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DWI/DUI Defense in South Congress, Texas
Expert Legal Representation at The Law Office of Bryan Fagan, PLLC
If you’ve been charged with Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) in South Congress, Texas, securing a knowledgeable and aggressive defense attorney is essential. At The Law Office of Bryan Fagan, PLLC, our experienced team specializes in defending individuals facing DWI and DUI charges. We are committed to protecting your rights, fighting for your future, and providing the strategic defense you need.
Understanding DWI and DUI Charges in South Congress, Texas
In Texas, DWI and DUI offenses are serious and can carry long-lasting consequences, including fines, license suspension, and even jail time. Our attorneys are well-versed in Texas DWI and DUI laws and are here to help you navigate the complex legal landscape. We will work closely with you to understand the details of your case and create a customized defense strategy.
Texas DWI and DUI Legal Definitions and Penalties
Class B Misdemeanor:
A standard DWI charge in Texas is considered a Class B misdemeanor. This occurs when a person operates a vehicle in a public place while impaired. A Class B misdemeanor conviction can result in a minimum jail term of 72 hours, a fine, and mandatory alcohol education classes.
Enhanced Penalties for Open Containers:
If law enforcement finds an unsealed alcohol container in your vehicle during a DWI stop, the offense remains a Class B misdemeanor, but the minimum jail time increases to six days. This is important to understand as you prepare your defense strategy.
Class A Misdemeanor:
If a driver’s Blood Alcohol Concentration (BAC) is 0.15% or higher, the offense is elevated to a Class A misdemeanor. This carries more severe penalties, including higher fines and potentially longer jail time.
What is the Legal BAC Limit in Texas?
In Texas, a BAC of 0.08% or higher is considered legally intoxicated. However, even if your BAC is lower than 0.08%, you can still face DUI or DWI charges if law enforcement believes your ability to drive was impaired. Breathalyzer tests are often used to measure BAC levels, but they can be challenged if the test was not administered correctly.
Effective Defenses Against DWI/DUI Charges in South Congress
1. Challenging the Legality of the Traffic Stop
If law enforcement did not have a valid reason to stop you, we can challenge the stop, which may lead to the dismissal of your case.
2. Questioning the Accuracy of the Breathalyzer Test
Breathalyzer results can be flawed due to improper calibration or malfunctioning equipment. Our attorneys will examine test records and operator procedures to uncover any inaccuracies in the results.
3. Disputing the Field Sobriety Tests
Field sobriety tests can be subjective and influenced by many factors, such as fatigue or medical conditions. We will explore how these factors may have affected the outcome of the tests.
4. Medical Conditions as a Defense
Certain medical conditions like acid reflux, diabetes, or neurological disorders can cause symptoms similar to intoxication. We will consult with medical experts to strengthen your defense.
5. Pre-Trial Diversion Programs
If this is your first DWI or DUI offense, there may be options for alternative sentencing, such as pre-trial diversion or deferred adjudication, which could allow you to avoid a conviction.
DUI vs. DWI in Texas: What’s the Difference?
Understanding the distinction between DUI and DWI is key to your defense:
DUI (Driving Under the Influence):
Applies to drivers under the age of 21 who have any detectable amount of alcohol in their system, regardless of whether they are impaired.
DWI (Driving While Intoxicated):
Applies to drivers of any age who are impaired due to alcohol, drugs, or prescription medication. A DWI charge is more severe than a DUI charge, carrying higher penalties.
Factors That Can Increase DWI/DUI Penalties
Certain aggravating factors can result in more severe penalties for DWI or DUI offenses in South Congress, Texas:
- Having a child passenger under 15 years of age in the vehicle
- Being involved in an accident that causes injury or death
- Possessing an open container of alcohol in the vehicle
- Having prior DWI or DUI convictions
Our attorneys will carefully evaluate the circumstances of your case and work to minimize these factors in your defense.
Why Choose The Law Office of Bryan Fagan, PLLC?
- Experience: Our attorneys have in-depth knowledge of Texas DWI/DUI laws and strategies to win cases.
- Aggressive Defense: We fight for your rights and work to achieve the best possible outcome in your case.
- Personalized Service: Every case is unique, and we tailor our defense strategies to fit your specific situation.
- Proven Results: We have a strong track record of success in DWI and DUI cases across Texas.
Contact Us Today for a Free Consultation
If you are facing DWI or DUI charges in South Congress, Texas, don’t wait to secure legal representation. The sooner you contact us, the stronger your defense can be.
📞 Contact The Law Office of Bryan Fagan, PLLC at 512-220-3593 or contact us online for a free 30-minute consultation. Our attorneys are ready to provide the experienced, aggressive defense you need to protect your rights and your future.
Don’t face DWI or DUI charges alone. Trust our legal team to fight for you and give you the best chance for a successful outcome.
