Skip to content 
DWI/DUI Defense in Kendall County, Texas
Expert Legal Representation from The Law Office of Bryan Fagan, PLLC
If you’ve been arrested for a DWI (Driving While Intoxicated) or DUI (Driving Under the Influence) charge in Kendall County, Texas, it’s crucial to take immediate action. These charges carry significant consequences, including potential fines, jail time, and the suspension of your driver’s license. At The Law Office of Bryan Fagan, PLLC, we specialize in defending clients against DWI and DUI charges. With extensive experience in Kendall County, we are here to fight for your rights and minimize the penalties you may face.
Understanding DWI/DUI Laws in Kendall County, Texas
In Kendall County, as in the rest of Texas, DWI and DUI charges are treated very seriously. Whether this is your first offense or you have previous convictions, having a knowledgeable lawyer on your side is essential. At The Law Office of Bryan Fagan, PLLC, our team is well-versed in Texas DWI and DUI laws and the local court system. We will help you understand the charges you’re facing, explore your legal options, and craft a defense strategy that aims to achieve the best possible outcome.
Categories of DWI/DUI Charges and Their Consequences
First-Time DWI – Class B Misdemeanor
If you are charged with a first-time DWI offense in Kendall County, Texas, the offense is typically classified as a Class B misdemeanor. This charge carries potential penalties such as at least 72 hours in jail, fines, probation, and the suspension of your driver’s license. Our legal team is experienced in challenging the evidence against you and working to reduce or dismiss these charges.
DWI with Open Alcohol Container – Enhanced Class B Misdemeanor
If an open container of alcohol is found in your vehicle during a DWI stop, your charge may be elevated to an aggravated Class B misdemeanor. This offense carries a mandatory minimum sentence of six days in jail. We will carefully review all aspects of your case to identify any possible defenses and challenge the evidence that could lead to harsher penalties.
High BAC (0.15% or Greater) – Class A Misdemeanor
A BAC of 0.15% or higher can result in a Class A misdemeanor charge, which brings more severe penalties, including longer jail sentences, higher fines, and extended driver’s license suspensions. We will scrutinize the accuracy of BAC tests and the circumstances surrounding your arrest to reduce the impact of these enhanced penalties.
Texas BAC Standards and Testing Procedures
In Texas, the legal limit for blood alcohol concentration (BAC) is 0.08%. However, even if your BAC is lower, you may still face arrest if an officer believes you are impaired. Our legal team will carefully examine the testing procedures used to assess your BAC, including breathalyzer calibration, test administration, and other related factors. Ensuring the accuracy of the evidence is critical in defending your case.
Key Defense Strategies We May Use
Challenging the Stop
One of the first areas of focus is whether the officer had probable cause to stop your vehicle. If the stop was unlawful, any evidence obtained afterward could be considered inadmissible, which may lead to the dismissal of your case.
Reviewing Test Procedures
We will examine how sobriety tests, breathalyzer tests, and blood tests were performed. If there were errors or irregularities in how the tests were conducted, we may be able to challenge their validity and weaken the prosecution’s case.
Assessing Field Sobriety Test Conditions
Field sobriety tests are highly subjective and can be influenced by factors like weather, medical conditions, or even anxiety. We will investigate whether these conditions may have affected your performance on the tests, leading to an inaccurate result.
Medical Conditions That Mimic Intoxication
Certain medical conditions, including diabetes or acid reflux, can produce symptoms similar to those of intoxication. We will review your medical history and consult with medical experts to determine if a medical condition could explain the symptoms observed during your arrest.
Exploring Alternative Legal Solutions
For first-time offenders, Texas offers programs such as deferred adjudication and pre-trial diversion. These programs allow individuals to avoid a criminal conviction by meeting specific requirements. Our attorneys will explore these alternatives and help you avoid the long-term consequences of a conviction.
Distinction Between DUI and DWI in Kendall County, Texas
It is crucial to understand the difference between DUI and DWI charges in Kendall County:
- DUI (Driving Under the Influence): Typically applies to individuals under 21 who have any detectable amount of alcohol in their system, even if they are not visibly impaired.
- DWI (Driving While Intoxicated): Applies to individuals of all ages who are impaired by alcohol, drugs, or a combination of substances, including prescription medications and illegal drugs.
Understanding the distinction is essential for developing an effective defense strategy tailored to the specifics of your case.
Factors That Can Increase Penalties and Charges
Several factors can elevate the severity of your DWI or DUI charges in Kendall County:
- Prior Convictions
Repeat offenders face harsher penalties, including longer jail sentences, higher fines, and extended driver’s license suspensions. - Accidents Involving Injury or Death
If your DWI or DUI leads to an accident causing injury or death, you may face felony charges, which carry significant penalties, including long prison sentences. - Open Alcohol Containers in the Vehicle
If law enforcement finds an open alcohol container in your vehicle during a stop, it could lead to increased fines, longer license suspensions, and additional jail time. - Child Passengers Under 15 Years Old
If you are arrested for a DWI and have a child passenger under the age of 15, mandatory jail time and heightened penalties apply.
Our team is dedicated to minimizing the impact of these aggravating factors and fighting for a fair outcome in your case.
Why Kendall County Residents Choose The Law Office of Bryan Fagan, PLLC
In-Depth Knowledge of Texas DWI/DUI Laws
We have extensive experience defending clients in DWI and DUI cases throughout Texas, including in Kendall County. Our attorneys are highly knowledgeable in local and state laws, providing you with the expertise necessary for an effective defense.
Aggressive Legal Representation
We provide aggressive representation to protect your rights and ensure that you are treated fairly during the legal process.
Personalized Defense Strategies
Each case is unique, and we take the time to craft defense strategies tailored specifically to your circumstances and goals. Our attorneys work closely with you every step of the way to ensure your needs are met.
Proven Track Record of Success
With a history of successful outcomes in DWI and DUI cases in Kendall County and surrounding areas, our firm is committed to achieving favorable results for our clients.
Take Action – Schedule Your Free Consultation
If you’ve been charged with a DWI or DUI in Kendall County, Texas, don’t wait to seek legal help. Early intervention can significantly improve the outcome of your case.
📞 Call The Law Office of Bryan Fagan, PLLC at 430-202-6461 or contact us online to schedule your free, no-obligation consultation.
Our experienced attorneys are here to help you navigate the complexities of DWI and DUI charges in Kendall County, Texas, and will fight to secure the best possible outcome for your case.
