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DWI/DUI Defense in Knox/Henderson, 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 Knox/Henderson, Texas, time is of the essence. These charges carry severe consequences, including heavy fines, possible jail time, and the suspension of your driver’s license. At The Law Office of Bryan Fagan, PLLC, we specialize in defending individuals against DWI and DUI charges in Knox/Henderson. With years of experience, we are dedicated to protecting your rights and helping you minimize the penalties you may face.
Understanding DWI/DUI Laws in Knox/Henderson, Texas
DWI and DUI charges are taken very seriously in Knox/Henderson, just as they are across the entire state of Texas. Whether you’re facing your first offense or you have a history of offenses, it is crucial to have an experienced attorney on your side. At The Law Office of Bryan Fagan, PLLC, our legal team is well-versed in both Texas state law and local legal proceedings in Knox/Henderson. We will help you navigate through the legal process, fully explain your options, and develop a defense strategy designed to minimize your penalties.
Categories of DWI/DUI Charges and Their Consequences
First-Time DWI – Class B Misdemeanor
A first-time DWI charge in Knox/Henderson is typically classified as a Class B misdemeanor. Penalties may include at least 72 hours in jail, fines, probation, and a potential suspension of your driver’s license. Our skilled attorneys will review your case thoroughly, challenge the evidence, and strive for a reduction or dismissal of the charges to protect your driving privileges.
DWI with Open Alcohol Container – Enhanced Class B Misdemeanor
If law enforcement finds an open alcohol container in your vehicle during a DWI stop, your charge could be upgraded to an aggravated Class B misdemeanor. This offense mandates a minimum jail sentence of six days. Our team will carefully analyze your case and explore every possible defense to help minimize the penalties you face.
High BAC (0.15% or Greater) – Class A Misdemeanor
If your blood alcohol concentration (BAC) is 0.15% or greater, you will face a Class A misdemeanor charge. This charge carries harsher penalties, including longer jail sentences, higher fines, and possible extended driver’s license suspension. We will closely review the BAC test results and the conditions of your arrest to challenge the evidence and reduce these enhanced penalties.
Texas BAC Standards and Testing Procedures
In Texas, a BAC of 0.08% or higher is considered legally intoxicated. However, even if your BAC is below this threshold, an officer may still arrest you if they believe you are impaired. Our legal team will scrutinize the testing procedures, including breathalyzer calibration, test administration, and other relevant details, to ensure that the evidence against you is valid. We will challenge any inconsistencies that could weaken the prosecution’s case.
Key Defense Strategies We May Use
Challenging the Stop
One of the first strategies we will use is to assess whether the officer had a legal reason to stop your vehicle in the first place. If the stop was unlawful, any evidence obtained afterward may be inadmissible, potentially resulting in the dismissal of your case.
Reviewing Test Procedures
We will carefully examine how sobriety tests, breathalyzer tests, and blood tests were administered. Any irregularities in these procedures could provide grounds to challenge the results, weakening the prosecution’s case.
Assessing Field Sobriety Test Conditions
Field sobriety tests are often subjective and can be influenced by weather, medical conditions, or even stress. Our team will investigate these factors to determine if they contributed to inaccurate test results.
Medical Conditions That Mimic Intoxication
Certain medical conditions, such as diabetes, acid reflux, or neurological issues, can mimic signs of intoxication. We will review your medical history and consult with medical professionals to determine whether a medical condition could have contributed to the appearance of impairment during your arrest.
Exploring Alternative Legal Solutions
In Texas, programs like deferred adjudication and pre-trial diversion may be available for first-time offenders. These programs allow you to avoid a criminal conviction by fulfilling certain requirements. Our team will explore these options to help you avoid the long-term consequences of a criminal record.
Distinction Between DUI and DWI in Knox/Henderson, Texas
Understanding the difference between DUI and DWI charges is vital when building your defense strategy:
- DUI (Driving Under the Influence): This charge applies primarily to individuals under the age of 21 who have any detectable amount of alcohol in their system, even if they do not show visible signs of impairment.
- DWI (Driving While Intoxicated): This charge applies to individuals of any age who are impaired by alcohol, drugs, or a combination of substances, including prescription medications and illegal drugs.
Factors That Can Increase Penalties and Charges
Several factors can increase the severity of your DWI or DUI charges in Knox/Henderson:
- 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 leads to an accident that causes injury or death, you may face felony charges, resulting in lengthy prison sentences and significant penalties. - Open Alcohol Containers in the Vehicle
If an open alcohol container is discovered in your vehicle, it can lead to higher fines, extended license suspensions, and more severe jail sentences. - Child Passengers Under 15 Years Old
If you are arrested for DWI and have a child passenger under 15 years old, you may face mandatory jail time and more severe penalties.
Our legal team is committed to minimizing the impact of these aggravating factors and working toward a fair resolution in your case.
Why Knox/Henderson Residents Choose The Law Office of Bryan Fagan, PLLC
In-Depth Knowledge of Texas DWI/DUI Laws
Our attorneys have extensive experience defending clients in DWI and DUI cases across Texas, including Knox/Henderson. We understand both state and local laws, which allows us to provide effective legal strategies for your case.
Aggressive Legal Representation
We provide aggressive representation to protect your rights and ensure you are treated fairly throughout the legal process.
Personalized Defense Strategies
Every case is unique, and we take the time to understand the specifics of your case. We will develop a defense strategy tailored to your individual circumstances and goals.
Proven Track Record of Success
With a history of favorable outcomes in DWI and DUI cases in Knox/Henderson and surrounding areas, we are dedicated to helping our clients achieve the best possible results.
Take Action – Schedule Your Free Consultation
If you’ve been charged with a DWI or DUI in Knox/Henderson, Texas, it is important to seek legal assistance as soon as possible. Early intervention can significantly influence 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 Knox/Henderson, Texas, and will work tirelessly to secure the best possible outcome for your case.
