Welcome to the Law Office of Bryan Fagan, where we specialize in defending clients against charges of Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) in Texas. Understanding the complexities of Texas DUI and DWI laws is crucial for anyone facing such charges. Our expert legal team is here to guide you through every step of the legal process, ensuring the best possible defense.
According to the Texas Penal Code, Title 10 Chapter 49 Sec. 49.04:
In Texas, a motorist is legally considered intoxicated if their Blood Alcohol Concentration (BAC) is 0.08% or higher. Law enforcement uses breathalyzer tests to measure a driver’s BAC from a breath sample. However, a police officer can arrest a driver for DWI even if their BAC is below the legal limit if they believe the driver’s ability to operate the vehicle safely is compromised.
Facing DWI or DUI charges does not automatically result in a conviction; there are numerous defenses that can potentially be used, depending on the specifics of your case:
One of the most common defenses against DWI charges involves contesting the legality of the initial traffic stop. If the stop was made without probable cause, any evidence gathered during the stop can potentially be suppressed.
Breathalyzer devices are not infallible. They must be calibrated correctly and operated properly. Defending against a DWI charge may involve questioning the accuracy of the breathalyzer test used during your arrest.
The reliability of field sobriety tests can also be challenged, particularly if there are mitigating factors such as medical conditions that could impair your ability to perform the tests successfully.
Certain medical conditions can mimic the symptoms of intoxication or affect the results of breathalyzer tests. It is crucial to bring any relevant medical issues to the attention of your attorney, who can use this information in your defense.
For some first-time offenders, it may be possible to participate in a pre-trial diversion or deferred adjudication program, which can ultimately lead to the dismissal of charges. Our attorneys can evaluate whether you might be eligible for such programs and assist in navigating the application process.
It’s important to note that in Texas, the terms DUI and DWI cover different scenarios:
The severity of a DWI/DUI offense can vary significantly based on circumstances such as having a child passenger in the vehicle, which can escalate a DWI to a state jail felony. Conversely, charges like public intoxication might result in lesser penalties but still carry significant consequences.
Our experienced attorneys understand the stakes involved in DWI/DUI cases and are committed to providing a robust defense tailored to the specifics of your case. We utilize all available legal strategies to challenge the charges against you and aim to minimize or avoid the potential penalties.
If you or a loved one has been charged with a DWI or DUI in Texas, don’t wait to seek legal representation. Contact the Law Office of Bryan Fagan today at 713-564-7029 to schedule your complimentary 30-minute consultation. Our team is ready to provide the aggressive defense you need to protect your rights and secure the best possible outcome in your case.
