Repeat offenses are not the only means by which DWI penalties increase. If charges are aggravated, even for a first offense, penalties are harsher. If you are facing aggravated DWI charges, seek the help of an experienced criminal defense attorney from Patrick J. Martinez & Associates.
Understanding Aggravated DWI Charges
DWI charges may be aggravated if one of the following conditions applies:
- The individual’s blood alcohol level was two or more times the legal limit—i.e., .16 for a driver 21 years or older not operating a commercial vehicle
- Another person was injured as a result of an individual’s drunk driving
- The individual refused implied consent by not giving a breath or blood sample for a BAC test
Refusing a field sobriety test will not result in DWI charges being aggravated.
Penalties for Aggravated DWI Charges
Aggravated DWI charges increase the severity of penalties. At the administrative level, first offenders face license revocation for a full year instead of six months. For first and all subsequent offenses, mandatory jail times increase to:
- 48 hours for first offense
- 6 days (additional 96 hours) for second offense
- 140 days (additional 50 days) for third offense
Fourth DWI offenses are felony charges, and if the conditions of an aggravated DWI apply, penalties will increase.
Tough Criminal Defense for Aggravated DWI Charges
If you are facing aggravated DWI charges, you face no less than two full days in lock-up. You also face fines, fees and other restrictions on your freedom, employment opportunities and housing options. Do not put your future at stake by going to court alone. Get the help of an experienced criminal defense attorney.
The lawyers at Patrick J. Martinez & Associates have been focusing their practice on DWI defense for more than 20 years. We know how to investigate the circumstances surrounding your arrest and build a strong defense. We fight to make sure your fourth amendment rights were respected and to preserve your freedom to the greatest extent possible.
Contact us to schedule a free initial consultation at our Albuquerque, NM office. If you retain us for your aggravated DWI criminal defense, we provide representation at all administrative hearings at no additional charge.