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DWI/DUI Defense in St. Mary’s Strip, 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 St. Mary’s Strip, Texas, it is crucial to have an experienced and aggressive legal team by your side. At The Law Office of Bryan Fagan, PLLC, we specialize in DWI and DUI defense cases. Our skilled attorneys are dedicated to defending your rights and helping you navigate the complexities of the legal system. We tailor our defense strategies to suit the specifics of your case, striving to achieve the best possible outcome.
Understanding DWI and DUI Charges in St. Mary’s Strip, Texas
DWI and DUI charges are serious offenses in Texas and can result in significant consequences, including hefty fines, driver’s license suspension, and jail time. Given Texas’ stringent impaired driving laws, it’s essential to fully understand the charges against you. Our experienced attorneys are here to provide sound legal advice, guide you through the legal process, and build a defense strategy that minimizes the penalties you face.
Texas DWI and DUI Legal Definitions and Penalties
Class B Misdemeanor:
A DWI charge in Texas is generally considered a Class B misdemeanor. This charge applies when a person is found operating a vehicle while impaired in a public place. A conviction can result in a mandatory jail sentence of at least 72 hours, fines, and the completion of alcohol education programs.
Enhanced Penalties for Open Containers:
If an open alcohol container is found in your vehicle during a DWI stop, the charge remains a Class B misdemeanor, but the penalties are enhanced. This includes a mandatory six-day jail sentence. This factor is essential when building your defense.
Class A Misdemeanor:
If your Blood Alcohol Concentration (BAC) is 0.15% or higher, the offense is upgraded to a Class A misdemeanor. This more severe charge results in higher fines, longer jail sentences, and more significant consequences.
What is the Legal BAC Limit in Texas?
In Texas, the legal limit for BAC is 0.08%. However, even if your BAC is below this limit, you can still be charged with DWI or DUI if law enforcement believes your ability to drive safely is impaired. Breathalyzer tests are typically used to determine BAC, but they can be challenged if the device was not properly calibrated or maintained.
Effective Defenses Against DWI/DUI Charges in St. Mary’s Strip
- Challenging the Legality of the Traffic Stop
If the police did not have reasonable suspicion or probable cause to stop your vehicle, we can challenge the legality of the stop. A successful challenge could lead to the suppression of evidence, and in some cases, result in the dismissal of your case. - Questioning the Accuracy of the Breathalyzer Test
Breathalyzer tests are not always accurate. Malfunctions, improper calibration, or failure to follow proper procedures can lead to faulty readings. Our attorneys will thoroughly investigate the circumstances surrounding the breathalyzer test to ensure the results are valid. - Disputing the Field Sobriety Tests
Field sobriety tests are subjective and can be influenced by factors like fatigue, medical conditions, or environmental factors such as poor weather or road conditions. Our team will review the conditions under which you were asked to perform the tests and challenge their validity when appropriate. - Medical Conditions as a Defense
Certain medical conditions, such as acid reflux, diabetes, or neurological disorders, can produce symptoms that resemble intoxication or interfere with breathalyzer test results. We will work with medical experts to explain how these conditions may have affected your case. - Pre-Trial Diversion Programs
For first-time offenders, alternative sentencing options like pre-trial diversion or deferred adjudication may be available. These programs allow you to avoid a conviction and can 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 alcohol in their system, even if they are not showing signs of impairment.
DWI (Driving While Intoxicated):
DWI charges apply to drivers of any age who are impaired by alcohol, drugs, or prescription medications. DWI charges are more serious than DUI charges and carry more severe penalties. Understanding the difference between the two is essential for creating an effective defense strategy.
Factors That Can Increase DWI/DUI Penalties in St. Mary’s Strip
Certain factors can result in harsher penalties for DWI or DUI offenses in St. Mary’s Strip, Texas, including:
- Having a child passenger under 15 years old
- Causing an accident that leads to injury or death
- Possessing an open container of alcohol in the vehicle
- Previous DWI or DUI convictions
Our attorneys will carefully review the facts of your case and take steps to minimize the impact of these aggravating factors, working to reduce the severity of the penalties you face.
Why Choose The Law Office of Bryan Fagan, PLLC?
- Experience: Our legal team has extensive experience and in-depth knowledge of Texas DWI and DUI laws. We understand the nuances of these cases and know how to navigate the legal system effectively.
- Aggressive Defense: We are committed to protecting your rights and fighting for the best possible outcome in your case. We take a strong, aggressive approach to each case we handle.
- Personalized Service: Every DWI and DUI case is different. We customize our defense strategies to fit your specific circumstances and goals, ensuring the best defense for you.
- Proven Results: Our firm has a history of successful results in DWI and DUI cases across Texas. We are a trusted choice for those seeking aggressive, knowledgeable legal representation.
Contact Us Today for a Free Consultation
If you are facing DWI or DUI charges in St. Mary’s Strip, Texas, time is of the essence. The sooner you contact us, the sooner we can begin building a strong defense on your behalf.
📞 Contact The Law Office of Bryan Fagan, PLLC at 430-202-6461 or contact us online for a free 30-minute consultation. Our attorneys are ready to provide you with the experienced legal defense you need to protect your rights and secure a favorable outcome.
Don’t face DWI or DUI charges alone. Let our skilled legal team fight for your rights and help you navigate the legal process for the best possible result.
