Texas Aggravated DWI Lawyer

Facing an Aggravated DWI charge in Texas can leave you feeling overwhelmed and unsure about your future. At The Greening Law Group, we understand the impact an arrest like this can have on your life. That’s why we’re here to offer support with empathy and experience. We offer legal consultations, giving you the opportunity to start exploring your legal options without financial pressure. With us by your side, we’ll fight for the best possible outcome for your case.

What is an Aggravated DWI in Texas?

In Texas, a regular DWI charge occurs when you operate a vehicle while under the influence of alcohol or drugs. However, when certain factors are involved, the charge becomes “Aggravated,” carrying much harsher penalties. An Aggravated DWI can occur in several circumstances, such as when a person is arrested with a blood alcohol concentration (BAC) of 0.15% or higher—nearly double the legal limit of 0.08%. Another common aggravating factor is having a passenger under 15 years old in the vehicle at the time of the arrest. These factors significantly increase the severity of the charge and the penalties you may face.

Penalties After an Aggravated DWI Arrest in Texas

An Aggravated DWI conviction can lead to severe consequences. For instance, fines can be as high as $10,000 depending on the circumstances of the case. Jail sentences may also be longer compared to a standard DWI. In some cases, you could face up to one year in jail, especially if you have prior convictions or aggravating factors like a high BAC or a child passenger. A conviction may lead to a significant suspension of your driver’s license, which can last anywhere from 90 days to two years, impacting your ability to work, attend school, or carry out daily tasks. In addition, an Aggravated DWI conviction can stay on your criminal record, which may affect your future employment, housing, and travel opportunities. With a previous Aggravated DWI conviction, future offenses will result in much harsher penalties. These penalties can drastically change your life, but with the right legal defense, it’s possible to reduce or eliminate them. The Greening Law Group is here to guide you through this process, helping you understand your options and fight for a positive outcome.

Why You Need a Texas Aggravated DWI Lawyer

Dealing with an Aggravated DWI charge in Texas is serious, and it’s important to have legal representation that understands the complexities of these cases. Our team of dedicated Texas Aggravated DWI lawyers has extensive experience in handling such cases. We’re committed to ensuring that you understand every step of the legal process. The legal process following an Aggravated DWI arrest can be overwhelming, involving court hearings, paperwork, and strict deadlines. With a knowledgeable lawyer by your side, we can ensure that the necessary steps are followed, helping you avoid mistakes that could harm your case. At The Greening Law Group, we take the time to understand your situation and develop a defense strategy that’s tailored to your specific needs. We believe in empathy and strong advocacy, and we will fight for the best outcome for you. Our team knows how to gather evidence, challenge law enforcement procedures, and scrutinize the methods used to measure your BAC. With the right defense, we can work to reduce the charges, negotiate plea deals, or even get the case dismissed.

Aggravated DWIs/DUIs Based on BAC and Repeat Offenses

Our lawyers could help you understand how an aggravated DWI offense in Texas differs from a standard DWI. Aggravated DWI charges involve extenuating circumstances that can increase the severity of the crime. Texas Penal Code Annotated § 49.04 provides that a driver is guilty of a standard DWI offense if they operate a vehicle while having a blood alcohol concentration (BAC) of 0.08 percent or more. A standard DWI is considered a class B misdemeanor that can impose penalties, including the following:

• Minimum mandatory jail time of 72 hours up to 180 days;
• Penalties up to $2,000; and
• A driver’s license suspension for up to a year.

Aggravating circumstances will lead to harsher charges. For example, state law upgrades the crime to a class A misdemeanor if the driver has a BAC of 0.15 percent or higher. The maximum penalties increase to:

• Up to one year in jail; and
• Fines up to $4,000.

Repeat offenses can also result in more severe penalties. A second-time DWI is upgraded to a class A misdemeanor, and a third-time DWI offense is a third-degree felony, with maximum penalties of:

• Two to 10 years imprisonment; and
• A $10,000 penalty.

Additionally, a second or third DWI offense can lead to a two-year suspension of your driving privileges.

Causing Bodily Injury or Death

A court can charge you with an aggravated DWI/DUI if you cause an accident that leads to bodily injury. These crimes are felonies that can lead to severe penalties without representation from an aggravated DWI/DUI attorney in Texas. According to Tex. Pen. Code Ann. § 49.07, a court can convict you of intoxication assault if your DWI leads to a collision that causes serious bodily injury. Intoxication assault crimes are considered third-degree felony offenses. The law clarifies that a severe bodily injury:

• Has a significant risk of death;
• Results in lasting disfigurement; or
• Leads to the loss or impairment of a bodily member or organ.

If the DWI/DUI results in an accident or mistake that causes death, the crime is upgraded to intoxication manslaughter under Tex. Pen. Code Ann. § 49.08. This second-degree felony offense can carry maximum penalties, including jail time from two to 20 years and up to a $10,000 fine.

DWIs/DUIs With a Child or Open Container in the Vehicle

You can be charged with aggravated DWI/DUI if you are driving while intoxicated with a child in the car. Tex. Pen. Code Ann. § 49.045 provides that the offense is a state jail felony if a person is:

• Driving while intoxicated; and
• Has a passenger in the car under 15 years old.

State jail felonies can impose penalties, including:

• 180 days up to two years in prison; and
• A fine of at least $10,000.

Tex. Pen. Code Ann. § 49.04 provides that DWI charges are upgraded to a class B misdemeanor with a minimum of six days in jail if an open container is found during the arrest.