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At the Law Office of Bryan Fagan, our team of licensed attorneys collectively boasts an impressive 100+ years of combined experience in Family Law, Criminal Law, and Estate Planning. This extensive expertise has been cultivated over decades of dedicated legal practice, allowing us to offer our clients a deep well of knowledge and a nuanced understanding of the intricacies within these domains.
In Texas, Driving While Intoxicated (DWI) is a serious offense that can lead to severe legal consequences. A DWI charge is typically based on the driver's blood alcohol concentration (BAC) being 0.08% or higher, or if they are impaired due to alcohol or drugs. Understanding the nuances of these charges is crucial for anyone facing a DWI accusation.
Texas law categorizes DWI offenses into different classes based on factors such as prior convictions, the presence of minors in the vehicle, and whether an accident occurred. For example, a first-time DWI offense is generally treated as a Class B misdemeanor, while subsequent offenses can escalate to felonies, leading to harsher penalties, including jail time and hefty fines.
When contesting a DWI charge, several defenses may be applicable depending on the specifics of the case. Common defenses include challenging the legality of the traffic stop, questioning the accuracy of the breathalyzer or blood tests, and demonstrating that the driver was not impaired at the time of arrest.
For instance, if law enforcement did not have probable cause to initiate the traffic stop, the evidence gathered during the stop may be deemed inadmissible in court. Additionally, if a breathalyzer device was not properly maintained or calibrated, the results could be contested, potentially leading to a dismissal of charges.
Immediately following a DWI arrest, it is crucial to take specific steps to protect your rights and build a robust defense. First, remain calm and comply with law enforcement instructions to avoid escalation. Afterward, it is advisable to contact a qualified DWI attorney who can guide you through the legal process and help formulate a defense strategy.
Additionally, you should be aware of the timeline for requesting an administrative hearing regarding your driver's license suspension. In Texas, you typically have 15 days from the date of your arrest to request this hearing, which can significantly impact your ability to drive legally while your case is pending.
Having experienced legal representation is vital when facing DWI charges in Texas. A knowledgeable attorney can provide insights into the complexities of DWI laws, ensuring that your rights are protected throughout the legal process. They can also negotiate with prosecutors for reduced charges or alternative sentencing options.
Moreover, an attorney can help you prepare for court appearances, gather evidence, and build a compelling case that highlights any weaknesses in the prosecution's arguments. With the stakes being so high, investing in skilled legal counsel can make a significant difference in the outcome of your case.
