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Aggravated DWI – BAC > 0.15

Recently, the legislature amended the DWI statutes and created a new law that charges anyone who registers a BrAC (breath alcohol concentration) or BAC (blood alcohol concentration) of 0.15 or higher as an “aggravated DWI”, which is punished as a class A misdemeanor. It is subject to all of the same conditions and punishment range for a Class A Misdemeanor, except that there is a minimum of three days in jail as a condition of probation for an aggravated DWI/DUI.

Truth be told, this is typically yet another strong-arm tactic by the District Attorney’s office to get a DWI defendant to plead guilty and not fight their case. Often times the charge will be a standard DWI-1st offense. This is most always seen in cases where there is a blood draw. In those instances, blood results are not typically available for several months after the DWI arrest. Prosecutors are notorious for dangling the “if your client doesn’t plead we are going to enhance this to an aggravated DWI.” While the average criminal defense lawyer will quickly guide his client down the aisle into the land of convictions, an experienced DWI lawyer will not cower at the prospect of an enhancement paragraph being added to a client’s case. DWI Attorney Jeff Greco will certainly not allow the threat of an enhancement paragraph to cajole his clients who otherwise would not plead guilty to simply plead guilty now that a higher range of punishment is on the line.

At Greco Neyland, PC, we will handle the DWI the same whether or not it is alleged that the BrAC or BAC is above a 0.15. That does not change anything in terms of the steps a DWI defense lawyer must take. The fact that the stakes may be higher now does not change the fact that we were hired to fight this case, and this is an undertaking we will not abandon.

Often times, the higher the BrAC or BAC, the better our odds in a given DWI case. This is especially true if you look relatively good on video. It is hard to prove that a DWI suspect is intoxicated three times the legal limit when they look and sound like any normal person on video. Juries have come to expect that a highly intoxicated person (> 0.15) should in fact, resemble someone who is highly intoxicated. When the video evidence does not comport with a computer breath test (also known as the Intoxilyzer 5000) it creates a term we so eloquently discuss at trial, called, reasonable doubt.

The danger in hiring “just any lawyer” is that “just any lawyer” is very likely NOT a DWI lawyer. They have not received the countless DWI intensive seminars, kept up to date on the DWI changes in the law, the DWI Breath test operator (BTO) guidelines as mandated by the Texas Department of Public Safety (in fact we have a copy of the BTO Guidelines in our office), or any of the other countless little nuances in DWI defense that can make or break your case.


Rated 5/5 based on 52 customer reviews

Kenny McKee
Kenny McKee
17:11 11 Dec 18
They did a great job getting rid of my parking and speeding tickets. I recommended them to my friends and family. And they've also experienced the same professionalism and great quality service at an affordable price.
Brian Gomez
Brian Gomez
16:50 11 Dec 18
Dustan and his staff create the best team. They know the law, and made me feel like I was involved and understood everything that was going on. Dustan took the time to explain to me and my family what we could expect, and then led the way.
Heidi Etter
Heidi Etter
15:33 11 Dec 18
Dustan and his staff helped handle my divorce proceedings. He was incredibly knowledgeable and on top of everything I needed to do. Everything was handled in a timely and professional manner. I’m very thankful for his expertise in helping me to manage a difficult situation.
Jordan Bradshaw
Jordan Bradshaw
15:31 11 Dec 18
The staff at Greco Neyland helped a friend of mine on a case. Everyone was so nice and friendly! I definitely recommend them to anyone who needs someone knowledgeable who also really cares about their clients.
Justin Washington
Justin Washington
23:12 06 Nov 18
Dunstan and the staff at Greco Neyland are truly professional and very helpful and understanding through the process. I was facing a felony case and Dunstan got it no billed . I definitely recommend this firm if you want a lawyer that’s going to defend and fight for you.
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