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DWI/DUI Defense in Spring, 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 Spring, Texas, it is vital to have experienced and aggressive legal defense on your side. At The Law Office of Bryan Fagan, PLLC, our team of skilled attorneys specializes in defending clients against DWI and DUI charges. We are dedicated to protecting your rights and helping you navigate the complexities of the legal system, providing tailored defense strategies based on the specific details of your case.
Understanding DWI and DUI Charges in Spring, Texas
DWI and DUI charges are serious offenses in Texas, and a conviction can have long-lasting consequences, including steep fines, license suspension, and even jail time. Texas laws are stringent, making it essential to have a knowledgeable attorney who understands the nuances of DWI and DUI cases. Our experienced legal team is here to help guide you through the process and provide effective defense strategies to secure the best outcome possible.
Texas DWI and DUI Legal Definitions and Penalties
Class B Misdemeanor:
A typical DWI charge in Texas is classified as a Class B misdemeanor. This charge applies when a person is found operating a vehicle while impaired in a public place. A conviction may result in a mandatory 72-hour jail sentence, fines, and completion of alcohol education programs.
Enhanced Penalties for Open Containers:
If an unsealed alcohol container is found in your vehicle during a DWI stop, the charge remains a Class B misdemeanor but carries a minimum six-day jail sentence. This important detail could significantly influence your defense strategy.
Class A Misdemeanor:
If your Blood Alcohol Concentration (BAC) is 0.15% or higher, the offense is elevated to a Class A misdemeanor, which comes with more severe penalties, including higher fines and potential jail time.
What is the Legal BAC Limit in Texas?
In Texas, a BAC of 0.08% or higher is legally considered intoxicated. However, law enforcement officers can arrest you for DWI or DUI even if your BAC is below the legal limit if they believe your ability to drive safely has been impaired. Breathalyzer tests are commonly used to measure BAC, but their results can be contested if the equipment was not properly calibrated or maintained.
Effective Defenses Against DWI/DUI Charges in Spring
- Challenging the Legality of the Traffic Stop
If the police did not have reasonable suspicion or probable cause to pull you over, we can challenge the traffic stop. If the stop was unlawful, it could result in the suppression of evidence and even the dismissal of your case. - Questioning the Accuracy of the Breathalyzer Test
Breathalyzer tests are not always accurate. Errors can occur due to improper calibration, malfunctioning equipment, or failure to follow proper procedures. Our attorneys will investigate the breathalyzer records and scrutinize the conditions surrounding the test to determine if the results are reliable. - Disputing the Field Sobriety Tests
Field sobriety tests are subjective and can be influenced by factors like fatigue, medical conditions, or road conditions. We will evaluate the conditions under which you performed the test to identify potential weaknesses that could benefit your case. - Medical Conditions as a Defense
Certain medical conditions, such as acid reflux, diabetes, or neurological disorders, can cause symptoms that mimic intoxication or interfere with breathalyzer test results. We work with medical professionals to provide evidence of how these conditions may have affected your test results and overall case. - Pre-Trial Diversion Programs
For first-time offenders, alternative sentencing options such as pre-trial diversion or deferred adjudication may be available. These programs can help you avoid a conviction and may lead to the eventual dismissal of your charges.
DUI vs. DWI in Texas: What’s the Difference?
DUI (Driving Under the Influence):
DUI charges are typically issued to drivers under 21 who have any detectable amount of alcohol in their system, regardless of whether they show signs of impairment.
DWI (Driving While Intoxicated):
DWI charges apply to drivers of all ages who are impaired by alcohol, drugs, or prescription medications. DWI offenses carry more severe penalties than DUI offenses, making it crucial to understand the distinction for your defense strategy.
Factors That Can Increase DWI/DUI Penalties in Spring
Certain circumstances can increase the penalties for DWI or DUI offenses in Spring, Texas, including:
- Having a child passenger under 15 years old
- Causing an accident that results in injury or death
- Possessing an open container of alcohol in the vehicle
- Previous DWI or DUI convictions
Our legal team will examine the facts of your case and work to reduce the impact of these aggravating factors in order to minimize the penalties you face.
Why Choose The Law Office of Bryan Fagan, PLLC?
- Experience: Our attorneys have a comprehensive understanding of Texas DWI and DUI laws, and we know the best strategies to achieve favorable results for our clients.
- Aggressive Defense: We are dedicated to protecting your rights and aggressively pursuing the best outcome for your case.
- Personalized Service: Every case is unique, and we take a personalized approach to create a defense strategy tailored to your specific situation.
- Proven Results: With a track record of successful outcomes in DWI and DUI cases across Texas, we are a trusted choice for anyone seeking strong legal representation.
Contact Us Today for a Free Consultation
If you are facing DWI or DUI charges in Spring, Texas, it is important to act quickly. The sooner you contact us, the sooner we can begin preparing a solid defense strategy to protect your future.
📞 Contact The Law Office of Bryan Fagan, PLLC at 713-564-7029 for a free 30-minute consultation. Our attorneys are ready to provide you with the aggressive defense you need to safeguard your rights and secure a positive outcome.
Don’t face DWI or DUI charges alone. Let our experienced legal team fight for your rights and help you navigate the legal system for the best possible result.
