What Happens if I Receive an Aggravated DWI in Texas?

DWIs are incredibly serious charges that can affect an individual for years into the future, however, if you are charged with an aggravated DWI, you most likely have far more on the line. Please continue reading and speak with our knowledgeable Houston criminal defense attorneys to learn more about aggravated DWI charges in Texas and how we can help you fight them. Here are some of the questions you may have:

What constitutes an aggravated DWI in Texas?

There are a wide array of circumstances that may warrant an aggravated DWI in Texas. As the name implies, you may receive an aggravated DWI if there were certain aggravating, or additional factors associated with the nature of your DWI. Some of the most common reasons for being charged with an aggravated DWI in Texas are as follows:

  • Having a previous DWI conviction on your record
  • Operating your motor vehicle with a blood alcohol content of .15% or higher. (Standard DWI charges are brought against someone with a BAC of .08% or higher.)
  • Causing an accident that results in the injury or death of another person while you were under the influence of alcohol.
  • Having a child in the car at the time you were arrested for driving while intoxicated.
  • Having an open container in the car at the time you were arrested for driving while intoxicated.

What are the consequences of an aggravated DWI conviction in Texas?

There are various potential consequences you may face for an aggravated DWI in Texas, though the penalties you will face depend on the circumstances of your arrest. For example, a second DWI conviction, or receiving a DWI with a BAC of .15% or higher will result in a Class A misdemeanor, which entails up to 1 year in jail and a $4,000 fine. Further, those with two previous DWIs on their records will face felony charges. For causing an accident that resulted in a serious injury while under the influence, you will face up to 10 years in prison and a potential $10,000 fine. Unfortunately, if you killed someone while under the influence, you will face a 20-year prison sentence and a potential $10,000 fine. Finally, if you are caught operating your motor vehicle while under the influence with an open container in the vehicle, you will most likely have to spend at least six days in jail. Our firm is here to help fight these charges in any way we can.


We understand how challenging various legal matters can be, which is why we have dedicated ourselves to helping clients in Texas through a wide array of legal matters, including personal injury law and criminal defense. If you have sustained a serious injury or are facing criminal charges, contact the Gonzalez Law Group today to learn more about how we can help you through every step of the legal process ahead.