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DWI/DUI Defense in Southtown, 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 Southtown, Texas, having a skilled and aggressive legal defense is crucial to protecting your rights. At The Law Office of Bryan Fagan, PLLC, our experienced team of attorneys is committed to defending clients facing DWI and DUI charges. We work tirelessly to ensure you receive the best possible defense and guidance throughout the legal process.
Understanding DWI and DUI Charges in Southtown, Texas
DWI and DUI offenses in Texas are serious and can result in significant consequences, including fines, a suspended driver’s license, and even jail time. The laws surrounding DWI and DUI are complex, and our team is well-versed in the intricacies of Texas law. We are here to guide you through the entire process and provide personalized legal strategies that fit the specific details of your case.
Texas DWI and DUI Legal Definitions and Penalties
Class B Misdemeanor:
In Texas, a typical DWI charge is classified as a Class B misdemeanor. This charge applies when a person is found operating a motor vehicle in a public place while impaired. A conviction could result in at least 72 hours in jail, fines, 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 sentence increases to six days. This could be a significant factor when building your defense.
Class A Misdemeanor:
If your Blood Alcohol Concentration (BAC) is 0.15% or higher, the offense is elevated to a Class A misdemeanor. This charge carries more severe penalties, including higher fines and the possibility of a longer jail sentence.
What is the Legal BAC Limit in Texas?
In Texas, a BAC of 0.08% or higher is legally considered intoxicated. However, even if your BAC is lower than 0.08%, you can still be charged with DWI or DUI if law enforcement believes your ability to drive safely was impaired. Breathalyzer tests are commonly used to measure BAC, but they can be challenged if the device was improperly calibrated or administered.
Effective Defenses Against DWI/DUI Charges in Southtown
- Challenging the Legality of the Traffic Stop
If the police lacked reasonable suspicion or probable cause to pull you over, we can challenge the stop. This could lead to the suppression of evidence and potentially the dismissal of your case. - Questioning the Accuracy of the Breathalyzer Test
Breathalyzer tests are not always reliable. Issues such as improper calibration or malfunctioning equipment can skew results. Our attorneys will investigate the test records and ensure proper protocols were followed. - Disputing the Field Sobriety Tests
Field sobriety tests are highly subjective and can be influenced by various factors, such as fatigue, medical conditions, or road conditions. Our attorneys will analyze these factors and assess their potential impact on the results. - Medical Conditions as a Defense
Certain medical conditions, such as acid reflux, diabetes, or neurological disorders, can cause symptoms that mimic intoxication or interfere with breathalyzer results. We can work with medical experts to provide evidence supporting 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 can help avoid a conviction and may lead to the eventual dismissal of your charges.
DUI vs. DWI in Texas: What’s the Difference?
DUI (Driving Under the Influence):
DUI charges apply primarily to drivers under the age of 21 who have any detectable amount of alcohol in their system, regardless of impairment.
DWI (Driving While Intoxicated):
DWI applies to drivers of any age who are impaired due to alcohol, drugs, or prescription medications. A DWI charge is more serious than a DUI charge and carries higher penalties, which is an important distinction for your defense.
Factors That Can Increase DWI/DUI Penalties in Southtown
Certain factors can result in more severe penalties for DWI and DUI offenses in Southtown, Texas, including:
- Having a child passenger under the age of 15
- Involvement in an accident that causes injury or death
- Possession of an open container of alcohol in the vehicle
- Prior DWI or DUI convictions
Our attorneys will carefully examine these factors and work to reduce their impact on your case, aiming to minimize the penalties you face.
Why Choose The Law Office of Bryan Fagan, PLLC?
- Experience: Our attorneys have extensive knowledge of Texas DWI and DUI laws and courtroom strategies to achieve favorable outcomes.
- Aggressive Defense: We are committed to aggressively protecting your rights and fighting for the best possible outcome for your case.
- Personalized Service: Every case is unique, and we take a personalized approach to create a defense strategy tailored to your specific needs.
- Proven Results: We have a history of successful outcomes in DWI and DUI cases throughout Texas, making us a trusted choice for your defense.
Contact Us Today for a Free Consultation
If you are facing DWI or DUI charges in Southtown, Texas, it is important to act quickly. The sooner you contact us, the sooner we can start building a solid defense for your case.
📞 Contact The Law Office of Bryan Fagan, PLLC at 430-202-6461 or contact us online for a free 30-minute consultation. Our attorneys are ready 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 help you achieve the best possible outcome.
