Austin Aggravated DWI Defense Attorneys
Arrested for Extreme DWI in Travis County? We Can Help.
Facing an aggravated DWI charge in Texas—sometimes referred to as an extreme DWI—can be a life-altering event. Not only do you risk standard driving while intoxicated penalties, but you may also be subject to harsher consequences due to specific aggravating factors, such as an exceptionally high blood alcohol concentration (BAC) or the presence of a minor in the vehicle. At Smith & Vinson, our Austin aggravated DWI attorneys are here to provide strong, experienced representation to help you navigate this complex legal situation.
Call (512) 359-3743 or contact us online for your free consultation.
What Qualifies as Aggravated DWI in Texas?
Under Texas law, a standard DWI charge can escalate to an aggravated DWI if certain conditions are met.
Common aggravating factors include:
- A BAC of 0.15% or higher
- DWI offenses leading to accidents or injuries
- DWI with a child under 15 in the vehicle
- Multiple prior DWI offenses
These factors can significantly increase the severity of your DWI case, escalating it from a misdemeanor to a felony and resulting in considerable fines and a lengthy license suspension. This makes it critical to seek help from a criminal defense lawyer who understands the complexities of aggravated charges in Travis County, Williamson County, Hays County, and throughout Central Texas.
Potential Penalties for Aggravated DWI in Austin
If convicted of an aggravated or extreme DWI, you may face:
- Fines of up to $10,000
- Up to 10 years in prison
- License suspension for 2 years
- Mandatory ignition interlock device (IID) in your vehicle
- Probation for up to 6 months
- Up to 600 hours of community service
- Mandatory alcohol addiction treatment
- Additional fees and court costs
The extent of penalties will depend on which factor (or factors) caused a DWI offense to be considered “aggravated.” For example, a first DWI with a BAC of 0.15% may be punishable by up to 360 days in jail and a fine of up to $4,000. Aggravated DWI involving a fatal auto accident may result in 10 years in prison and a $10,000 fine.
With your freedom, license, and finances on the line, you need a law firm that’s committed to protecting your rights and fighting aggressively for your future. That’s Smith & Vinson.
How We Fight Aggravated DWI Charges
Challenging aggravated DWI charges requires an unrelenting, multi-faceted approach that considers not only criminal proceedings but ALR hearings as well. With nearly seven decades of combined experience, our team of Austin DWI attorneys understands how to protect our clients’ rights and interests to the fullest extent.
Our method of fighting aggravated DWI charges includes:
- Evidence Analysis: We thoroughly examine police reports, breathalyzer or blood test procedures, and any field sobriety test results for errors or rights violations.
- Challenging BAC Tests: We investigate how your blood or breath sample was collected, stored, and analyzed to ensure it meets legal standards.
- Strategic Negotiation: If there is room to negotiate a reduction of charges or secure a plea deal, we pursue it vigorously to minimize the impact on your life.
- Trial-Ready Approach: With 400+ trials under our belt, we never shy away from taking your case to court if it’s in your best interest.
At Smith & Vinson, we know the prosecution’s playbook and can anticipate their strategies. Whether you live in Austin, Round Rock, Georgetown, or San Marcos, we are fully prepared to fight for the best outcome possible. We understand that an aggravated or extreme DWI charge affects every aspect of your life—from employment and family to housing opportunities. Our commitment is to help you protect your future and move forward.
If you’re facing an aggravated or extreme DWI charge, the stakes are high—but you don’t have to face the Texas criminal justice system alone. At Smith & Vinson, our Austin aggravated DWI attorneys fight with a never-give-up approach to protect your rights and your future.
Call us at (512) 359-3743 or contact us online to schedule a free, confidential consultation.
Frequently Asked Questions: Aggravated DWI in Texas
What is the difference between aggravated DWI and extreme DWI?
In Texas, the term “aggravated DWI” is typically used to describe a DWI offense with specific aggravating factors, like a high BAC or an accident resulting in serious injury. “Extreme DWI” may be used interchangeably to emphasize a particularly high BAC—though legal definitions can vary between states.
Will I lose my driver’s license if I’m charged with aggravated or extreme DWI?
You risk an administrative license revocation (ALR) soon after your arrest if you fail or refuse a chemical test. If convicted, additional suspensions or revocations may apply based on the severity of your case. An attorney can help you challenge the ALR and negotiate for limited driving privileges.
Are there possible defenses to an aggravated DWI charge?
Yes; common defenses include invalid BAC test results, procedural mistakes by law enforcement, and a lack of probable cause for traffic stops. Every case is unique, which is why a tailored legal strategy is crucial.
Can prior DWI convictions affect my aggravated DWI charge?
Absolutely; repeat DWI offenses often lead to enhanced or felony-level charges. An experienced defense team can work to minimize the impact of prior convictions on your current case.
Awards & Associations
Respected by Peers, Clients and Legal Organizations
Our Client Reviews
Earning Our Reputation by Protecting Yours
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Smith and Vinson are absolutely incredible! They go above and beyond to help their clients and have a track record of success in getting cases dismissed. Their aggressive approach and unwavering dedication make them stand out from the rest.- Linda W.
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What sets this firm apart is their unwavering dedication to their clients. They listen attentively, provide clear guidance, and approach every case with the utmost diligence. Their attention to detail is truly impressive, and they leave no stone unturned.- Former Client
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When in battle you need people by your side who are fierce enough to face the opposition with you. Brad and Jarod far exceeded my expectations with their passion for winning and attention to detail.- Nikki C.
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After the Jury was selected, the first witness was called to the stand, and Brad and Jarrod imploded the State's case. Moments later, the case was dismissed. I couldn't be any more thankful for Smith & Vinson.- Former Client
A Proven Track Record
Check Out Our Recent Case Results
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Not Guilty 2nd DWI
911 caller reported a major rollover, single car accident. EMS and fire arrived on scene. They had to break the window to get our client out of the car. He said he had swerved to miss a deer and had been up close to 18 hours before the crash. Police later arrived on scene, spoke to our client and he admitted to coming from a bar and drinking 2 martinis.
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Not Guilty 2nd DWI
Our client was pulled over for a traffic violation. Officer smelled alcohol, client admitted to consuming a few drinks. Officer also noted slurred speech and bloodshot eyes. Client performed the SFST’s (roadside tests). Officer said he failed all 3, eye test, walk and turn and one-leg stand. Officer placed client under arrest and asked him for a sample of breath and/or blood. Client refused. Officer did not get a blood warrant.
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Case Dismissed 2nd DWI
Our client was involved in a vehicle accident in La Grange where she was ejected from the vehicle and had to stay in the hospital. There was alcohol in the car, and she had prior DWIs. The ethanol levels in her blood came back at a .13 so she was charged with Driving While Intoxicated. This client was unaware that she was charged after she left the hospital which resulted in the charge of Bail Jumping. However she maintained that she had only an 8% functioning liver due and upon researching her medical hist
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Deferred Adjudication Aggravated Assault & Tampering with Evidence
Our client was involved in a verbal dispute that turned into an altercation where a firearm was discharged into the ground. The round ricocheted and grazed a party to the dispute. Our client was facing multiple felony convictions and a prison sentence.
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Deferred Adjudication Aggravated Assault Family Violence w/ Serious Bodily Injury
Our client was involved in a domestic altercation that resulted in one of the parties sustaining a very serious life -altering injury that required serious medical intervention. We took the case and approached our defense with heavy strong willed negotiations with the State.
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Rejected Pre-Indictment Aggravated Assault Strangulation/Impeding Airway Investigation
