Aggravated DWI

Aggravated DWI Defense in Prosper, TX: Your Path to a Fresh Start

Facing an aggravated DWI charge in Prosper, Texas, can be a terrifying experience. The weight of it can feel immense, a constant source of stress and anxiety that affects every part of your life. You might feel isolated, overwhelmed by the complexities of the legal system and worried about what this means for your future, your job, and your family. But you are not alone in this fight. At The Law Office of James Angelino, we understand the fear and uncertainty you're facing. Our purpose is to stand with you and guide you through this process, helping you find a sense of peace and relief. We want you to be able to close your eyes and picture a life where this charge is a distant memory, replaced by a fresh start. We'll handle the legal fight, so you can focus on rebuilding your life.

To take the first step toward a resolution and feel that weight begin to lift, call us at 469-905-3964 or reach out through our contact us page to schedule a confidential consultation.

What is an Aggravated DWI in Texas?

An aggravated DWI is not a standalone criminal offense in Texas, but rather a standard DWI defense charge that is elevated to a felony due to specific, "aggravating" factors. These factors are considered by the state to demonstrate a higher level of risk or disregard for public safety, which is why they carry such severe penalties. The distinctions are crucial, as a conviction for a felony Aggravated DWI can forever alter your future.

What elevates a DWI to aggravated in Texas?

While a standard DWI is a misdemeanor, the charge can be enhanced to a felony if any of the following factors are present:

• High Blood Alcohol Concentration (BAC): A BAC of 0.15% or higher at the time of the test is a key factor. The state views this as a significant level of impairment, warranting more serious consequences.
• Child Passenger: If a child under 15 years old was in the vehicle, the charge automatically becomes a felony. This is known as DWI with Child Passenger.
• Prior Convictions: Having two or more prior DWI convictions transforms a new DWI into a felony charge, demonstrating a pattern of behavior.
• Causing Injury or Death: Intoxication Assault (causing serious bodily injury) or Intoxication Manslaughter (causing death) are felony offenses that are far more serious than a simple DWI.

The Legal Process: Navigating Your Aggravated DWI Case

The legal journey for an aggravated DWI in Prosper, TX, can be long and complex, but understanding the steps can help you feel more in control. We are here to guide you through each phase:

• Arraignment: This is your first court appearance. We'll be there with you to enter a plea of not guilty and set the stage for your defense.
• Discovery: We will meticulously review all the evidence the prosecution plans to use against you. This includes police reports, body camera footage, breathalyzer results, and witness statements. This is where we look for weaknesses in their case.
• Pre-Trial Motions: Based on our review of the evidence, we may file motions to suppress evidence, such as challenging the legality of the traffic stop or the accuracy of the BAC test.
• Negotiations: We will communicate with the Collin County District Attorney's office on your behalf, negotiating for a reduction of the charge or a plea agreement that is in your best interest.
• Trial: If a favorable agreement cannot be reached, we will be prepared to take your case to trial, fighting to prove your innocence and protect your rights.

Texas Aggravated DWI Fines and Penalties Chart

The potential penalties for an aggravated DWI are a major source of concern for anyone facing this charge. They can drastically impact your financial stability and personal freedom.

• Fines: Up to $10,000 for a third-degree felony, and even higher for more serious charges.
• Prison Time: 2 to 10 years in a state penitentiary for a third-degree felony.
• License Suspension: Up to two years, with significant fees and requirements to reinstate your driving privileges.
• Additional Costs: You may be required to install an ignition interlock device (IID) on your vehicle, complete mandatory community service, and pay for substance abuse counseling.

These consequences go beyond the courtroom. A felony conviction can affect your ability to get a job, secure housing, or apply for certain professional licenses. The true cost is the loss of your future, but we are here to help you fight for it.

FAQs: Your Most Pressing Questions Answered

Q1: Is an aggravated DWI a felony or a misdemeanor in Texas?

An aggravated DWI is always a felony in Texas. The specific degree of the felony (e.g., third-degree, second-degree) depends on the circumstances of the offense. It is this felony status that makes this a significantly more serious charge than a standard misdemeanor DWI.

Q2: What is the difference between an accelerated DWI vs aggravated DWI Texas?

"Accelerated DWI" is not a legal term in Texas. An aggravated DWI, on the other hand, is a specific legal classification for a felony DWI charge. An attorney can help you understand the specific legal terms that apply to your situation, so there is no confusion.

Q3: What are the possible defense strategies for an aggravated DWI case?

A skilled aggravated DWI defense lawyer will explore multiple strategies, including challenging the legality of the traffic stop, questioning the calibration and maintenance of the breathalyzer, and introducing evidence to demonstrate that the field sobriety tests were not administered correctly. We may also negotiate with the prosecutor for a plea to a lesser charge or work to have the case dismissed.

Q4: Can an aggravated DWI charge affect a pending probation period?

Yes, a new aggravated DWI charge can be considered a probation violation and could lead to the revocation of your probation, meaning you would have to serve the remainder of your original sentence in jail, in addition to the penalties for the new DWI charge.

The Power of an Experienced Aggravated DWI Lawyer in Prosper, TX

When you hire an aggravated DWI attorney Prosper, TX, you are not just getting legal representation; you are getting a dedicated The Law Office of James Angelino advocate who will work tirelessly on your behalf. We understand the local legal landscape, the nuances of Texas DWI law, and the strategies necessary to build a strong defense. Our experience in the Collin County court system allows us to anticipate challenges and develop a plan that is in your best interest.

Imagine the peace of mind you will feel when a seasoned professional is handling every aspect of your case, fighting for your rights and your future. We will challenge the evidence, question the procedures, and stand up for you in court. Our goal is to secure the best possible outcome whether that's a dismissal, a not-guilty verdict, or a reduced charge so you can find the relief you deserve and look forward to a brighter future.

Don't let this charge define your life. Take control of your situation. Call us at 469-905-3964 or visit our contact us page to schedule a confidential consultation.