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DWI/DUI Defense in Kaufman County, Texas
Expert Legal Representation from The Law Office of Bryan Fagan, PLLC
If you’ve been arrested for a DWI (Driving While Intoxicated) or DUI (Driving Under the Influence) charge in Kaufman County, Texas, it’s crucial to act quickly. These charges carry serious consequences, including potential fines, jail time, and suspension of your driver’s license. At The Law Office of Bryan Fagan, PLLC, we are dedicated to providing strong legal defense to protect your rights and minimize the penalties you may face. We have extensive experience in handling DWI and DUI cases across Kaufman County and are here to fight for the best possible outcome for you.
Understanding DWI/DUI Laws in Kaufman County, Texas
In Kaufman County, as throughout Texas, DWI and DUI charges are taken very seriously. Whether you are facing your first offense or have a previous history of similar charges, having an experienced lawyer who understands the local legal system is critical. Our team at The Law Office of Bryan Fagan, PLLC is well-versed in Texas DWI and DUI laws and can guide you through the complexities of your case. We will work tirelessly to help you understand the charges, assess your options, and achieve the best possible resolution for your situation.
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 Kaufman County, Texas, the offense is generally classified as a Class B misdemeanor. Penalties for a Class B misdemeanor typically include at least 72 hours in jail, fines, probation, and the possibility of a driver’s license suspension. Our legal team has the experience to challenge the evidence presented in these cases to help minimize or dismiss penalties, ultimately protecting your driving privileges.
DWI with Open Alcohol Container – Enhanced Class B Misdemeanor
If an open container of alcohol is discovered in your vehicle during a DWI stop, your charge may be elevated to an aggravated Class B misdemeanor. This offense carries a mandatory minimum sentence of six days in jail. Our attorneys will carefully review the facts and circumstances of your case, developing a strong defense to contest any evidence that could support the prosecution’s case.
High BAC (0.15% or Greater) – Class A Misdemeanor
A BAC of 0.15% or higher leads to a Class A misdemeanor charge, which carries more severe penalties, including longer jail sentences, higher fines, and extended driver’s license suspensions. We will thoroughly examine the accuracy of BAC tests and all available evidence in your case to minimize the impact of these penalties.
Texas BAC Standards and Testing Procedures
In Texas, a BAC of 0.08% or higher is legally considered intoxicated. However, even if your BAC is below 0.08%, you may still be arrested if the officer believes you are impaired. It is essential to evaluate the methods used for BAC testing, including breathalyzer calibration, how tests were administered, and whether they were conducted properly. Our attorneys will scrutinize these procedures to ensure that the evidence is accurate and reliable.
Key Defense Strategies We May Use
Challenging the Stop
One of the first defenses we explore is whether the officer had probable cause to stop your vehicle. If there was no legitimate reason for the stop, any evidence obtained could be considered inadmissible, potentially leading to the dismissal of your case.
Reviewing Test Procedures
We will closely examine how sobriety tests, breathalyzer tests, or blood tests were conducted. If any errors or inconsistencies occurred during the process, we may be able to challenge the validity of the evidence against you.
Assessing Field Sobriety Test Conditions
Field sobriety tests can be subjective, and their accuracy can be affected by factors such as poor weather conditions, medical issues, or even anxiety. We will investigate these factors to determine whether they may have contributed to an inaccurate assessment of your impairment.
Medical Conditions That Mimic Intoxication
Certain medical conditions, such as diabetes, acid reflux, or neurological disorders, can produce symptoms similar to intoxication. Our attorneys will review your medical history and consult with experts to determine whether a medical condition could explain the symptoms observed during your arrest.
Exploring Alternative Legal Solutions
Texas offers programs like deferred adjudication or pre-trial diversion for first-time offenders. These programs allow individuals to avoid a criminal conviction by fulfilling specific requirements. Our team will evaluate these alternatives and help minimize the long-term consequences of your charge.
Distinction Between DUI and DWI in Kaufman County, Texas
It is important to understand the difference between DUI and DWI charges in Kaufman 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 any age who are impaired by alcohol, drugs, or any combination of substances, including prescription medications and illegal drugs.
Recognizing the distinction between DUI and DWI is crucial to forming a defense strategy tailored to your specific case.
Factors That Can Increase Penalties and Charges
Several factors can escalate the severity of your DWI or DUI charges in Kaufman County, Texas:
- Prior Convictions
Repeat offenders face more severe penalties, such as extended jail sentences, larger fines, and longer driver’s license suspensions. - Accidents Involving Injury or Death
If your DWI or DUI leads to an accident resulting in injury or death, you may face felony charges, which carry more severe penalties, including long prison sentences. - Open Alcohol Containers in the Vehicle
If law enforcement finds an open alcohol container in your vehicle during a stop, it could result in increased fines, longer license suspensions, and more jail time. - Child Passengers Under 15 Years Old
If you are arrested for a DWI and have a child passenger under the age of 15, mandatory jail time and heightened penalties will apply.
Our team is dedicated to minimizing the impact of these aggravating factors and will work diligently to fight for a fair resolution in your case.
Why Kaufman County Residents Choose The Law Office of Bryan Fagan, PLLC
In-Depth Knowledge of Texas DWI/DUI Laws
We have years of experience defending clients in DWI and DUI cases throughout Texas, including in Kaufman County. Our attorneys are highly familiar with local and state laws, providing you with the legal expertise necessary for the best defense.
Aggressive Legal Representation
We provide aggressive representation to protect your rights, ensuring you are treated fairly throughout the legal process.
Personalized Defense Strategies
Each case is unique, which is why we craft defense strategies tailored to your specific circumstances and goals. Our attorneys will work closely with you, offering guidance every step of the way.
Proven Track Record of Success
Our firm has a long history of achieving successful outcomes in DWI and DUI cases in Kaufman County and surrounding areas. We are committed to securing the best possible result for every client.
Take Action – Schedule Your Free Consultation
If you’ve been charged with a DWI or DUI in Kaufman County, Texas, don’t wait to seek legal help. Early intervention can make a significant difference in 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 ready to assist you with navigating the complexities of DWI and DUI charges in Kaufman County, Texas, and will work tirelessly to secure the best possible outcome for your case.
