Denton Criminal Defense Attorney
Fight aggravated DWI charges with skilled counsel
Throughout the state of Texas, drinking and driving continues to be a problem. Every year, thousands of individuals are injured or even killed when they decide to drink and drive—or are hit by another driver who has been drinking and driving. Therefore, the state of Texas takes drinking and driving arrests very seriously. However, you may be able to raise a number of defenses in your aggravated driving while intoxicated, DWI, case. Denton criminal defense attorney Brent D. Bowen is experienced in all types of DWI charges and pursues all available defenses on your behalf. Our goal is protecting your rights, your freedom and your future.
What is aggravated DWI?
Generally, a driver may be charged with driving while intoxicated, or DWI, if that person 1) drives while intoxicated, which means without the “normal use of mental or physical faculties” or 2) drives with a blood alcohol content of 0.08 percent or greater. In Texas, DWI is generally a misdemeanor. With a first offense DWI charge, the accused generally does not spend more than 6 months in jail. Penalties may include a license suspension of up to one year and fines of up to $2000.
However, aggravated DWI is a much more serious charge.
A driver may be charged with aggravated DWI if a driver has a blood alcohol content of at least .15 percent. The driver may also be charged with DWI if there is at least one child under the age of 15 in the car.
If the driver is charged with aggravated DWI because his or her blood alcohol content was .15 or greater, the charge is a Class A misdemeanor. The driver faces up to a one year in jail and fines of up to $4,000. The accused is also required to have an ignition interlock or deep lung device installed on their vehicle.
However, if the driver is charged with aggravated DWI because he or she had a child in the car, the crime is a state jail felony. The driver faces serious prison time—between 6 months to 2 years.
Are there any defenses available in aggravated DWI cases?
If you have been charged with aggravated DWI, it is important to discuss your charges with an experienced criminal defense attorney as soon as possible. Criminal defense attorneys handle all of the legal issues that stem from your charges on your behalf—including speaking with law enforcement and prosecutors, conducting court hearings, and gathering evidence.
Depending on the individual circumstances of your case, there are a number of defenses that may be available. Your criminal defense attorney is able to analyze the facts of your case and determine which defenses to raise.
Some possible defenses to aggravated DWI charges include:
- A lack of reasonable suspicion to pull the driver over
- Improper breathalyzer readings
- Improperly executed field sobriety tests
- Valid reasons for failing a field sobriety test, such as injuries or other medical conditions
- The presence of certain medical conditions that may cause a driver to fail a breathalyzer test
- Problems with the blood collection or testing
With your criminal defense attorney, you will be able to rest assured that your legal rights are being protected throughout your case.
Contact an experienced Denton criminal defense attorney to begin building your aggravated DWI defense today
If you have been charged with aggravated DWI, contact experienced Denton criminal defense attorney Brent D. Bowen today. We take your case seriously and provide excellent legal representation. To schedule your free consultation with attorney Bowen, call (940) 222-2488 or contact our firm online.