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DWI/DUI Defense in Smith County, Texas
Strong Legal Support from The Law Office of Bryan Fagan, PLLC
If you’re facing a DWI or DUI charge in Smith County, Texas, securing experienced legal counsel is critical. The Law Office of Bryan Fagan, PLLC is prepared to offer you strategic and assertive representation, aimed at protecting your rights and reducing the potential long-term effects of a conviction.
DWI/DUI Laws and Procedures in Smith County
In Texas, driving while impaired by alcohol or drugs is a serious criminal offense. Our team works to craft individualized defense strategies, keeping you informed throughout each phase of your case and fighting to minimize penalties.
Types of Charges and Possible Penalties
- First-Time DWI – Class B Misdemeanor
This includes a minimum jail sentence of 72 hours and substantial fines. - DWI Involving an Open Container – Enhanced Class B
Carries a mandatory six-day jail term due to added public safety concerns. - High BAC (0.15% or More) – Class A Misdemeanor
Brings enhanced consequences such as extended incarceration and longer license suspension.
Understanding BAC Levels and Testing in Texas
Texas law defines intoxication as a BAC of 0.08% or greater, but arrests can also occur based on observed impairment. We examine whether testing procedures were conducted properly, and if any discrepancies in equipment or protocol could help your defense.
Strategic Defense Approaches We May Pursue
- Challenging the Basis for the Stop
Was there legitimate probable cause for the traffic stop? - Evaluating Testing Accuracy
Were the chemical or field sobriety tests administered and calibrated correctly? - Environmental and Physical Conditions
Could lighting, footwear, illness, or road conditions have influenced test results? - Medical Factors
Issues like hypoglycemia, neurological disorders, or fatigue can appear as intoxication symptoms. - Exploring Pretrial Options
If you qualify, we may seek alternatives like deferred adjudication or diversion programs to avoid a conviction.
Understanding DUI vs. DWI in Texas Law
- DUI: Typically applies to drivers under 21 caught with any detectable amount of alcohol.
- DWI: Involves adults whose physical or mental faculties are impaired due to substances.
Each case demands a nuanced and tailored legal defense to achieve the most favorable outcome.
Elements That May Increase the Severity of Charges
- Repeat DWI/DUI offenses
- Accidents causing injury or major property damage
- Alcohol containers found in the vehicle
- Transporting a minor while impaired
Our legal team is skilled at pushing back against these aggravating factors to minimize your risk.
Why Smith County Clients Trust Our Legal Team
- Deep Understanding of Texas Criminal and Traffic Law
- Aggressive and Tailored Defense Tactics
- Hands-On Support Throughout the Legal Process
- Successful Outcomes in DWI/DUI Cases Across Texas
Take the First Step – Free Legal Consultation
Quick action can make a significant difference in your case.
📞 Reach out to The Law Office of Bryan Fagan, PLLC at 469-772-5806 or contact us online for your complimentary 30-minute consultation.
Let us help you navigate your Smith County DWI/DUI case with strength and precision.
