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DWI/DUI Defense in South Lamar, 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 Lamar, Texas, it is essential to secure a skilled and aggressive legal defense. At The Law Office of Bryan Fagan, PLLC, our experienced attorneys are committed to defending clients facing DWI and DUI charges. We fight tirelessly to protect your rights and develop a defense strategy that works for your unique case.
Understanding DWI and DUI Charges in South Lamar, Texas
DWI and DUI offenses in Texas carry serious consequences, including fines, suspension of your driver’s license, and potential jail time. Our knowledgeable attorneys specialize in Texas DWI and DUI law and are here to guide you through the legal process, offering personalized solutions and expert advice every step of the way.
Texas DWI and DUI Legal Definitions and Penalties
Class B Misdemeanor:
A typical DWI charge in Texas is a Class B misdemeanor. This occurs when a driver operates a vehicle while impaired in a public place. A conviction could result in a minimum jail sentence of 72 hours, fines, and mandatory alcohol education programs.
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 sentence increases to six days. This is a crucial detail when preparing 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 charge carries more severe penalties, such as higher fines and longer potential jail sentences.
What is the Legal BAC Limit in Texas?
In Texas, a BAC of 0.08% or higher is considered legally intoxicated. However, a person can still be arrested for DWI or DUI with a lower BAC if law enforcement believes their ability to drive safely is impaired. Breathalyzer tests are commonly used to measure BAC, but their results can be contested in court if the device was improperly calibrated or administered.
Effective Defenses Against DWI/DUI Charges in South Lamar
- Challenging the Legality of the Traffic Stop
If the police did not have reasonable suspicion or probable cause to stop you, we can challenge the traffic stop, potentially resulting in the suppression of evidence and the dismissal of your case. - Questioning the Accuracy of the Breathalyzer Test
Breathalyzer tests can sometimes provide inaccurate results due to issues like improper calibration or malfunctioning equipment. We will investigate the test’s validity by reviewing maintenance records and ensuring the proper procedures were followed. - Disputing the Field Sobriety Tests
Field sobriety tests are subjective and can be influenced by factors such as fatigue, medical conditions, or poor road conditions. Our attorneys will explore how these factors may have impacted the results of your test. - Medical Conditions as a Defense
Certain medical conditions, like diabetes, acid reflux, or neurological disorders, can mimic the symptoms of intoxication or affect the results of a breathalyzer test. We can consult medical experts to help strengthen your defense. - Pre-Trial Diversion Programs
For first-time offenders, alternative sentencing options like pre-trial diversion or deferred adjudication may be available. These programs may help you avoid a conviction and can lead to the eventual dismissal of charges.
DUI vs. DWI in Texas: What’s the Difference?
DUI (Driving Under the Influence):
DUI charges are typically issued 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):
DWI charges apply to drivers of all ages who are impaired due to alcohol, drugs, or prescription medications. DWI charges carry more severe penalties than DUI charges, and it’s important to understand this distinction for your defense strategy.
Factors That Can Increase DWI/DUI Penalties in South Lamar
Certain factors can increase the severity of DWI and DUI penalties in South Lamar, Texas, including:
- Having a child passenger under 15 years of age in the vehicle
- Involvement in an accident that causes injury or death
- Possessing an open container of alcohol in the vehicle
- Previous DWI or DUI convictions
Our attorneys will carefully examine the facts of your case and work to minimize these aggravating factors when possible.
Why Choose The Law Office of Bryan Fagan, PLLC?
- Experience: Our attorneys have extensive experience and a deep understanding of Texas DWI and DUI laws, as well as proven strategies to win cases.
- Aggressive Defense: We aggressively fight to protect your rights and secure the best possible outcome for you.
- Personalized Service: Each case is unique, and we tailor our defense strategies to meet the specific needs of our clients.
- Proven Results: With a history of successful outcomes in DWI and DUI cases across Texas, we have the experience you need to trust.
Contact Us Today for a Free Consultation
If you are facing DWI or DUI charges in South Lamar, Texas, it’s important to act quickly and secure legal representation. The sooner you contact us, the better we can help you build a strong defense.
📞 Contact The Law Office of Bryan Fagan, PLLC at 512-220-3593or contact us online for a free 30-minute consultation. Our attorneys are here to provide the aggressive legal defense you need to protect your rights, your future, and your freedom.
Don’t face DWI or DUI charges alone. Trust our experienced legal team to fight for you and give you the best chance for a successful outcome.
