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DWI/DUI Defense in South Dallas, Texas
Expert Legal Representation 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 South Dallas, Texas, securing a skilled and aggressive legal defense is crucial. At The Law Office of Bryan Fagan, PLLC, our experienced team is dedicated to defending clients facing DWI and DUI charges. We work tirelessly to protect your rights, fight for your future, and develop a defense strategy tailored to your case.
Understanding DWI and DUI Charges in South Dallas, Texas
DWI and DUI offenses in Texas are serious and can have long-lasting consequences, including fines, license suspension, and jail time. Our attorneys are well-versed in Texas DWI and DUI laws and are here to guide you through the complex legal process. We will take the time to understand your case and help you navigate your legal options.
Texas DWI and DUI Legal Definitions and Penalties
Class B Misdemeanor:
A typical DWI charge is considered a Class B misdemeanor in Texas. This charge arises when a driver operates a motor vehicle in a public place while impaired. A conviction can result in a minimum jail sentence of 72 hours, fines, and mandatory alcohol education classes.
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 the minimum jail sentence increases to six days. It is important to understand these penalties when preparing your defense strategy.
Class A Misdemeanor:
If a driver’s Blood Alcohol Concentration (BAC) is 0.15% or higher, the offense is elevated to a Class A misdemeanor, which carries more severe penalties, including higher fines and potentially longer jail time.
What is the Legal BAC Limit in Texas?
In Texas, a BAC of 0.08% or higher is considered legally intoxicated. However, law enforcement can still arrest you for DWI or DUI if they believe that your ability to safely operate a vehicle is impaired, even if your BAC is below 0.08%. Breathalyzer tests are commonly used to measure BAC, but they can be contested in court if they were improperly administered.
Effective Defenses Against DWI/DUI Charges in South Dallas
- Challenging the Legality of the Traffic Stop
If the police did not have reasonable suspicion or probable cause to pull you over, we may be able to challenge the legality of the traffic stop, which could result in the suppression of evidence and dismissal of your case. - Questioning the Accuracy of the Breathalyzer Test
Breathalyzer tests can be unreliable due to issues with calibration or improper administration. We will thoroughly investigate the test results, including the calibration records and training of the officer administering the test. - Disputing the Field Sobriety Tests
Field sobriety tests are subjective and can be affected by factors like fatigue, medical conditions, or environmental factors. We will assess how these factors may have influenced your test results. - Medical Conditions as a Defense
Certain medical conditions, such as acid reflux or diabetes, can produce symptoms that mimic intoxication or interfere with breathalyzer tests. We can consult with medical experts to support your defense and explain any conditions that may have impacted the results. - 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 avoid a conviction and eventually lead to the dismissal of your charges.
DUI vs. DWI in Texas: What’s the Difference?
DUI (Driving Under the Influence):
DUI generally applies to drivers under 21 years of age who have any detectable amount of alcohol in their system, regardless of whether they are impaired.
DWI (Driving While Intoxicated):
DWI applies to drivers of all ages who are impaired due to alcohol, drugs, or prescription medication. A DWI charge carries more serious consequences and higher penalties compared to a DUI charge.
Factors That Can Increase DWI/DUI Penalties in South Dallas
Certain aggravating factors can lead to more severe penalties for DWI or DUI offenses, including:
- Having a child passenger under 15 years of age in the vehicle
- Involvement in an accident that results in injury or death
- Possessing an open container of alcohol in the vehicle
- Prior DWI or DUI convictions
Our attorneys will carefully review the facts of your case and work to mitigate these aggravating factors.
Why Choose The Law Office of Bryan Fagan, PLLC?
- Experience: Our attorneys possess extensive knowledge of Texas DWI and DUI laws, along with proven courtroom strategies to win cases.
- Aggressive Defense: We fight passionately to protect your rights and secure the best possible outcome.
- Personalized Service: Every case is unique, and we tailor our defense strategies to meet your specific needs.
- Proven Results: We have a track record of successful outcomes in DWI and DUI cases throughout Texas.
Contact Us Today for a Free Consultation
If you are facing DWI or DUI charges in South Dallas, Texas, don’t wait to get legal help. The sooner you contact us, the better the chances of building a strong defense.
📞 Contact The Law Office of Bryan Fagan, PLLC at 713-564-7029 for a free 30-minute consultation. Our attorneys are ready to provide the aggressive legal defense you need to protect your rights and future.
Don’t face DWI or DUI charges alone. Trust our experienced legal team to fight for you and give you the best chance for a successful outcome.
