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DWI/DUI Defense in Travis County, Texas
Expert Legal Representation at The Law Office of Bryan Fagan, PLLC
If you have been charged with Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) in Travis County, Texas, having an experienced and aggressive legal team on your side is essential. At The Law Office of Bryan Fagan, PLLC, we specialize in DWI and DUI defense, offering tailored legal counsel that aligns with Texas law. Our attorneys will work closely with you to build a strategic defense plan that maximizes the chances of a positive outcome, protecting your rights and future.
Understanding DWI and DUI Charges in Travis County, Texas
DWI and DUI charges in Travis County can have severe consequences, ranging from heavy fines and driver’s license suspension to possible jail time. Texas enforces some of the strictest impaired driving laws in the nation, and a conviction for DWI or DUI can result in life-altering consequences. At The Law Office of Bryan Fagan, PLLC, our legal team is committed to providing aggressive defense strategies to minimize penalties and protect your future.
Texas DWI and DUI Legal Definitions and Penalties
Class B Misdemeanor:
In Texas, a standard DWI charge is classified as a Class B misdemeanor. This occurs when a driver is operating a vehicle under the influence in a public place. A conviction could result in mandatory jail time (at least 72 hours), fines, and mandatory alcohol education programs.
Enhanced Penalties for Open Containers:
If an open alcohol container is found during a DWI stop, the charge remains a Class B misdemeanor but carries enhanced penalties, including a mandatory six-day jail sentence. This is an important aspect when preparing your defense strategy.
Class A Misdemeanor:
When a driver’s Blood Alcohol Concentration (BAC) exceeds 0.15%, the charge is upgraded to a Class A misdemeanor. This more serious charge comes with harsher penalties, such as larger fines, longer jail sentences, and other legal consequences.
What is the Legal BAC Limit in Texas?
In Texas, the legal BAC limit for drivers is 0.08%. However, even if your BAC is below this threshold, you can still be charged with DWI or DUI if law enforcement believes your ability to drive safely is impaired. Breathalyzer tests are commonly used to measure BAC, but these results may be contested in court if there are concerns about equipment calibration, malfunctioning, or errors in the testing process.
Effective Defenses Against DWI/DUI Charges in Travis County
- Challenging the Legality of the Traffic Stop
If law enforcement officers did not have reasonable suspicion or probable cause to pull you over, we can challenge the stop’s legality. If the stop is found to be unlawful, any evidence gathered during the stop could be suppressed, and the charges may be dismissed. - Questioning the Accuracy of the Breathalyzer Test
Breathalyzer tests are not foolproof and can yield inaccurate results due to faulty equipment, improper calibration, or procedural errors during testing. Our attorneys thoroughly investigate the breathalyzer process and challenge any discrepancies in test results. - Disputing the Field Sobriety Tests
Field sobriety tests are highly subjective and can be influenced by various external factors, including fatigue, weather, or medical conditions. We analyze how these tests were administered and challenge their reliability if there were any issues during testing. - Medical Conditions as a Defense
Certain medical conditions, such as acid reflux, diabetes, or neurological disorders, can produce symptoms that mimic intoxication or interfere with breathalyzer results. We collaborate with medical professionals to demonstrate how your condition may have impacted your case. - Pre-Trial Diversion Programs
First-time offenders may be eligible for pre-trial diversion programs or deferred adjudication. These programs can provide the opportunity to avoid a conviction, and in some cases, charges may be dismissed if all conditions are met.
DUI vs. DWI in Texas: What’s the Difference?
DUI (Driving Under the Influence):
DUI charges typically apply to drivers under 21 who have any detectable amount of alcohol in their system, even if they don’t exhibit signs of impairment.
DWI (Driving While Intoxicated):
DWI charges are issued to drivers of all ages who are impaired by alcohol, drugs, or prescription medications. DWI charges generally carry heavier penalties than DUI charges, making it essential to understand the differences when formulating your defense strategy.
Factors That Can Increase DWI/DUI Penalties in Travis County
Certain circumstances can result in more severe penalties for DWI or DUI offenses in Travis County, such as:
- Having a child passenger under the age of 15
- Causing an accident resulting in injury or death
- Possessing an open container of alcohol in the vehicle
- Having prior DWI or DUI convictions
At The Law Office of Bryan Fagan, PLLC, we carefully analyze the facts of your case to minimize the impact of aggravating factors and work diligently to reduce the severity of penalties you may face.
Why Choose The Law Office of Bryan Fagan, PLLC?
- Experience: With years of experience defending DWI and DUI cases throughout Travis County and Texas, our attorneys have an in-depth understanding of Texas law and a proven record of achieving favorable outcomes for clients.
- Aggressive Defense: Our legal team is committed to providing an aggressive defense to protect your rights. We approach every case proactively and explore every possible avenue to achieve the best result for you.
- Personalized Service: We understand that every case is unique. Our attorneys develop defense strategies tailored specifically to your situation, ensuring that you receive the most effective legal representation possible.
- Proven Results: The Law Office of Bryan Fagan is well-known for achieving positive results in DWI and DUI cases. Clients across Travis County trust us to provide expert legal counsel and deliver successful outcomes.
Contact Us Today for a Free Consultation
If you are facing DWI or DUI charges in Travis County, Texas, acting quickly is essential. The sooner you contact us, the sooner we can start building a solid defense on your behalf.
📞 Contact The Law Office of Bryan Fagan, PLLC at 713-564-7029 for a free 30-minute consultation. Our experienced attorneys are ready to provide the aggressive legal defense you need to protect your rights and work toward the best possible result for your case.
Don’t face DWI or DUI charges alone. Let our legal team fight for your rights and guide you through the legal process to ensure the best possible outcome.
