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DWI/DUI Defense in Upper Kirby, 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 Upper Kirby, Texas, it’s critical to work with an experienced legal team that understands the complexities of the law. At The Law Office of Bryan Fagan, PLLC, we specialize in defending DWI and DUI charges, providing comprehensive legal support tailored to Upper Kirby’s legal framework. Our attorneys are dedicated to creating a strong defense to protect your rights and work toward the best possible outcome for your case.
Understanding DWI and DUI Charges in Upper Kirby, Texas
In Upper Kirby, a DWI or DUI charge can carry severe consequences, including steep fines, a suspended driver’s license, and potential jail time. Texas enforces strict laws related to impaired driving, and a conviction can have long-lasting effects on your personal life, career, and future. At The Law Office of Bryan Fagan, PLLC, we are committed to offering aggressive defense strategies to minimize the impact of these charges and help you avoid severe penalties.
Upper Kirby DWI and DUI Legal Definitions and Penalties
Class B Misdemeanor:
A typical DWI charge in Upper Kirby is classified as a Class B misdemeanor. This charge occurs when a driver operates a vehicle under the influence of alcohol, drugs, or other impairing substances. A conviction can result in mandatory jail time (at least 72 hours), hefty fines, and required alcohol education classes.
Enhanced Penalties for Open Containers:
If law enforcement finds an open alcohol container during a DWI stop, the charge remains a Class B misdemeanor but carries enhanced penalties, including a mandatory six-day jail sentence. This is an important consideration when building your defense.
Class A Misdemeanor:
When a driver’s Blood Alcohol Concentration (BAC) exceeds 0.15%, the charge escalates to a Class A misdemeanor. This more severe charge involves larger fines, longer jail sentences, and additional legal consequences.
What is the Legal BAC Limit in Upper Kirby, Texas?
The legal BAC limit in Upper Kirby for drivers is 0.08%. However, even if your BAC is under this limit, you could still face DWI or DUI charges if law enforcement believes you are impaired. Breathalyzer tests are often used to measure BAC, but their results may be disputed if there are issues with the equipment, calibration errors, or improper testing procedures.
Effective Defenses Against DWI/DUI Charges in Upper Kirby, Texas
- Challenging the Legality of the Traffic Stop
If law enforcement lacked reasonable suspicion or probable cause to stop your vehicle, we can challenge the legality of the stop. If the stop is ruled unlawful, any evidence gathered during it may be inadmissible, potentially resulting in a case dismissal. - Questioning the Accuracy of the Breathalyzer Test
Breathalyzer tests are not foolproof. Factors like malfunctioning equipment, improper calibration, or testing errors can lead to inaccurate results. Our legal team thoroughly investigates the breathalyzer process and challenges any inconsistencies or mistakes in the test results. - Disputing the Field Sobriety Tests
Field sobriety tests are subjective and can be influenced by numerous factors such as medical conditions, fatigue, or environmental conditions like weather. Our attorneys analyze how these tests were conducted and can challenge their reliability if there were any issues with the administration of the test. - Medical Conditions as a Defense
Certain medical conditions, such as diabetes, neurological disorders, or acid reflux, can cause symptoms that mimic intoxication or interfere with breathalyzer results. We work with medical experts to show how your condition may have affected the accuracy of your case’s testing results. - Pre-Trial Diversion Programs
If this is your first offense, you may be eligible for pre-trial diversion programs or deferred adjudication. These programs offer a chance to avoid a conviction, and in some cases, the charges may be dismissed if all conditions are met.
DUI vs. DWI in Upper Kirby, Texas: What’s the Difference?
DUI (Driving Under the Influence):
DUI charges typically apply to drivers under 21 who have any detectable amount of alcohol in their system, regardless of impairment. This is a serious charge but usually comes with less severe penalties than DWI charges.
DWI (Driving While Intoxicated):
DWI charges apply to all drivers who are impaired by alcohol, drugs, or prescription medications. A DWI charge is typically more severe than a DUI charge, so it’s essential to understand the distinction when building your defense strategy.
Factors That Can Increase DWI/DUI Penalties in Upper Kirby, Texas
Several factors can lead to more severe penalties for DWI or DUI offenses in Upper Kirby, such as:
- 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
At The Law Office of Bryan Fagan, PLLC, we carefully analyze the details of your case to minimize the impact of these aggravating factors and work to reduce the severity of any penalties.
Why Choose The Law Office of Bryan Fagan, PLLC?
- Experience: Our attorneys bring years of experience in defending DWI and DUI cases in Upper Kirby and throughout Texas. We have a deep understanding of Texas laws and a proven track record of favorable outcomes for our clients.
- Aggressive Defense: We are committed to providing aggressive and proactive defense strategies to protect your rights. Our legal team explores every available option to secure the best outcome for your case.
- Personalized Service: Every case is unique, and our attorneys develop customized defense strategies to meet your specific situation. This ensures that you receive the most effective legal representation possible.
- Proven Results: The Law Office of Bryan Fagan has a reputation for achieving positive results in DWI and DUI cases. Clients in Upper Kirby trust us for expert legal advice and successful outcomes.
Contact Us Today for a Free Consultation
If you are facing DWI or DUI charges in Upper Kirby, Texas, it is critical to act fast. The sooner you contact us, the sooner we can begin working on a comprehensive defense to protect your rights.
📞 Contact The Law Office of Bryan Fagan, PLLC at 281-562-7344 or online for a free 30-minute consultation. Our experienced attorneys are ready to provide the aggressive legal defense you need to protect your rights and achieve the best possible outcome for your case.
Don’t face DWI or DUI charges alone. Let our legal team fight for your rights and guide you through the legal process to ensure the best possible result.
