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DWI/DUI Defense in Johnson County, Texas
Expert Legal Representation from The Law Office of Bryan Fagan, PLLC
Being arrested for a DWI (Driving While Intoxicated) or DUI (Driving Under the Influence) charge in Johnson County, Texas, is a serious matter that can have long-lasting consequences. These charges carry harsh penalties, such as fines, jail time, and the potential suspension of your driver’s license. At The Law Office of Bryan Fagan, PLLC, our experienced legal team is committed to providing strong defense strategies to protect your rights and minimize the potential penalties you may face.
Understanding DWI/DUI Laws in Johnson County
In Johnson County, as well as across the state of Texas, DWI and DUI charges are dealt with severely. Whether you’re facing your first offense or have a history of such charges, having a knowledgeable and skilled lawyer is crucial. Our attorneys are well-versed in Texas law and will help you understand the charges, your legal options, and provide the best possible defense 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 Johnson County, Texas, it is typically classified as a Class B misdemeanor. Penalties for a Class B misdemeanor include a minimum of 72 hours in jail, fines, probation, and the potential for a driver’s license suspension. Our legal team is skilled in challenging the evidence presented in such cases to reduce or dismiss these penalties and help protect your driving privileges.
DWI with Open Alcohol Container – Enhanced Class B Misdemeanor
If law enforcement discovers an open container of alcohol in your vehicle during a DWI stop, your charge may be elevated to an aggravated Class B misdemeanor. This offense results in a minimum of six days in jail due to the heightened risks associated with open alcohol containers. Our attorneys will carefully examine the facts of your case and build a robust defense to challenge any evidence that could strengthen the prosecution’s case.
High BAC (0.15% or Greater) – Class A Misdemeanor
If your blood alcohol concentration (BAC) is 0.15% or higher, you will face a Class A misdemeanor charge. This results in more severe penalties, such as longer jail sentences, higher fines, and extended driver’s license suspensions. We will carefully investigate the accuracy of the BAC tests and work tirelessly to minimize the impact of these penalties.
Texas BAC Standards and Testing Procedures
In Texas, a BAC of 0.08% or higher is considered legal intoxication. However, even if your BAC is below this threshold, you may still face arrest if the officer believes you are impaired. The accuracy of the testing methods, such as breathalyzer calibration and the procedure followed during your arrest, is crucial. Our team will closely scrutinize these tests to ensure the evidence used against you is reliable and accurate.
Key Defense Strategies We May Use
Challenging the Stop
We will review whether the officer had a valid reason to stop your vehicle. If there was no probable cause for the stop, any evidence collected may be inadmissible, leading to a potential dismissal of the case.
Reviewing Test Procedures
We will meticulously evaluate how sobriety tests, breathalyzer tests, or blood tests were administered. If there were any errors or inconsistencies in the testing process, we can use that information to challenge the validity of the evidence.
Assessing Field Sobriety Test Conditions
Field sobriety tests can be subjective, and factors like adverse weather, medical conditions, or anxiety can affect performance. We will investigate these conditions to determine if they contributed to any perceived impairment, potentially weakening the prosecution’s case.
Medical Conditions That Mimic Intoxication
Some medical conditions, such as diabetes or acid reflux, can cause symptoms that resemble intoxication. Our legal team will review your medical history and consult with experts to determine if a medical condition could explain the symptoms observed during your arrest.
Exploring Alternative Legal Solutions
For first-time offenders, Texas provides options such as deferred adjudication or pre-trial diversion programs. These programs allow individuals to avoid a criminal conviction by meeting specific requirements. Our attorneys will explore these alternatives to minimize the long-term effects of your charges.
Distinction Between DUI and DWI in Johnson County, Texas
It is important to understand the distinction between DUI and DWI charges in Johnson County:
- DUI (Driving Under the Influence): Generally applies to individuals under the age of 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 a combination of substances, including prescription medication and illegal drugs.
Understanding the difference is essential for crafting an effective defense strategy tailored to your situation.
Factors That Can Increase Penalties and Charges
Several factors can exacerbate the severity of your DWI or DUI charges in Johnson County, Texas:
- Prior Convictions
Repeat offenders face harsher penalties, including longer jail sentences, higher fines, and extended driver’s license suspensions. - Accidents Involving Injury or Death
If your DWI or DUI results in an accident causing injury or death, you could be facing felony charges, leading to lengthy prison sentences and more severe penalties. - Open Alcohol Containers in the Vehicle
Finding an open alcohol container during a stop can result in increased fines, longer 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 in your vehicle, mandatory jail time and heightened penalties will apply.
Our team of skilled attorneys will work to minimize the impact of these aggravating factors and fight for a fair outcome in your case.
Why Johnson County Residents Choose The Law Office of Bryan Fagan, PLLC
In-Depth Knowledge of Texas DWI/DUI Laws
We have a thorough understanding of Texas DWI and DUI laws and have successfully represented numerous clients in Johnson County.
Aggressive Legal Representation
Our team offers aggressive and effective defense strategies to protect your rights and ensure that you are treated fairly during the legal process.
Customized Defense Strategies
Every case is unique, and we will develop a defense strategy that is tailored specifically to your circumstances. We work closely with you to ensure all of your needs are met.
Proven Track Record of Success
With a history of successful outcomes in DWI and DUI cases in Johnson County, our firm is known for achieving favorable results.
Take Action – Schedule Your Free Consultation
If you’ve been charged with a DWI or DUI in Johnson County, Texas, don’t wait to act. Early legal intervention can significantly improve the outcome of your case.
📞 Call The Law Office of Bryan Fagan, PLLC at 469-772-5806 or contact us online to schedule your free, no-obligation consultation.
Our experienced attorneys are here to guide you through the complexities of DWI and DUI charges in Johnson County and work toward securing the best possible outcome for your case.
