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Aggravated DWI in Texas

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Aggravated DWI in Texas: What to Know

When charged with an aggravated DWI in Texas, people quickly realize how severe the consequences are. Even with a first-offense DWI without additional, aggravating factors, you face serious penalties. 

With aggravated DWI charges, you have much to lose. With an experienced DWI attorney, you have an advocate to help you fight for a better future. Contact our team today to schedule a free consultation with our DWI defense team. 

Until then, read on to learn what an aggravated DWI is as well as how we fight these charges. 

DWI vs Aggravated DWI in Texas

What Is a DWI?

DWI means “driving while intoxicated.” In Texas, state law defines intoxication as the lack of normal use of mental or physical faculties due to the introduction of alcohol into the body. 

Alternatively, it means you have an alcohol concentration of .08 or higher. Here, “alcohol concentration” means the grams of alcohol per one of the following standards: 

  • 210 liters of breath
  • 100 milliliters of blood
  • 67 milliliters of urine

All of this means that, in Texas, someone who has lost the normal use of physical and/or mental faculties or has an alcohol concentration of 0.08 or higher faces potential DWI charges. 

What Is an Aggravated DWI?

An aggravated DWI in Texas means that your case includes special circumstances in addition to the base DWI charges. Oftentimes, there are a few factors that raise the stakes of DWI cases. 

  • Alcohol concentration reaches 0.15% or more. 
  • You have a prior DWI conviction. 
  • There is an open container or child in the vehicle when the officer pulls you over for drunk driving. 
  • You cause an accident while driving drunk, and it results in a serious injury or a wrongful death. 

The Penalties of Aggravated DWI in Texas

In Texas, a first-time DWI is a Class B misdemeanor. When convicted you face jail time up to 180 days as well as fines up to $2000. Additionally, there’s the potential to lose your license through suspension for up to a year. 

However, aggravated DWI cases increase the penalties you face. Yet, the severity of these penalties depends on the factors that elevate your charges. 

  • Alcohol concentration of 0.15% or higher means a Class A misdemeanor. Moreover, this is true of a second DWI conviction. This level of misdemeanor comes with a maximum jail time of 1 year and fines up to $4000. 
  • Two prior DWI convictions equate to a felony charge with even more serious consequences. The intent behind this severity is to punish offenders who did not learn their lesson from prior charges. 
  • When police pull you over and find an open container in the vehicle, it results in 6 days of mandatory jail time. 
  • When there’s a child under the age of 15 in the vehicle, you face felony charges. A conviction here carries the potential of up to 2 years in jail and fines up to $10,000. 
  • In the event you cause a drunk driving accident that leads to a severe injury, you face a third-degree felony charge. This has the potential for up to ten years in prison and fines up to $10,000. 
  • When you kill someone while driving drunk, it’s a second-degree felony. This carries a sentence of up to 20 years in prison as well as up to $10,000 in fines. 

I Was Arrested for a DWI. Does That Make Me Guilty?

It absolutely does not. When an officer brings you in for suspicion of a DWI, it does not mean you are guilty. Often, people face wrongful arrests for DWIs. This is because officers only require probable cause to make the arrest. 

This means that the basis for a DWI arrest is the officer’s opinion. When your case goes to trial, juries require proof beyond a reasonable doubt. With a lawyer on your side, you have a team to build your case. 

At the Martinez Law Firm, we provide a thorough analysis of your case and fight to protect your rights. With experience as a former prosecutor and a thorough understanding of standardized field sobriety tests, we know how to pursue the best possible outcome for your case. 

Can I Save My Driver’s License?

It’s entirely possible! However, it is essential that you act quickly. You only have 15 days from the date of your arrest to request an ALR hearing from the Department of Public Safety. At this Administrative License Revocation hearing, we fight to save your license. 

This tight deadline is why it’s so important to contact an experienced lawyer. We understand the ins and outs of the DWI process. Let us help you keep your life on track. 

Schedule a Free Consultation with a Lawyer

When you face an aggravated DWI in Texas, it’s essential that you understand your situation. This is a serious matter with severe penalties. It is vital for your future that you seek guidance from an experienced DWI defense attorney. 

At the Martinez Law Firm, we help you build a defense for your case. Moreover, we help you understand your options and how to protect your rights. Whether we dismiss your charges or fight to reduce them, we pursue the best possible outcome for your case. 

Schedule a free consultation today to start your fight!