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DWI/DUI Legal Defense in Harris County, Texas
Expert Legal Representation from The Law Office of Bryan Fagan, PLLC
If you are facing a Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) charge in Harris County, Texas, the consequences of a conviction can be severe and long-lasting. A DWI or DUI charge can impact your personal freedom, career, and future in ways that could be difficult to recover from. At The Law Office of Bryan Fagan, PLLC, we specialize in defending clients against DWI and DUI charges throughout Harris County. Our dedicated legal team works aggressively to protect your rights, minimize the consequences of these charges, and help you achieve the best possible outcome.
Understanding DWI/DUI Charges in Harris County, Texas
In Harris County, as in the rest of Texas, both DWI and DUI charges are taken very seriously. The penalties for these offenses can range from heavy fines and a suspended driver’s license to jail time. Additionally, a conviction can result in a permanent criminal record, increased insurance premiums, and difficulties finding or keeping a job. With such high stakes, you need a strong defense. The Law Office of Bryan Fagan, PLLC is here to guide you through the legal process and advocate on your behalf.
Common DWI/DUI Charges and Potential Penalties in Harris County
Standard DWI (Class B Misdemeanor)
If you are charged with a first-time DWI offense in Harris County, it is generally classified as a Class B misdemeanor. A conviction may result in a minimum of 72 hours in jail, fines, and a driver’s license suspension. Our team will work relentlessly to reduce these penalties and help secure the most favorable outcome for your case.
DWI with an Open Alcohol Container (Enhanced Class B Misdemeanor)
If an officer finds an open alcohol container in your vehicle during a DWI stop, you may face an enhanced charge. Although still classified as a Class B misdemeanor, the presence of an open container can trigger a mandatory minimum six-day jail sentence, along with other enhanced penalties.
High BAC DWI (Class A Misdemeanor)
If your blood alcohol content (BAC) exceeds 0.15%, you may be charged with a Class A misdemeanor. This charge carries significantly harsher penalties, including a longer jail sentence, larger fines, and a more extended suspension of your driver’s license.
Texas BAC Limits and Arrest Triggers
In Texas, the legal BAC limit is 0.08% for drivers. However, even if your BAC is below this limit, law enforcement may still arrest you for DWI if they believe your ability to drive safely is impaired. Our attorneys will thoroughly review all evidence, including BAC test results, to ensure that they were legally obtained and accurately administered.
Legal Defenses to DWI/DUI Charges in Harris County
At The Law Office of Bryan Fagan, PLLC, we use a variety of defense strategies to challenge DWI and DUI charges in Harris County. Some common defense options include:
- Lack of Probable Cause for the Traffic Stop
If the officer lacked a valid reason to pull you over, any evidence gathered during the stop could be inadmissible. This could lead to the dismissal of your case. - Inaccurate BAC Testing
BAC tests, such as breathalyzers and blood tests, must follow strict procedures. If these procedures were not properly followed or if the equipment was malfunctioning, we will challenge the results. - Unreliable Field Sobriety Tests
Field sobriety tests are subjective and can be affected by factors such as weather conditions, fatigue, or medical conditions. We will investigate the circumstances surrounding the tests to ensure their validity. - Medical Conditions Mimicking Intoxication
Certain medical conditions, like diabetes or acid reflux, can produce symptoms that mimic intoxication. We may consult with medical experts to present a strong defense if your condition was mistaken for impairment. - First-Time Offender Programs
If you are a first-time offender, you may qualify for diversion programs such as deferred adjudication, which can allow you to avoid a conviction and its associated consequences.
DWI vs. DUI: Key Differences in Harris County, Texas
- 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, regardless of whether they are impaired.
- DWI (Driving While Intoxicated): This charge applies to adults over 21 who are impaired by alcohol, drugs, or a combination of substances, including prescription medications.
Understanding the differences between DUI and DWI is essential when determining the best strategy for your defense and understanding the potential penalties associated with each charge.
Factors That Can Increase the Severity of DWI/DUI Charges in Harris County
Several factors may elevate the severity of penalties for DWI and DUI offenses in Harris County, including:
- Repeat Offenses
If you have a previous DWI or DUI conviction, new charges will result in harsher penalties, including longer jail sentences, steeper fines, and extended license suspensions. - Accidents Involving Injury or Death
If your DWI or DUI charge leads to an accident that causes injury or death, you could face felony charges. These charges carry significantly more severe penalties, including long prison sentences. - Child Passengers Under 15 Years Old
If a child passenger under the age of 15 is in your vehicle at the time of your DWI or DUI, additional penalties apply, such as mandatory jail time and increased fines. - Presence of an Open Alcohol Container
If there is an open alcohol container in your vehicle, the penalties associated with your DWI or DUI charge may be enhanced.
At The Law Office of Bryan Fagan, PLLC, we work to minimize the impact of these aggravating factors and pursue the best possible outcome for your case.
Why Choose The Law Office of Bryan Fagan, PLLC in Harris County?
- Comprehensive Knowledge of Texas DWI/DUI Laws
Our attorneys have a deep understanding of Texas DWI and DUI laws, and a proven history of successfully defending clients in Harris County and the surrounding areas. - Aggressive Legal Representation
We are committed to defending your rights and vigorously fighting for a favorable outcome in your case. - Tailored Defense Strategies
Every case is unique, and we will create a defense strategy that is tailored specifically to the details of your case to maximize your chances of success. - Proven Success in DWI/DUI Cases
The Law Office of Bryan Fagan, PLLC has a track record of achieving favorable results for clients facing DWI and DUI charges in Harris County.
Schedule Your Free Consultation Today
If you are facing DWI or DUI charges in Harris County, it is essential to contact an experienced attorney as soon as possible. Early intervention can make a significant difference in 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 team is ready to help you navigate the complexities of DWI and DUI charges in Harris County, Texas. We are here to protect your rights and secure a better future for you.
