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Aggravated DWI Austin Trial Lawyers

Austin Aggravated DWI Defense Attorneys

Arrested for Extreme DWI in Travis County? We Can Help.

Facing an aggravated DWI charge in Texas—sometimes referred to as an extreme DWI—can be a life-altering event. Not only do you risk standard driving while intoxicated penalties, but you may also be subject to harsher consequences due to specific aggravating factors, such as an exceptionally high blood alcohol concentration (BAC) or the presence of a minor in the vehicle. At Smith & Vinson, our Austin aggravated DWI attorneys are here to provide strong, experienced representation to help you navigate this complex legal situation.

Call (512) 359-3743 or contact us online for your free consultation.

Your Defense Against DWI Charges Strong Representation When It Matters Most
A DWI charge can have serious consequences, but you don’t have to face it alone. Our experienced team will fight to protect your rights, minimize penalties, and help you take control of your future.

What Qualifies as Aggravated DWI in Texas?

Under Texas law, a standard DWI charge can escalate to an aggravated DWI if certain conditions are met. 

Common aggravating factors include:

  • A BAC of 0.15% or higher
  • DWI offenses leading to accidents or injuries
  • DWI with a child under 15 in the vehicle
  • Multiple prior DWI offenses

These factors can significantly increase the severity of your DWI case, escalating it from a misdemeanor to a felony and resulting in considerable fines and a lengthy license suspension. This makes it critical to seek help from a criminal defense lawyer who understands the complexities of aggravated charges in Travis County, Williamson County, Hays County, and throughout Central Texas.

  • Case Dismissed; Charges Reduced Felony DWI

    Our client was arrested for her fourth DWI with an alleged BAC of 0.168. The State aggressively prosecuted this case and sought prison time. We were able to work with the client on a mitigation strategy that resulted in the State agreeing to drop the felony and offer probation on a misdemeanor, keeping the client out of jail.

  • Not Guilty DWI .22 Blood Warrant

    This was the 2nd time we tried this case. First one ended in a mistrial last year. 911 caller reported 2 people leaving a restaurant belligerent and stumbling. Officer arrived on scene, conducted field sobriety tests and arrested client for DWI. Client refused to provide a sample. Warrant was obtained and blood came back a .22.

  • Case Dismissed DWI

    Our client, a veteran, fell asleep at the wheel and was involved in an accident. He was arrested for DWI and refused to give a breath or blood sample to the police. He came to us concerned that a DWI conviction would put an end to his military benefits. We received a plea offer for a DWI conviction with 15 months of probation, but we knew we could do better.

  • Pre-Trial Diversion DWI Voluntary Blood Draw

    Our Client was pulled over and investigated for DWI. He was asked to perform Standard Field Sobriety Tests and subjected to an eye movement test. He also voluntarily provided a blood sample to be tested. The results were twice the legal limit.

  • Case Dismissed DWI

    Our client was pulled over for failure to signal intent to turn. The arresting officer claimed the vehicle accelerated at a high rate of speed (67 MPH in a 30 MPH zone) resulting in a chase. When our client stopped, the officer noted the smell of alcohol on our client’s breath.

  • Motion to Suppress Granted; Case Dismissed DWI 2nd .209
  • Motion to Suppress Granted During Trial DWI .11 Blood Warrant

    This was the 2nd jury trial for this case. First one was a 4-2 hung jury for not guilty. This trial ended in a dismissal by the State mid-trial after we fought and won a motion to suppress. Client and his wife pulled off on the side of the road sleeping in truck with engine running. Client in driver seat with seat laid way back. Officers say they smelled odor of alcohol coming from vehicle but didn’t specify who in the car it was coming from.

  • Case Dismissed Felony DWI w/ Child Passenger

    After spending Thanksgiving Day with her family, our client drove home with her daughter in the backseat of her car. She was pulled over for speeding and given a warning. At that point, she should have been free to leave. Instead, a backup officer arrived on scene and demanded that the client step out of the car so he could perform an “investigation.”

  • Not Guilty 2nd DWI

    911 caller reported a major rollover, single car accident. EMS and fire arrived on scene. They had to break the window to get our client out of the car. He said he had swerved to miss a deer and had been up close to 18 hours before the crash. Police later arrived on scene, spoke to our client and he admitted to coming from a bar and drinking 2 martinis.

  • Probation (was looking at 25 to life in prison) Felony DWI

    Our client was arrested and charged with DWI. The alleged BAC was 0.083. However, because he had 6 prior DWI’s and had previously been to prison multiple times, the client was facing 25 years to life in prison. The client accepted responsibility for the crime and our attorneys set this case for a sentencing hearing in front of the judge, where we put on a strong mitigation case with multiple witnesses. We were able to avoid prison or jail for the client. He was sentenced to probation.

  • Case Dismissed DWI

    Our client was stopped for a headlight that had gone out and was then arrested for and charged with DWI. He consented to a breath test and blew a .11. Upon reviewing the dash cam video, we discovered that the field sobriety tests were performed off camera. We knew that the video would not be usable in trial and used this information to pressure the prosecutor during our negotiations.

  • Case Dismissed DWI

    Our client was charged with a DWI in Waco when he was caught crossing through a ditch to get to a frontage road during traffic. He admitted to having three drinks and performed SFSTs. However, he refused to provide breath or blood to the officers.

  • Not Guilty DWI .24 Blood Warrant

    Our client, an older male working professional, was stopped for a traffic violation while leaving downtown Round Rock. A major issue arose with the blood analysis conducted by a DPS analyst who had a prior disciplinary history.

  • Case Dismissed Intoxication Assault

    Our client had allegedly been drinking with friends after work. He woke up in the hospital after an accident that severely injured another person. We fought for our client in our negotiations with the prosecutor on his felony Intoxicated Assault charge and worked with the injured party’s insurance company on a plan to compensate her for her injuries. The felony was ultimately dismissed and reduced to a misdemeanor DWI charge.

  • Case Dismissed 2nd DWI

    Our client was involved in a vehicle accident in La Grange where she was ejected from the vehicle and had to stay in the hospital. There was alcohol in the car, and she had prior DWIs. The ethanol levels in her blood came back at a .13 so she was charged with Driving While Intoxicated. This client was unaware that she was charged after she left the hospital which resulted in the charge of Bail Jumping. However she maintained that she had only an 8% functioning liver due and upon researching her medical hist

  • Case Dismissed DWI

    Our client left 6th Street at 2:00 AM after celebrating an anniversary and fell asleep at the wheel. He was arrested for DWI at 4:30 AM and blew a .138 on the breathalyzer.

  • Case Dismissed/Charges Reduced DWI With Child Passenger - Felony
  • Case Dismissed DWI

    Our client was stopped by a police officer for driving the wrong way down a one-way street. A Blood Warrant was issued, and the test came back .09. Our client was new to the area and attempting to get a job. Pleading guilty to a DWI was not an option. After negotiating with the prosecutor, our firm was able to get the DWI charge dismissed after successful completion of 18 months deferred prosecution.

  • Not Guilty 2nd DWI

    Our client was pulled over for a traffic violation. Officer smelled alcohol, client admitted to consuming a few drinks. Officer also noted slurred speech and bloodshot eyes. Client performed the SFST’s (roadside tests). Officer said he failed all 3, eye test, walk and turn and one-leg stand. Officer placed client under arrest and asked him for a sample of breath and/or blood. Client refused. Officer did not get a blood warrant.

  • Not Guilty DWI .17 Blood Result

    A soldier on base at Fort Hood hit a parked car in the parking lot of his barracks while attempting to back into a parking space. A bystander called 911, believing the driver to be drunk. Military Police investigated the incident and performed field sobriety tests. The soldier was arrested for DWI and his blood was drawn for analysis. The lab results came back, showing an alleged blood alcohol content of 0.178.

  • Pre-Trial Diversion DWI Voluntary Blood Draw

    Our Client was pulled over and investigated for DWI. He was asked to perform Standard Field Sobriety Tests and subjected to an eye movement test. He also voluntarily provided a blood sample to be tested. The results were twice the legal limit. Our client has a prior felony conviction. The State waited a full 2 years after the incident and right before the deadline of the statute of limitations were to expire to file the charges against our Client.

  • NOT GUILTY DWI

    911 caller reported our client passed out in the middle of an intersection. Police arrived on scene, and would later find meth, cocaine, and THC gummies inside the car. There were also two open containers of alcohol in the front console. Client was very groggy and unintelligible but woke up pretty quickly after officers arrived. According to the officers, the client failed the field sobriety test. But, of course, they always say this.

Frequently Asked Questions: Aggravated DWI in Texas

  • In Texas, the term “aggravated DWI” is typically used to describe a DWI offense with specific aggravating factors, like a high BAC or an accident resulting in serious injury. “Extreme DWI” may be used interchangeably to emphasize a particularly high BAC—though legal definitions can vary between states.

  • You risk an administrative license revocation (ALR) soon after your arrest if you fail or refuse a chemical test. If convicted, additional suspensions or revocations may apply based on the severity of your case. An attorney can help you challenge the ALR and negotiate for limited driving privileges.
  • Yes; common defenses include invalid BAC test results, procedural mistakes by law enforcement, and a lack of probable cause for traffic stops. Every case is unique, which is why a tailored legal strategy is crucial.
  • Absolutely; repeat DWI offenses often lead to enhanced or felony-level charges. An experienced defense team can work to minimize the impact of prior convictions on your current case.
    Smith and Vinson were incredibly helpful when I needed legal advice.
    “They didn’t waste time, explained everything clearly, and were super prepared. If you need a criminal defense lawyer in Austin, this is a firm you can trust!”
    - Keira C.
    This law firm is top notch!
    “Very dedicated & professional! I always knew where things stood in my case at ALL TIMES and I received the outcome that I needed nobody is going to fight harder for you! Thanks again Charlie Falck and Annie Mann you guys are genuinely the best :)”
    - Taylor T.
    The level of professionalism, expertise, and care I received was spectacular.
    “From our very first consultation, Charlie took the time to truly understand my situation, explain my options clearly, and guide me every step of the way. I highly recommend him and his staff.”
    - Didi C.
    My experience with this law firm was fantastic
    “From the first call to the last, they stayed in communication with me and let me know every step of the way. The attorneys at this office and the support staff got my case dismissed with no problems. If you find yourself in a situation, I highly recommend calling this firm.!”
    - Lyndsey O.
    It’s clear they care about the people they work with, not just the legal outcome.
    “I’ve worked with a few law offices over the years, but Smith and Vinson made the biggest impression. From the first time I heard and met with them, they were professional, kind, and genuinely attentive.”
    - Thomas A.
    Outstanding service from start to finish!!
    “I can't thank this firm enough! Brad Vinson is a top-notch attorney who fights relentlessly to get cases dismissed. His dedication and expertise truly set him apart.”
    - Iayni M.
    They exceeded all my expectations with their professionalism, compassion, and dedication.
    “The entire staff was incredibly helpful, responsive, and made me feel supported every step of the way. I’m truly grateful for their expertise and care, they made a stressful situation so much easier to navigate.”
    - Cielo J. R.
    Great defense lawyers.
    “Very professional and efficient throughout my entire case. They took my situation seriously, explained every step, and made sure I felt supported. You can tell they’ve handled serious cases in Travis County before.”
    - Destiny E.
    If you’re in Travis County and facing charges, I’d absolutely recommend giving this firm a call.
    “Brad really takes the time to get to know your situation. He was sharp, respectful, and didn’t sugarcoat anything.”
    - Kayla S.

How We Fight Aggravated DWI Charges

Challenging aggravated DWI charges requires an unrelenting, multi-faceted approach that considers not only criminal proceedings but ALR hearings as well. With nearly seven decades of combined experience, our team of Austin DWI attorneys understands how to protect our clients’ rights and interests to the fullest extent.

Our method of fighting aggravated DWI charges includes:

  • Evidence Analysis: We thoroughly examine police reports, breathalyzer or blood test procedures, and any field sobriety test results for errors or rights violations.
  • Challenging BAC Tests: We investigate how your blood or breath sample was collected, stored, and analyzed to ensure it meets legal standards.
  • Strategic Negotiation: If there is room to negotiate a reduction of charges or secure a plea deal, we pursue it vigorously to minimize the impact on your life.
  • Trial-Ready Approach: With 400+ trials under our belt, we never shy away from taking your case to court if it’s in your best interest.

At Smith & Vinson, we know the prosecution’s playbook and can anticipate their strategies. Whether you live in Austin, Round Rock, Georgetown, or San Marcos, we are fully prepared to fight for the best outcome possible. We understand that an aggravated or extreme DWI charge affects every aspect of your life—from employment and family to housing opportunities. Our commitment is to help you protect your future and move forward.

If you’re facing an aggravated or extreme DWI charge, the stakes are high—but you don’t have to face the Texas criminal justice system alone. At Smith & Vinson, our Austin aggravated DWI attorneys fight with a never-give-up approach to protect your rights and your future.

Call us at (512) 359-3743 or contact us online to schedule a free, confidential consultation. 

  • National College of DUI Defense
  • DUI Defense Lawyers Association
  • AVVO Brad
  • AVVO Jarrod
  • The College of the State Bar of Texas
  • National Trial Lawyers

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