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Anyone who has been charged with a DUI in Texas could be facing severe penalties as a result. However, if there happened to be any aggravating factors involved, the penalties are even harsher, and an individual will have a lot more to lose.
With that being said, what is an extreme DUI? and what can a person do to fight these charges against them?
Anyone currently facing aggravated DUI charges in Texas should seek the help from one of the best DUI law firms in Fort Worth, immediately. Individuals can contact Sparks Law Firm today for a free consultation.
What Is the Difference Between Extreme DUI and DUI?
In Texas, a standard DUI charge means that a person was operating a vehicle on public roads while impaired with mental and physical capacities due to the consumption of alcohol or any other controlled intoxicating substance. In order for an individual to be convicted, the prosecution must be able to prove that their blood alcohol concentration was 0.08% or higher.
In contrast, an aggravated or extreme DUI in Texas means that special circumstances exist in addition to standard DUI charges.
The most common factors that give rise to an aggravated DUI include the following:
Blood alcohol concentration of 0.15% or higher
Prior DUI conviction or convictions
An open container of alcohol or minor – under the age of 15 - in the car at the time an individual was pulled over for drunk driving, and
Causing a motor vehicle accident while driving drunk that resulted in either death or serious injuries.
What Are the Penalties for Extreme DUI in Texas?
Generally speaking, a first-time DUI in Texas is categorized as a Class B misdemeanor. If a person is convicted of a Class B misdemeanor, they could face jail time of up to 180 days and be fined up to $2,000. They may also have their driver’s license suspended for up to one year.
However, an extreme DUI will increase the penalties an individual faces, and the severity of their punishment will depend on the type of aggravating factor that led them to such a charge:
A DUI, where an individual’s BAC was 0.15% or higher, is charged with a class A misdemeanor. This misdemeanor carries punishments of one year of maximum jail time and a fine that does not exceed $4,000. The same punishment goes for a second DUI conviction.
If an individual has two prior DUI convictions, then they will be charged with a felony that has much more severe penalties. The severity is aimed at punishing offenders who should have already learned their lesson during the first two DUI convictions.
If the law enforcement officer finds an open alcohol container in a person's car when they pull them over, this will automatically result in mandatory jail time of six days.
A person who was driving while intoxicated with a child under 15 years of age in their car when they were pulled over will face felony charges. This conviction can result in jail time of up to two years and a fine of up to $10,000.
If an individual caused an accident while drunk driving that resulted in serious injuries, they will be charged with a third-degree felony charge. This carries a punishment of a maximum of 10 years in prison and a fine that does not exceed $10,000.
If an individual killed someone in an accident while drunk driving, they are considered to have committed a second-degree felony. This type of felony carries up to 20 years in prison and as much as $10,000 in fines.
Talk With a Fort Worth, TX, Criminal Defense Attorney at Sparks Law Firm Today!
An individual facing an aggravated DUI in Texas is a very serious matter that will have grave consequences. This is why it is crucial for them to speak with an experienced DUI lawyer at Sparks Law Firm who can help them to build a strong defense, even if you were only charged with APC instead of DUI.
The legal team at Sparks Law Firm helps their clients understand their options and will protect their rights at all costs. Individuals can contact Sparks Law Firm today to book a free consultation by either calling (817) 381-7846 or by filling out the contact form on the law office’s website.