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DWI/DUI Defense in State Thomas, 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 State Thomas, Texas, it is critical to have experienced legal counsel on your side. At The Law Office of Bryan Fagan, PLLC, we specialize in DWI and DUI defense, and we are committed to providing aggressive and skilled legal representation. Our attorneys work tirelessly to protect your rights and navigate the complexities of the legal system, developing a personalized defense strategy tailored to your case.
Understanding DWI and DUI Charges in State Thomas, Texas
DWI and DUI charges in Texas carry serious penalties that can include heavy fines, license suspension, and even jail time. Given Texas’ stringent impaired driving laws, understanding the nature of the charges against you is vital. Our team of attorneys will provide you with valuable legal advice, walk you through the entire legal process, and build a defense strategy aimed at minimizing penalties and protecting your future.
Texas DWI and DUI Legal Definitions and Penalties
Class B Misdemeanor:
In Texas, a typical DWI charge is classified as a Class B misdemeanor, which applies when a driver is found to be operating a vehicle while impaired in a public place. Conviction can result in mandatory jail time (at least 72 hours), fines, and completion of alcohol education programs.
Enhanced Penalties for Open Containers:
If law enforcement finds an open container of alcohol in your vehicle during a DWI stop, the charge will remain a Class B misdemeanor but with enhanced penalties, including a mandatory six-day jail sentence. This can be an important factor when formulating your defense strategy.
Class A Misdemeanor:
If your Blood Alcohol Concentration (BAC) is 0.15% or higher, your offense is elevated to a Class A misdemeanor, which carries more severe penalties such as larger fines, lengthier jail sentences, and stricter consequences.
What is the Legal BAC Limit in Texas?
The legal limit for BAC in Texas is 0.08%. However, even if your BAC is below 0.08%, you can still be charged with DWI or DUI if law enforcement believes your ability to drive safely has been impaired. Breathalyzer tests are used to determine BAC, but they can be contested in court if there are issues with calibration or administration of the test.
Effective Defenses Against DWI/DUI Charges in State Thomas
- Challenging the Legality of the Traffic Stop
If the police did not have reasonable suspicion or probable cause to stop your vehicle, we can challenge the legality of the stop. If successful, this can result in the suppression of evidence and possibly lead to the dismissal of your case. - Questioning the Accuracy of the Breathalyzer Test
Breathalyzer tests are not flawless and can be inaccurate due to improper calibration, malfunctioning equipment, or incorrect procedures. Our attorneys will examine the details of the breathalyzer test to ensure that the results are reliable and valid. - Disputing the Field Sobriety Tests
Field sobriety tests can be influenced by many factors, including fatigue, health conditions, or poor weather and road conditions. Our team will review the circumstances under which the tests were performed and challenge their validity when necessary. - Medical Conditions as a Defense
Certain medical conditions such as acid reflux, diabetes, or neurological disorders can lead to symptoms that resemble intoxication or interfere with breathalyzer results. We will consult with medical experts to show how these conditions may have affected your case. - Pre-Trial Diversion Programs
For first-time offenders, pre-trial diversion programs or deferred adjudication may be available. These programs allow you to avoid a conviction, potentially leading to the eventual dismissal of charges and keeping your record clean.
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 alcohol in their system, regardless of whether they show any signs of impairment.
DWI (Driving While Intoxicated):
DWI charges apply to drivers of all ages who are impaired by alcohol, drugs, or prescription medications. DWI charges are generally more serious than DUI charges and carry more severe penalties. Understanding this distinction is important when developing your defense strategy.
Factors That Can Increase DWI/DUI Penalties in State Thomas
There are several factors that can lead to harsher penalties for DWI or DUI offenses in State Thomas, Texas. These include:
- Having a child passenger under the age of 15
- Causing an accident that leads to injury or death
- Possessing an open container of alcohol in the vehicle
- Having prior DWI or DUI convictions
Our attorneys will review the facts of your case thoroughly and work to mitigate the impact of these aggravating factors, striving to reduce the severity of the penalties you face.
Why Choose The Law Office of Bryan Fagan, PLLC?
- Experience: Our legal team has extensive experience in DWI and DUI cases throughout Texas. We understand the complexities of these cases and know how to secure the best possible outcome for our clients.
- Aggressive Defense: We are committed to vigorously defending your rights. Our attorneys take a proactive and assertive approach to every case, working tirelessly to achieve favorable results.
- Personalized Service: Every DWI and DUI case is unique. We tailor our defense strategies to meet the specific needs of your case, ensuring that you receive the most effective legal representation.
- Proven Results: Our law firm has a track record of success in DWI and DUI cases across Texas. We are known for our dedication to achieving positive outcomes for our clients.
Contact Us Today for a Free Consultation
If you are facing DWI or DUI charges in State Thomas, Texas, it’s important to act quickly. The sooner you contact us, the sooner we can begin building a strong defense on your behalf.
📞 Contact The Law Office of Bryan Fagan, PLLC at 469-772-5806 or contact us online for a free 30-minute consultation. Our experienced attorneys are ready to provide you with the aggressive legal defense you need to protect your rights and secure a favorable outcome.
Don’t face DWI or DUI charges alone. Let our skilled legal team fight for your rights and guide you through the legal process for the best possible result.
