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DWI/DUI Defense in Spring Branch, 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 Spring Branch, Texas, having an experienced and aggressive legal team by your side is essential. At The Law Office of Bryan Fagan, PLLC, we specialize in defending clients against DWI and DUI charges. Our attorneys are committed to protecting your rights and helping you navigate the complex legal landscape with personalized defense strategies tailored to your specific case.
Understanding DWI and DUI Charges in Spring Branch, Texas
DWI and DUI charges in Texas are serious, and a conviction can result in severe consequences, including hefty fines, loss of your driver’s license, and even jail time. Texas enforces strict laws against impaired driving, making it critical to understand the charges you are facing. Our experienced legal team is here to guide you every step of the way, providing sound legal advice and strategies to achieve the best possible outcome.
Texas DWI and DUI Legal Definitions and Penalties
Class B Misdemeanor:
A standard DWI charge in Texas is classified as a Class B misdemeanor. This charge applies when a driver operates a vehicle while impaired in a public place. Convictions can result in mandatory jail time (at least 72 hours), fines, and mandatory alcohol education programs.
Enhanced Penalties for Open Containers:
If law enforcement finds an open alcohol container in your vehicle during a DWI stop, the charge remains a Class B misdemeanor, but it carries enhanced penalties, including a minimum six-day jail sentence. This detail is important when formulating your defense.
Class A Misdemeanor:
If your Blood Alcohol Concentration (BAC) is 0.15% or higher, the offense becomes a Class A misdemeanor. A conviction could result in more severe consequences, such as higher fines and longer jail sentences.
What is the Legal BAC Limit in Texas?
In Texas, a BAC of 0.08% or higher is considered intoxicated. However, even if your BAC is below 0.08%, you can still be charged with DWI or DUI if law enforcement believes that your ability to drive safely is impaired. Breathalyzer tests are commonly used to determine BAC levels, but they can be challenged if the testing procedure or equipment was improperly handled.
Effective Defenses Against DWI/DUI Charges in Spring Branch
- 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 may result in the suppression of evidence, potentially leading to the dismissal of your case. - Questioning the Accuracy of the Breathalyzer Test
Breathalyzer tests are not always accurate. Calibration issues, equipment malfunctions, or improper administration can lead to false readings. Our attorneys will investigate the circumstances of the test to ensure the results are reliable. - Disputing the Field Sobriety Tests
Field sobriety tests are subjective and can be influenced by a variety of factors, such as fatigue, medical conditions, or poor weather conditions. We will analyze the conditions under which you were asked to perform these tests and challenge their validity if necessary. - Medical Conditions as a Defense
Certain medical conditions, like acid reflux, diabetes, or neurological disorders, can produce symptoms that resemble intoxication or interfere with the accuracy of a breathalyzer test. Our legal team will work with medical experts to help establish how these conditions may have affected the test results and your case. - Pre-Trial Diversion Programs
For first-time offenders, there may be alternative sentencing options like pre-trial diversion or deferred adjudication. These programs can help you avoid a conviction and may lead to the eventual dismissal of the charges against you.
DUI vs. DWI in Texas: What’s the Difference?
DUI (Driving Under the Influence):
DUI charges are typically issued to individuals under 21 who have any detectable alcohol in their system, regardless of whether they show signs of impairment.
DWI (Driving While Intoxicated):
DWI charges are applied 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, which is a crucial distinction to keep in mind when building your defense.
Factors That Can Increase DWI/DUI Penalties in Spring Branch
Certain circumstances can increase the severity of penalties for DWI or DUI offenses in Spring Branch, Texas. These include:
- Having a child passenger under the age of 15
- Causing an accident that results in injury or death
- Possessing an open container of alcohol in the vehicle
- Previous DWI or DUI convictions
Our attorneys will carefully assess these factors and work to minimize their impact on your case, aiming to reduce the penalties you face.
Why Choose The Law Office of Bryan Fagan, PLLC?
- Experience: Our team has in-depth knowledge of Texas DWI and DUI laws. We know how to use that knowledge to achieve favorable outcomes for our clients.
- Aggressive Defense: We are committed to protecting your rights and fighting for the best possible result in your case. We take an aggressive approach to every case we handle.
- Personalized Service: Every DWI and DUI case is unique, and we customize our defense strategies to meet your specific needs and circumstances.
- Proven Results: Our history of successful outcomes in DWI and DUI cases throughout Texas makes us a trusted choice for those facing these charges.
Contact Us Today for a Free Consultation
If you are facing DWI or DUI charges in Spring Branch, Texas, it’s important to act quickly. The sooner you reach out, the sooner we can begin building a strong defense for your case.
📞 Contact The Law Office of Bryan Fagan, PLLC at 281-562-7344 or online for a free 30-minute consultation. Our attorneys are here to provide you with the experienced, aggressive defense you need to protect your rights and your future.
Don’t face DWI or DUI charges alone. Let our team fight for you and help you achieve the best possible result in your case.
