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College Station Aggravated DWI/DUI Lawyer

Driving under the influence of alcohol can have devastating consequences, such as causing a deadly accident or getting arrested. The state can impose harsh criminal penalties if you are convicted of DWI/DUI.

Certain factors or accompanying offenses can also lead to more severe aggravated DWI/DUI charges. Hire a College Station aggravated DUI lawyer to fight on your behalf if you are facing these charges. Call our law office today to speak with a seasoned DWI/DUI attorney today.

Aggravated DWIs/DUIs Based on BAC and Repeat Offenses

Our lawyers could help you understand how an aggravated DWI/DUI offense in College Station differs from a standard DWI. Aggravated DWI/DUI 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 College Station.

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.

Contact a College Station Attorney About Aggravated DWI/DUI Charges

An aggravated DUI charge can drastically impact your life and result in losing your driving privileges. These charges can negatively affect your ability to obtain employment if your job requires a background check or a commercial driver’s license.

If you were charged with a DWI/DUI and related aggravating offenses, a College Station aggravated DWI/DUI lawyer could help you fight for a win in court. Our professional and knowledgeable criminal defense attorneys are here to help. Call today.