Expert DWI/DUI Defense at The Law Office of Bryan Fagan

Welcome to the Law Office of Bryan Fagan, where we specialize in defending clients against charges of Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) in Texas. Understanding the complexities of Texas DUI and DWI laws is crucial for anyone facing such charges. Our expert legal team is here to guide you through every step of the legal process, ensuring the best possible defense.

Understanding DUI and DWI in Texas

Legal Definitions and Penalties

According to the Texas Penal Code, Title 10 Chapter 49 Sec. 49.04:

• Class B Misdemeanor: The basic offense of DWI is defined as operating a motor vehicle in a public place while impaired. This is typically classified as a Class B misdemeanor, which includes a minimum jail term of 72 hours.
• Presence of an Alcohol Container: If it is proven that the driver had an unsealed alcohol container in the vehicle at the time of the offense, the charge remains a Class B misdemeanor but with a minimum jail term of six days.
• Higher Alcohol Concentration: If a driver’s blood, breath, or urine test shows an alcohol concentration of 0.15% or higher at the time of testing, the offense is elevated to a Class A misdemeanor.

The Legal Limit

In Texas, a motorist is legally considered intoxicated if their Blood Alcohol Concentration (BAC) is 0.08% or higher. Law enforcement uses breathalyzer tests to measure a driver’s BAC from a breath sample. However, a police officer can arrest a driver for DWI even if their BAC is below the legal limit if they believe the driver’s ability to operate the vehicle safely is compromised.

Potential Defenses Against DWI/DUI Charges

Facing DWI or DUI charges does not automatically result in a conviction; there are numerous defenses that can potentially be used, depending on the specifics of your case:

Challenging the Traffic Stop

One of the most common defenses against DWI charges involves contesting the legality of the initial traffic stop. If the stop was made without probable cause, any evidence gathered during the stop can potentially be suppressed.

Accuracy of Breathalyzer Tests

Breathalyzer devices are not infallible. They must be calibrated correctly and operated properly. Defending against a DWI charge may involve questioning the accuracy of the breathalyzer test used during your arrest.

Field Sobriety Tests

The reliability of field sobriety tests can also be challenged, particularly if there are mitigating factors such as medical conditions that could impair your ability to perform the tests successfully.

Medical and Health Issues

Certain medical conditions can mimic the symptoms of intoxication or affect the results of breathalyzer tests. It is crucial to bring any relevant medical issues to the attention of your attorney, who can use this information in your defense.

Pre-Trial Diversion and Deferred Adjudication

For some first-time offenders, it may be possible to participate in a pre-trial diversion or deferred adjudication program, which can ultimately lead to the dismissal of charges. Our attorneys can evaluate whether you might be eligible for such programs and assist in navigating the application process.

Differences Between DUI and DWI

It’s important to note that in Texas, the terms DUI and DWI cover different scenarios:

• DUI: Typically used to denote cases involving drivers under the age of 21 who have any detectable amount of alcohol in their system.
• DWI: Applies to drivers of any age who are impaired by alcohol or drugs to the extent that their mental or physical faculties are compromised.

Severity of DWI/DUI Offenses

The severity of a DWI/DUI offense can vary significantly based on circumstances such as having a child passenger in the vehicle, which can escalate a DWI to a state jail felony. Conversely, charges like public intoxication might result in lesser penalties but still carry significant consequences.

Why Choose The Law Office of Bryan Fagan?

Our experienced attorneys understand the stakes involved in DWI/DUI cases and are committed to providing a robust defense tailored to the specifics of your case. We utilize all available legal strategies to challenge the charges against you and aim to minimize or avoid the potential penalties.

Call Us Today

If you or a loved one has been charged with a DWI or DUI in Texas, don’t wait to seek legal representation. Contact the Law Office of Bryan Fagan today at 713-564-7029 to schedule your complimentary 30-minute consultation. Our team is ready to provide the aggressive defense you need to protect your rights and secure the best possible outcome in your case.