Skip to content 
DWI/DUI Defense in Tarrytown, 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 Tarrytown, Texas, it is essential to have a strong legal team by your side. At The Law Office of Bryan Fagan, PLLC, we specialize in DWI and DUI defense. Our dedicated attorneys offer aggressive and strategic legal counsel to navigate the complexities of Texas law and secure the best possible outcome for your case. We work with you closely, using personalized defense strategies to protect your rights and safeguard your future.
Understanding DWI and DUI Charges in Tarrytown, Texas
DWI and DUI charges in Tarrytown can result in severe consequences such as fines, loss of driving privileges, and potential jail time. Texas has strict impaired driving laws, making it essential to understand the charges you’re facing. The Law Office of Bryan Fagan, PLLC is here to provide expert legal advice and representation. We carefully craft defense strategies that minimize penalties and protect your future, ensuring the best possible resolution for your case.
Texas DWI and DUI Legal Definitions and Penalties
Class B Misdemeanor:
A typical DWI charge in Texas is a Class B misdemeanor. This charge applies when someone is found operating a vehicle while impaired in a public place. A conviction can lead to mandatory jail time (at least 72 hours), fines, and required alcohol education programs.
Enhanced Penalties for Open Containers:
If an open alcohol container is found during a DWI stop, the charge remains a Class B misdemeanor but carries enhanced penalties, including a mandatory six-day jail sentence. This aspect plays a critical role when developing your defense strategy.
Class A Misdemeanor:
When a driver’s Blood Alcohol Concentration (BAC) exceeds 0.15%, the charge is upgraded to a Class A misdemeanor. This serious charge carries higher fines, extended jail sentences, and additional penalties.
What is the Legal BAC Limit in Texas?
In Texas, the legal limit for BAC is 0.08%. However, even if your BAC is below this threshold, you can still be charged with DWI or DUI if law enforcement believes your ability to drive safely is impaired. Breathalyzer tests are commonly used to measure BAC levels, but these results can be challenged in court if there were issues with calibration, equipment malfunction, or improper test procedures.
Effective Defenses Against DWI/DUI Charges in Tarrytown
- Challenging the Legality of the Traffic Stop
If law enforcement did not have reasonable suspicion or probable cause to stop your vehicle, we can challenge the legality of the stop. A successful challenge may lead to the suppression of evidence or, in some cases, a dismissal of charges. - Questioning the Accuracy of the Breathalyzer Test
Breathalyzer tests can sometimes yield inaccurate results due to malfunctioning equipment, improper calibration, or errors in testing procedures. Our attorneys thoroughly investigate every detail surrounding the breathalyzer test to ensure the accuracy of its results. - Disputing the Field Sobriety Tests
Field sobriety tests are subjective and can be influenced by factors such as fatigue, weather conditions, or medical issues. We analyze how these tests were conducted and challenge their reliability when necessary. - Medical Conditions as a Defense
Conditions such as acid reflux, diabetes, or neurological disorders can mimic signs of intoxication or interfere with breathalyzer results. Our team works with medical experts to demonstrate how these conditions may have affected the outcome of your case. - Pre-Trial Diversion Programs
If you’re a first-time offender, pre-trial diversion programs or deferred adjudication may be available. These programs provide a chance to avoid a conviction, and in some cases, can lead to the 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, even if they do not appear impaired.
DWI (Driving While Intoxicated):
DWI charges apply to drivers of all ages who are impaired by alcohol, drugs, or prescription medication. DWI charges are generally more serious than DUI charges, carrying heavier penalties. Understanding this difference is critical when preparing your defense.
Factors That Can Increase DWI/DUI Penalties in Tarrytown
Several factors can lead to more severe penalties for DWI or DUI offenses in Tarrytown, including:
- Having a child passenger under the age of 15
- Causing an accident that results in injury or death
- Possessing an open container of alcohol in the vehicle
- Having prior DWI or DUI convictions
Our legal team will review the facts of your case thoroughly and work to minimize the impact of these aggravating factors, aiming to reduce the severity of your penalties.
Why Choose The Law Office of Bryan Fagan, PLLC?
- Experience: With years of experience handling DWI and DUI cases across Texas, including Tarrytown, our attorneys have a deep understanding of the law and a track record of favorable outcomes.
- Aggressive Defense: We are committed to providing an aggressive defense to protect your rights. Our legal team takes a proactive approach, exploring every available option to secure the best result for your case.
- Personalized Service: We know that every case is unique. We tailor our defense strategies to suit the specific details of your situation, ensuring the most effective representation possible.
- Proven Results: The Law Office of Bryan Fagan has a reputation for success in DWI and DUI cases. Clients in Tarrytown trust us to offer expert legal counsel that achieves results.
Contact Us Today for a Free Consultation
If you are facing DWI or DUI charges in Tarrytown, Texas, time is of the essence. The sooner you contact us, the sooner we can start building your defense.
📞 Contact The Law Office of Bryan Fagan, PLLC at 512-220-3593 or contact us online for a free 30-minute consultation. Our experienced attorneys are ready to offer the aggressive legal defense you need to protect your rights and secure the best possible outcome for your case.
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.
