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There are certain factors that will cause a DUI to be prosecuted at a higher level of punishment in Texas.
If you are accused of driving while intoxicated with a child younger than 15 years of age in the car, even if it’s a first-time offense, that’s an automatic aggravated DUI and state jail felony charge.
If your blood alcohol content is greater than 0.15, that can increase the punishment range even for a first-time DUI, as well.
Having previous convictions for DUI can also result in an aggravated charge, depending on the number of convictions. Further, if someone is injured as a result of your accident during a DUI episode, you could be charged with things such as intoxication, assault, or even a graded assault with a deadly weapon.
If you have three or more previous DUI convictions, you are looking at a third-degree felony charge, which carries a range of punishment between two and 10 years in the Texas Department of Criminal Justice.
Also, if you have enough criminal history to make you a habitual offender, even if they’re all just DUIs, it could result in a potential punishment range of 25 years to life.
Suppression of illegally obtained or stored evidence is often key in DUI defense, particularly when blood samples are sent off to a lab that the government has hired to be analyzed.
There was an analyst, in particular, several years ago who was caught not properly doing his job, and it caused a large number of DUI cases to be re-evaluated. Your attorney can also evaluate whether those labs are up to code and whether they are following best practices.
My most positive DUI reduction in outcome involved getting pretrial diversion for a client who had done some honorable service prior in life and was headed off to do some more study.
He actually received pretrial diversion, which is very difficult to accomplish, as district attorneys in this part of Texas are extremely tough on DUI cases. This pretrial diversion allowed him in a short period of time to move out of State and pursue other endeavors.
For more information on What You Need To Know About Aggravated DUI Charges in Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (903) 865-3803 today.