Aggravated DUI (DWI with BAC 0.15+) Standing Strong, Fighting Smart

Aggravated DWI Defense in Angleton

Defense for High-BAC DWI Allegations

A reported blood alcohol concentration of 0.15 or higher can elevate a Texas DWI charge from a Class B misdemeanor to a Class A misdemeanor. Jeff Gilbert Law Office represents people facing this enhanced allegation in Angleton and throughout Brazoria County. We also handle repeat offenses, which are sometimes grouped with high-BAC cases under the terms aggravated DWI or Aggravated DUI.

Jeff Gilbert has represented Texas clients charged with DWI for more than 35 years. As a former Harris County District Attorney’s Office prosecutor and special judge, he brings insight into the evidence, court procedures, and decisions that can shape a case. We develop a custom legal strategy and provide clear, honest guidance about the charge and available options.

Call (979) 304-2160 to discuss a high-BAC DWI allegation with our criminal defense team.

How Texas Classifies High-BAC DWI

Texas law defines DWI as operating a motor vehicle in a public place while intoxicated. Intoxication can mean having an alcohol concentration of at least 0.08 or losing the normal use of mental or physical faculties because of alcohol, drugs, another substance, or a combination of substances.

Under Texas Penal Code §49.04(d), the offense becomes a Class A misdemeanor when an analysis of the person’s blood, breath, or urine shows an alcohol concentration of 0.15 or more at the time of analysis. This threshold enhances the classification based on the reported test result. It doesn’t create a separate driving offense.

We examine the allegation as filed, the potential penalties, and the records associated with the arrest before advising a client on strategy.

Potential Penalties for a High-BAC DWI in Texas

A standard first DWI below the enhanced threshold is generally a Class B misdemeanor. It carries a minimum confinement term of 72 hours, up to 180 days in county jail, and a fine of up to $2,000. Other facts can affect how a particular allegation is classified and handled.

An offense at or above the enhanced threshold is a Class A misdemeanor, carrying up to one year in county jail and a fine of up to $4,000. A conviction therefore creates greater potential incarceration and financial exposure than a standard first offense.

Restrictions on Deferred Adjudication

Deferred adjudication allows a court to defer a finding of guilt while the defendant completes court-ordered supervision. Although Texas permits this procedure in some DWI cases, it’s unavailable when the defendant’s BAC was 0.15 or higher.

Texas law also excludes defendants who held a commercial driver’s license or commercial learner’s permit, as well as those with a prior DWI or boating while intoxicated conviction. Because eligibility depends on the charge, record, and licensing status, we assess these restrictions before discussing possible resolutions.

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- Former Client
We had our wills and other end of life documents written. The staff and Mr. Gilbert took their time to ensure we understood the documents and process for end of life decisions. They made this important issue as easy as could be.

- Jon P.
Jeff Gilbert has represented me twice, and, both times, I had positive results. They were very helpful and always communicated well with me and my family.

- Former Client
Jeff is an individual that really cares about his clients. He is professional and thorough, with a personality that can light up the darkest room. If you want an attorney that is competent, and well-versed, look no further!

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What Follows a High-BAC DWI Arrest in Angleton

A DWI arrest can begin two separate proceedings: the criminal case and the Texas Department of Public Safety administrative license process. We guide clients through both, from the initial arrest to hearings at the Brazoria County Courthouse and trial settings in Angleton.

The Administrative License Revocation Deadline

Administrative License Revocation is the process the state uses to suspend driving privileges after certain test failures or refusals. A driver has 15 calendar days from service of the suspension or disqualification notice to request an ALR hearing and contest the proposed suspension. This deadline is separate from criminal court dates.

Without a timely ALR hearing request, the suspension takes effect on the 40th day after the notice is presumed received. Acting promptly gives counsel time to address the license proceeding while beginning work on the criminal case.

The Brazoria County Criminal Case

Class A and Class B misdemeanor DWI cases are handled by the Brazoria County Courts at Law. Felony-level DWI cases proceed in the Brazoria County District Courts. The filed charge determines which court handles the case and may depend on prior convictions or other alleged circumstances.

Once engaged, we communicate with the Brazoria County District Attorney’s Office and evaluate plea offers against the evidence, charge level, and client’s circumstances. We also work to preserve time-sensitive materials, including surveillance video and 911 recordings, that may clarify the events surrounding the arrest.

Discuss Your Defense with Our Team

We serve clients facing aggravated DWI allegations in Angleton and throughout Brazoria County. Virtual consultations are available, and our bilingual staff assists Spanish-speaking clients. We provide direct communication about the legal process and tailor our strategy to the facts of each case.

Call (979) 304-2160 to speak with Jeff Gilbert Law Office about the next steps in your defense.

Evidence in a High-BAC DWI Case

A reported BAC result is only one part of the state’s evidence. The broader record may include arrest reports, recordings from the traffic stop, law enforcement observations, witness information, and documents connected to the chemical analysis. We consider these materials together rather than treating one number as the entire case.

Preserving evidence can be critical to reconstructing what happened before and during the arrest. Recordings and other records may not remain available indefinitely, so potentially relevant materials should be identified early.

Our evaluation may address:

The facts stated in arrest reports and other official records.
The reported blood, breath, or urine analysis and related documentation.
Recordings associated with the stop, arrest, or events leading to police contact.
The filed charge, prior record, licensing status, and client’s individual circumstances.

No single defense applies to every case. Our strategy depends on the available evidence, the classification of the charge, and the client’s goals. Reviewing the complete record allows us to identify the legal and factual issues that require attention without predicting an outcome.

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