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DWI/DUI Defense in Swiss Avenue, 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 Swiss Avenue, Texas, you need an experienced legal team that will protect your rights and fight for your future. At The Law Office of Bryan Fagan, PLLC, we specialize in DWI and DUI defense, providing aggressive and strategic legal representation. Our attorneys are committed to achieving the best possible result for your case, working tirelessly to navigate the complexities of Texas’ DWI laws with personalized defense strategies.
Understanding DWI and DUI Charges in Swiss Avenue, Texas
DWI and DUI charges in Texas are serious and can lead to significant consequences such as fines, license suspension, and even jail time. Texas enforces strict impaired driving laws, making it crucial to understand the charges against you. Our team is dedicated to providing expert legal guidance and ensuring that you are fully informed about the legal process. We work diligently to create a defense strategy that minimizes penalties and protects your future.
Texas DWI and DUI Legal Definitions and Penalties
Class B Misdemeanor:
A typical DWI charge in Texas is a Class B misdemeanor, which occurs when a person is found operating a vehicle while impaired in a public place. A conviction can result in a mandatory jail sentence (at least 72 hours), fines, and mandatory 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 carries enhanced penalties, such as a mandatory six-day jail sentence. This element is crucial to consider when building your defense strategy.
Class A Misdemeanor:
If your Blood Alcohol Concentration (BAC) exceeds 0.15%, the offense is upgraded to a Class A misdemeanor. This more serious charge brings higher fines, longer jail sentences, and more severe 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, law enforcement may still charge you with DWI or DUI if they believe your ability to drive safely is impaired. Breathalyzer tests are commonly used to measure BAC, but these tests can be challenged in court if there are issues with calibration, equipment malfunction, or incorrect testing procedures.
Effective Defenses Against DWI/DUI Charges in Swiss Avenue
- Challenging the Legality of the Traffic Stop
If law enforcement did not have reasonable suspicion or probable cause to stop your vehicle, we can challenge the legality of the stop. A successful challenge may lead to the suppression of evidence or even the dismissal of your charges. - Questioning the Accuracy of the Breathalyzer Test
Breathalyzer tests are not always reliable. Malfunctions, incorrect calibration, or failure to follow proper procedures can result in inaccurate readings. Our attorneys will investigate the circumstances of the test to ensure that 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 even weather conditions. We will carefully review how these tests were conducted and challenge their accuracy when necessary. - Medical Conditions as a Defense
Conditions like acid reflux, diabetes, or neurological disorders can lead to symptoms that resemble intoxication or interfere with breathalyzer results. Our team will work with medical experts to show how these conditions may have impacted your case. - Pre-Trial Diversion Programs
If you are a first-time offender, pre-trial diversion programs or deferred adjudication may be available. These programs can help you avoid a conviction, and in some cases, lead to the dismissal of charges.
DUI vs. DWI in Texas: What’s the Difference?
DUI (Driving Under the Influence):
DUI charges are typically given to drivers under the age of 21 who have any detectable amount of alcohol in their system, even if they are not showing signs of impairment.
DWI (Driving While Intoxicated):
DWI charges apply to drivers of all ages who are impaired by alcohol, drugs, or prescription medication. DWI charges generally carry more serious penalties than DUI charges. Understanding the difference is vital when preparing your defense.
Factors That Can Increase DWI/DUI Penalties in Swiss Avenue
Certain factors can lead to increased penalties for DWI or DUI offenses in Swiss Avenue, Texas, such as:
- Having a child passenger under 15 years old
- Causing an accident resulting in injury or death
- Having an open container of alcohol in the vehicle
- Previous DWI or DUI convictions
Our legal team will carefully review the facts of your case to mitigate the impact of these aggravating factors, working to reduce the severity of any penalties you face.
Why Choose The Law Office of Bryan Fagan, PLLC?
- Experience: Our team has extensive experience handling DWI and DUI cases throughout Texas, with a deep understanding of Texas law. We have a proven track record of achieving favorable outcomes for clients in Swiss Avenue.
- Aggressive Defense: We are committed to vigorously defending your rights. Our attorneys take a proactive approach to every case, ensuring we explore all legal avenues to achieve the best possible result.
- Personalized Service: Each case is unique. Our defense strategies are tailored to meet the specific needs of your case, ensuring that you receive the most effective representation possible.
- Proven Results: The Law Office of Bryan Fagan has built a reputation for success in DWI and DUI cases. Our clients trust us to provide expert legal counsel that delivers results.
Contact Us Today for a Free Consultation
If you are facing DWI or DUI charges in Swiss Avenue, Texas, it’s critical to act quickly. 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 469-772-5806 or contact us online for a free 30-minute consultation. Our experienced attorneys are ready to offer the aggressive legal defense you need to protect your rights and secure the best possible outcome for your case.
Don’t face DWI or DUI charges alone. Let our skilled legal team fight for your rights and guide you through the legal process for the best possible result.
