Bellaire DWI/DUI

DWI/DUI Defense in Bellaire, Texas

Expert Legal Defense 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 Bellaire, Texas, you need an experienced and aggressive legal team to defend your rights. At The Law Office of Bryan Fagan, PLLC, our skilled attorneys specialize in defending clients against DWI and DUI charges, offering strategic representation to protect your freedom and achieve the best possible outcome.

Understanding DWI and DUI Laws in Texas

In Texas, DWI and DUI offenses carry serious consequences that can impact your driving record, personal freedom, and future opportunities. Our legal team ensures you fully understand your charges and develops a tailored defense strategy to address your specific situation in Bellaire.

Legal Definitions and Penalties for DWI/DUI in Bellaire, Texas

1. Class B Misdemeanor

• Offense: The basic DWI charge involves operating a motor vehicle in a public place while impaired.
• Penalty: Classified as a Class B misdemeanor, with a minimum jail term of 72 hours and fines up to $2,000.

2. Enhanced Penalty for Open Containers

• Offense: If an unsealed alcohol container is found in your vehicle during a DWI stop, the charge remains a Class B misdemeanor, but the minimum jail term increases to six days.

3. Class A Misdemeanor

• Offense: When a driver’s Blood Alcohol Concentration (BAC) is 0.15% or higher, the offense is elevated to a Class A misdemeanor.
• Penalty: This can lead to up to 1 year in jail, fines up to $4,000, and the mandatory installation of an ignition interlock device.

What is the Legal BAC Limit in Texas?

In Texas, a driver is considered legally intoxicated if their BAC is 0.08% or higher. However, law enforcement can still arrest a driver with a lower BAC if they believe the driver’s ability to operate a vehicle safely is impaired. Breathalyzer tests are commonly used to measure BAC, but these results can be challenged if there are procedural errors or device malfunctions.

Effective Defense Strategies Against DWI/DUI Charges in Bellaire

Facing DWI or DUI charges does not mean a conviction is inevitable. Our attorneys employ proven defense strategies, including:

1. Challenging the Legality of the Traffic Stop

• If the traffic stop was conducted without probable cause, we can file a motion to suppress evidence, potentially leading to a dismissal of your case.

2. Disputing Breathalyzer Test Results

• We analyze whether the breathalyzer device was properly calibrated and if the test was administered correctly. Any discrepancies could weaken the prosecution’s case.

3. Questioning Field Sobriety Tests

• Field sobriety tests are not always reliable indicators of intoxication. We evaluate whether medical conditions, fatigue, or environmental factors may have affected your performance.

4. Using Medical Conditions as a Defense

• Certain medical conditions, such as diabetes, acid reflux, or neurological disorders, can mimic signs of intoxication or affect breathalyzer accuracy. We gather and present medical evidence to support your defense.

5. Exploring Pre-Trial Diversion Programs

• For first-time offenders, pre-trial diversion or deferred adjudication programs may be available. Successful completion of these programs can lead to dismissed charges and help you avoid a conviction on your record.

DUI vs. DWI: What’s the Difference in Texas?

DUI (Driving Under the Influence)

• Typically applies to drivers under 21 years old who have any detectable amount of alcohol in their system.

DWI (Driving While Intoxicated)

• Applies to drivers of any age whose mental or physical faculties are impaired due to alcohol, illegal drugs, or prescription medications.

Understanding these differences is critical, as the penalties, defense strategies, and legal processes for DUI and DWI can vary significantly.

Aggravating Factors That Can Increase DWI/DUI Penalties

Certain circumstances can escalate a standard DWI/DUI charge to a more severe offense, including:

• Having a child passenger under 15 years of age in the vehicle (state jail felony).
• Causing an accident that results in injury or death (Intoxication Assault or Intoxication Manslaughter).
• Open container of alcohol in the vehicle, leading to enhanced penalties.
• Prior DWI/DUI convictions, which can increase charges and escalate sentences.

Our attorneys thoroughly evaluate all aspects of your case to mitigate these factors and develop the strongest defense possible.

Why Choose The Law Office of Bryan Fagan, PLLC?

• Proven Experience: In-depth knowledge of Texas DWI/DUI laws and successful courtroom strategies.
• Aggressive Defense: Dedicated to fighting for your rights and minimizing penalties.
• Personalized Attention: Every case is unique, and we offer customized legal solutions.
• Successful Track Record: Consistent positive outcomes in DWI/DUI cases, including dismissals and reduced charges.

Contact Our Bellaire DWI/DUI Attorneys Today

If you are facing DWI or DUI charges in Bellaire, don’t wait to get the legal representation you need. The sooner you consult with our experienced attorneys, the better your chances of building a strong defense and protecting your rights.

📞 Call The Law Office of Bryan Fagan, PLLC at 281-562-7344 or contact us online to schedule your free 30-minute consultation. We are ready to answer your questions, evaluate your case, and fight for the best possible outcome.

Don’t face DWI or DUI charges alone. Trust our experienced legal team to provide the strong defense you deserve.