase DWI/DUI Penalties
Certain factors can elevate the severity of DWI or DUI charges and lead to more severe penalties. These aggravating circumstances include:
- Having a Child Passenger under 15 Years Old
If you are caught driving while intoxicated with a child passenger under 15, the penalties are significantly harsher, including mandatory jail time and larger fines. - Involvement in an Accident with Injury or Death
If you are involved in a DWI or DUI accident that results in injury or death, you can face felony charges and severe penalties. - Possession of an Open Alcohol Container
Driving with an open container of alcohol in your vehicle will increase the penalties and complicate your case. - Prior DWI/DUI Convictions
If you have previous DWI or DUI convictions, any subsequent offenses will result in more severe penalties, including longer jail sentences and higher fines.
Why Choose The Law Office of Bryan Fagan, PLLC?
- Extensive Experience with Texas DWI/DUI Laws
Our attorneys have deep knowledge of Texas DWI and DUI laws and are committed to providing aggressive defense strategies. - Personalized, Aggressive Representation
We offer tailored legal solutions that prioritize your interests and work hard to achieve the best possible outcome for your case. - Compassionate Client Support
We understand that facing DWI or DUI charges can be stressful. Our team provides compassionate support throughout the entire legal process to ensure you are informed and confident every step of the way. - Proven Track Record of Success
With a strong history of success in defending DWI and DUI cases in Government Hill, TX, we have the experience and knowledge to protect your rights and fight for the best possible result.
Take Action – Schedule Your Free Consultation Today
If you are facing DWI or DUI charges in Government Hill, don’t wait to secure a strong defense. The sooner you contact us, the sooner we can start building a case that protects your future.
📞 Call The Law Office of Bryan Fagan, PLLC at 430-202-6461 or contact us online for a free, no-obligation consultation.
Let us help you navigate your DWI/DUI charges with confidence and the skilled legal defense you need. With our proven track record, we are dedicated to providing the support and results you deserve.
