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The Law Office of Bryan Fagan strives to provide professional, high-quality, and responsive legal services from start to finish. We Believe our success is based on our commitment to our clients.
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
Many DUI/DWI cases hinge on the legality of the initial traffic stop. Law enforcement must have reasonable suspicion of a traffic violation or criminal activity to initiate a stop. If that suspicion didn’t exist—or if your rights were violated during the stop—you may be able to challenge the entire case. At the Law Office of Bryan Fagan, our defense team will scrutinize dashcam footage, police reports, and officer conduct to determine if the stop was lawful. An unlawful stop could mean that key evidence is suppressed, giving you a stronger chance of a favorable outcome.
ACCURACY OF BREATHALYZER TESTS
Can breathalyzer results be wrong?
Absolutely. While breathalyzers are commonly used in DWI arrests, their results are not infallible. These devices must be properly calibrated and maintained, and the test must be administered by a trained officer following strict protocols. Factors like certain medical conditions, recent use of mouthwash, or even diet can skew the results. At the Law Office of Bryan Fagan, we know how to challenge questionable breathalyzer readings and expose flaws that may undermine the prosecution’s case. Don’t assume the machine got it right—let us investigate.
FIELD SOBRIETY TESTS
Are field sobriety tests reliable?
Field sobriety tests are subjective and often unreliable indicators of intoxication. Factors like uneven pavement, poor lighting, medical conditions, nervousness, or even fatigue can affect your performance—regardless of whether you’ve been drinking. These tests rely heavily on an officer’s judgment, which can be flawed or biased. At the Law Office of Bryan Fagan, we understand how to question the administration and interpretation of these tests, and we work to ensure that unscientific or unfair evidence doesn’t decide your case.
MEDICAL AND HEALTH ISSUES
Can medical conditions affect DUI test results?
Yes—certain medical issues can significantly impact DUI testing outcomes. Conditions like acid reflux, diabetes, neurological disorders, or even anxiety can interfere with breathalyzer accuracy or your ability to perform field sobriety tests. Medications can also mimic signs of intoxication or trigger false positives. At the Law Office of Bryan Fagan, we carefully review your medical history and consult with experts when needed to challenge flawed assumptions and ensure your health isn’t misinterpreted as impairment.
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.
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.
DUI
Typically used to denote cases involving drivers under the age of 21 who have any detachable amount of alcohol in their system.
DWI
Applies to drivers of any age who are imparied by alcohol or drugs to the extent that their mental or physical faculties are compromised.
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 challenges 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 to schedule your complimentary 30-minutes 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.
713-564-7029
8AM - 6 PM
Houston Office
281-810-9760
3707 Cypress Creek Parkway,
Suite 400
Houston, TX 77068
Humble Office
281-868-6355
7702 FM 1960 Rd E,
Suite 212
Humble, TX 77346
Kingwood Office
281-310-5454
900 Rockmead Dr #225,
Kingwood,
TX 77339
Woodlands Office
281-819-1726
25211 Grogans Mills Rd,
Suite 275
The Woodlands, TX 77380
River Oaks
(281) 324-8244
3100 Richmond Avenue,
Suite 100,
Houston TX 77098
Dallas Office
469-484-7439
12700 Hillcrest Rd.
Suite 201
Dallas, TX 75230
Austin Office
512-882-3303
11645 Angus Rd.,
Suite A3
Austin, TX 78759
San Antonio Office
830-216-6625
45 NE Interstate 410 Loop,
Suite 100, San Antonio,
TX 78216
San Antonio Office II
Virtual Office
210-404-4911
1002 N. Flores
St.San Antonio, TX 78212
Southwest Office
Virtual Office
281-886-8109
7324 Southwest Fwy,
Suite 300 Houston, TX 77074
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Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.