Enhanced DWI: Factors That Change Severity
In Texas, an enhanced DWI charge takes harsh consequences and makes them harder on you. When charged with a DWI in Texas, you already face the potential of steep fines, community service, increased insurance requirements, and even jail time. When other factors impact your case, the court has the option to increase those penalties quite drastically.
Whenever present, aggravating factors give the court reason to enhance your sentence if they convict you. There are a few common aggravating factors that impact Texas DWI cases, and we’ll cover them here.
If you face DWI charges, you need a Houston DWI lawyer who understands the court systems. As your advocates in and out of court, we work to reduce or dismiss your charges, always fighting for your best interests. Contact us today for a free consultation!
Enhanced DWI: Common Factors That Enhance Charges
Prior DWI Convictions
With a prior DWI conviction on your record, the minimum jail sentence associated with your charge increases. Texas law takes driving while intoxicated (DWI) cases very seriously. The public policy behind this increase assumes that with a prior charge on your record, you didn’t learn from your last conviction.
However, when you have the right Houston DWI lawyer on your side, you have an advocate to keep your charges down from enhanced DWI. When possible, we work to keep prior convictions out of consideration.
Open Container of Alcohol in the Vehicle
If an open container of alcohol was found in the vehicle you were operating while intoxicated, you face a potential mandatory six-day jail sentence. Separate from a DWI, driving with an open container of alcohol is its own crime. Unless you are underage, this typically results in a fine.
Underage Drinking
Per Texas law, there are two types of charges associated with intoxication: driving under the influence (DUI) of drugs and driving while intoxicated (DWI). DWI applies to drivers aged 21 or older who are driving drunk.
DUI charges apply to underage drivers who drive under the influence. This is because an underage driver does not need to be legally intoxicated in order to face charges. Moreover, they may face additional charges pertaining to underage drinking.
Elevated BAC
In Texas, a high BAC can elevate your charge to an aggravated DWI. When your blood alcohol content (BAC) level was .15 or higher, the court might charge you with a Class A Misdemeanor. As your advocate, a Houston DWI lawyer will fight to protect your rights in the courtroom.
Our DWI defense team will analyze every aspect of your case to ensure the arresting officer followed proper procedure. When we find any flaws or discrepancies in the process, we use these to your advantage.
Minor in the Vehicle
When you have a minor under the age of 15 in the vehicle while drunk driving, you face a felony DWI. As you can imagine, the consequences for these aggravated DWI charges are quite dire. When you face a felony DWI, it is essential that you hire an experienced Houston DWI lawyer with a proven track record for success.
Causing Accidents and Injuries
When drunk driving results in an accident that leads to a severe injury, the penalties you potentially face grow much harsher.
Enhanced DWI? Call on the Houston DWI Lawyers at Martinez Law Firm
When it comes to enhanced DWI charges in Texas, the State provides courts with many opportunities to enhance the penalties of your case. Your sentence may hinge on a broad spectrum of circumstances and facts within your case. That’s why it is crucial that you have an experienced Houston DWI lawyer on your side to protect your rights and your future.
Have you been arrested for a DWI in Houston? Our criminal defense attorneys are here to help you. When you schedule a free consultation, we advise you on the best course of action. Our defense team guides you throughout the process so that you fully understand the details of your case.
Schedule your free consultation today to see how Martinez Law Firm can protect you!