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Brese-LeBron Law, PLLC

Get Your Questions Answered
(903) 857-1031

A woman holding a bottle of liquor and a car key in hand, potentially about to drive under the influence (DWI).In this article, you can discover…

  • What leads to an aggravated DWI charge in Texas.
  • The penalties for an aggravated DWI conviction.
  • How your attorney can help defend you against aggravated DWI charges. 

What Factors Lead To An Aggravated DWI Charge In Texas?

There are certain factors that will cause a DWI to be prosecuted at a higher level of punishment in Texas. 

If you are accused of driving while intoxicated with a child younger than 15 years of age in the car, even if it’s a first-time offense, that’s an automatic aggravated DWI and state jail felony charge.

If your blood alcohol content is greater than 0.15, that can increase the punishment range even for a first-time DWI, as well.

Having previous convictions for DWI can also result in an aggravated charge, depending on the number of convictions. Further, if someone is injured as a result of your accident during a DWI episode, you could be charged with things such as intoxication, assault, or even a graded assault with a deadly weapon.

What Are The Penalties For Aggravated DWI Convictions In Texas?

If you have three or more previous DWI convictions, you are looking at a third-degree felony charge, which carries a range of punishment between two and 10 years in the Texas Department of Criminal Justice. 

Also, if you have enough criminal history to make you a habitual offender, even if they’re all just DWIs, it could result in a potential punishment range of 25 years to life.

What Are The Most Common Defense Strategies To Use Against Aggravated DWI Charges?

Suppression of illegally obtained or stored evidence is often key in DWI defense, particularly when blood samples are sent off to a lab that the government has hired to be analyzed. 

There was an analyst, in particular, several years ago who was caught not properly doing his job, and it caused a large number of DWI cases to be re-evaluated. Your attorney can also evaluate whether those labs are up to code and whether they are following best practices.

Can You Describe A Notable Case Where You Were Able To Get Aggravated DWI Charges Dropped Or Reduced?

My most positive DWI reduction in outcome involved getting pretrial diversion for a client who had done some honorable service prior in life and was headed off to do some more study. 

He actually received pretrial diversion, which is very difficult to accomplish, as district attorneys in this part of Texas are extremely tough on DWI cases.  This pretrial diversion allowed him in a short period of time to move out of State and pursue other endeavors.

For more information on What You Need To Know About Aggravated DWI Charges in Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (903) 857-1031 today.

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