Skip to content 
DWI/DUI Defense in Westmoreland Heights, Texas
Expert Legal Representation at The Law Office of Bryan Fagan, PLLC
If you have been charged with Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) in Westmoreland Heights, Texas, it is essential to have a skilled and experienced legal team by your side. At The Law Office of Bryan Fagan, PLLC, we specialize in defending clients against DWI and DUI charges in Westmoreland Heights and the surrounding areas. Our attorneys provide aggressive, strategic legal representation designed to protect your rights and secure the best possible outcome for your case.
Understanding DWI and DUI Charges in Westmoreland Heights, Texas
Being charged with a DWI or DUI in Westmoreland Heights can lead to significant consequences, including hefty fines, the suspension of your driver’s license, and even jail time. Texas law strictly enforces impaired driving regulations, and a conviction can have long-lasting effects on your personal and professional life. At The Law Office of Bryan Fagan, PLLC, we are committed to guiding you through the complexities of Texas law and minimizing the impact of the charges against you. Our experienced attorneys will work diligently to secure the most favorable resolution for your case.
Westmoreland Heights DWI and DUI Legal Definitions and Penalties
Class B Misdemeanor:
A typical DWI charge in Westmoreland Heights is classified as a Class B misdemeanor when a driver is operating a vehicle while impaired by alcohol, drugs, or other controlled substances. A conviction for a Class B misdemeanor can lead to mandatory jail time (at least 72 hours), significant fines, and required alcohol education courses.
Enhanced Penalties for Open Containers:
If an open container of alcohol is discovered in your vehicle during a DWI stop in Westmoreland Heights, the charge will remain a Class B misdemeanor but with heightened penalties. This may include a mandatory six-day jail sentence, which can significantly affect your defense strategy.
Class A Misdemeanor:
If your Blood Alcohol Concentration (BAC) exceeds 0.15%, your charge may be elevated to a Class A misdemeanor. This more serious charge comes with higher fines, longer jail sentences, and additional penalties. A skilled attorney can help navigate these serious consequences and work to protect your future.
What is the Legal BAC Limit in Westmoreland Heights, Texas?
In Westmoreland Heights, the legal BAC limit for drivers is 0.08%. However, even if your BAC is below this level, you could still face DWI or DUI charges if law enforcement believes you were impaired. Breathalyzer tests are commonly used to measure BAC levels, but they are not always reliable due to issues such as malfunctioning equipment, improper calibration, or human error. These factors can provide a strong defense against inaccurate test results.
Effective Defenses Against DWI/DUI Charges in Westmoreland Heights, Texas
- 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. If the stop is ruled unlawful, any evidence gathered may be inadmissible, which could lead to the dismissal of the charges. - Questioning the Accuracy of the Breathalyzer Test
Breathalyzer tests are not always reliable. Problems like malfunctioning equipment, improper calibration, or human error can result in incorrect results. Our attorneys will conduct a thorough investigation into the breathalyzer process and challenge any inconsistencies in the results. - Disputing the Field Sobriety Tests
Field sobriety tests are subjective and can be influenced by factors like weather conditions, fatigue, or medical conditions. We will carefully examine how these tests were administered and challenge their validity if there were any irregularities or errors. - Medical Conditions as a Defense
Certain medical conditions, such as diabetes or acid reflux, can cause symptoms that mimic intoxication or interfere with breathalyzer results. Our attorneys will work with medical professionals to demonstrate how your condition may have affected the results or led to the perception of impairment. - Pre-Trial Diversion Programs
If this is your first offense, you may be eligible for pre-trial diversion programs or deferred adjudication. These programs allow you to avoid a conviction, and in some cases, the charges may be dismissed once you meet the program’s requirements.
DUI vs. DWI in Westmoreland Heights, Texas: What’s the Difference?
DUI (Driving Under the Influence):
DUI charges are typically filed against drivers under 21 who have any detectable amount of alcohol in their system, even if they are not showing signs of impairment. DUI charges generally carry less severe penalties compared to DWI charges.
DWI (Driving While Intoxicated):
DWI charges apply when a driver is impaired by alcohol, drugs, or prescription medication. DWI charges typically come with more severe penalties, and it is essential to have a focused and strategic defense to address these charges effectively.
Factors That Can Increase DWI/DUI Penalties in Westmoreland Heights, Texas
Several factors can lead to increased penalties for DWI or DUI offenses in Westmoreland Heights, including:
- Having a child passenger under the age of 15
- Causing an accident resulting 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 take these aggravating factors into account and work relentlessly to reduce their impact on your case. We will fight to minimize the severity of any penalties and protect your future.
Why Choose The Law Office of Bryan Fagan, PLLC?
- Experience: Our attorneys have extensive experience defending DWI and DUI cases in Westmoreland Heights and throughout Texas. We are well-versed in the complexities of Texas law and have a proven track record of successful outcomes for our clients.
- Aggressive Defense: We employ aggressive defense strategies and explore every legal avenue to protect your rights and achieve the best possible result for your case.
- Personalized Service: We understand that each case is unique. Our defense strategies are tailored to meet the specific needs of each client, ensuring you receive the most effective legal representation.
- Proven Results: The Law Office of Bryan Fagan has built a strong reputation for delivering favorable outcomes in DWI and DUI cases. Clients in Westmoreland Heights trust us for our expertise, professionalism, and record of success.
Contact Us Today for a Free Consultation
If you are facing DWI or DUI charges in Westmoreland Heights, Texas, it is crucial to act quickly. The sooner you contact us, the sooner we can begin building your defense and protecting your rights.
📞 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 here to provide the legal guidance you need to secure the best possible outcome for your case.
Don’t face DWI or DUI charges alone—let our legal team fight for you and guide you through the legal process to achieve the best possible result.
