Houston DWI/DUI

DWI/DUI Legal Defense in Houston, Texas

Expert Legal Representation from The Law Office of Bryan Fagan, PLLC

If you’re facing a Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) charge in Houston, Texas, the consequences can be life-altering. A conviction can impact your job, relationships, and freedom. Whether it’s your first offense or a repeat charge, it’s crucial to secure immediate and experienced legal representation to protect your rights. At The Law Office of Bryan Fagan, PLLC, we specialize in defending individuals against DWI and DUI charges in Houston and surrounding areas. Our team is dedicated to providing aggressive and strategic defense to minimize penalties and secure the best possible outcome for your case.

Understanding DWI/DUI Charges in Houston, Texas

In Houston, Texas, DWI and DUI charges are taken very seriously and carry significant legal consequences. Convictions for these offenses can result in hefty fines, a suspended driver’s license, mandatory alcohol education, and even jail time. A DUI or DWI conviction can also remain on your permanent record, which could affect your future job opportunities, insurance premiums, and many other aspects of your life. The Law Office of Bryan Fagan, PLLC, is committed to defending your rights and guiding you through the complexities of Texas’ driving laws to safeguard your future.

Common DWI/DUI Charges and Potential Penalties in Houston

• Standard DWI (Class B Misdemeanor)
  In Houston, a first-time DWI charge is usually a Class B misdemeanor. This can lead to a suspended driver’s license, fines, mandatory alcohol education programs, and probation. Our team works tirelessly to minimize penalties and explore all legal options to achieve the most favorable resolution possible.
• DWI with a High BAC (Class A Misdemeanor)
  If your blood alcohol concentration (BAC) is 0.15% or higher, you may face a Class A misdemeanor. The penalties for a high BAC include a longer license suspension, higher fines, and possibly jail time. We will meticulously analyze your case to reduce penalties and protect your rights.
• DWI with an Open Container (Enhanced Class B Misdemeanor)
  If law enforcement finds an open alcohol container in your vehicle during a DWI stop, you may face enhanced penalties, including mandatory jail time, even if the charge remains a Class B misdemeanor. Our team will scrutinize the evidence to minimize the impact of this enhancement.

Texas DUI/DWI and BAC Limits

In Texas, the legal BAC limit is 0.08% for drivers aged 21 and older. Commercial drivers can be arrested with a BAC of just 0.04% or higher. Texas also enforces a zero-tolerance policy for drivers under 21, meaning any detectable alcohol in their system can result in DUI charges. The Law Office of Bryan Fagan, PLLC, carefully examines all BAC testing procedures to ensure that any evidence gathered during your arrest was legally obtained.

Legal Defenses to DWI/DUI Charges in Houston, Texas

There are several potential defenses to DWI and DUI charges in Houston. Some of the most effective strategies include:

• Lack of Probable Cause for the Traffic Stop
  If law enforcement lacked a valid reason for pulling you over, any evidence gathered during the stop may be inadmissible, potentially resulting in case dismissal.
• Inaccurate BAC Testing
  Breathalyzer or blood tests are not foolproof, and if they were not administered properly, the results may be unreliable. Our attorneys will challenge the testing process to protect your rights.
• Improper Field Sobriety Tests
  Field sobriety tests are subjective and can be affected by various factors, such as fatigue or medical conditions. We will ensure that these tests were conducted fairly and accurately.
• Medical Conditions Mimicking Intoxication
  Certain medical conditions, such as diabetes or acid reflux, can cause symptoms similar to intoxication. We will consult with medical experts to argue that your impairment was due to a medical issue, not alcohol.
• First-Offender Programs
  If this is your first offense, you may qualify for a deferred adjudication or diversion program in Texas, which could help you avoid a conviction and keep your record clean. We will guide you through these programs to maximize your chances of avoiding severe penalties.

DUI vs. DWI: Key Differences in Houston, Texas

It’s important to understand the distinctions between DUI and DWI charges in Houston:

• DWI (Driving While Intoxicated): This applies to drivers aged 21 and older who are impaired by alcohol, drugs, or a combination of both.
• DUI (Driving Under the Influence): This charge specifically applies to underage drivers (under 21) who have any detectable amount of alcohol in their system, regardless of impairment.

Understanding these differences is crucial for developing an effective defense strategy and anticipating the penalties you may face.

Factors That Can Increase the Severity of DWI/DUI Charges in Houston

Certain factors can elevate the severity of DWI and DUI penalties, such as:

• Repeat Offenses
  If you have prior DWI or DUI convictions, subsequent charges can lead to harsher penalties, including extended license suspension and longer jail sentences.
• Injury or Death Involved in an Accident
  If your DWI or DUI leads to an accident resulting in injury or death, you could face felony charges, which carry much more severe penalties, including lengthy prison sentences.
• Child Passengers Under 15 Years Old
  Having a child passenger under 15 in your vehicle during a DWI or DUI stop can lead to enhanced penalties, including mandatory jail time.
• Open Alcohol Containers
  If an open alcohol container is found in your vehicle, it could lead to higher fines, longer license suspension, and other enhanced penalties.

At The Law Office of Bryan Fagan, PLLC, we are committed to reducing or eliminating these aggravating factors to minimize the penalties you face.

Why Choose The Law Office of Bryan Fagan, PLLC in Houston?

• Extensive Knowledge of Texas DWI/DUI Laws
  Our team is highly experienced in Texas DWI and DUI laws and has a proven track record of defending clients in Houston and surrounding areas.
• Aggressive Legal Representation
  We are dedicated to providing aggressive and effective legal defense to protect your rights and pursue the best possible outcome for your case.
• Tailored Defense Strategies
  Every case is different. We craft personalized defense strategies based on the specific details of your case, ensuring the best chance of success.
• Proven Success in DWI/DUI Cases
  The Law Office of Bryan Fagan, PLLC has a history of achieving favorable outcomes for clients facing DWI and DUI charges throughout Houston, Texas.

Schedule Your Free Consultation Today

If you’ve been charged with a DWI or DUI in Houston, Texas, time is of the essence. Early legal intervention can greatly influence 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.

Let us help you navigate the complexities of DWI and DUI charges in Houston, Texas, protect your rights, and secure a brighter future.