Aggravated DWI Defense

A charge of DWI will be enhanced to an aggravated DWI under the following circumstances:

  • You refused to submit to a breath or blood test after being requested to do so by a law enforcement officer;
  • You submitted to a breath or blood test and the results were higher than a .16.
  • You were involved in a DWI accident involving serious physical injuries.

The effect of an aggravated DWI charge is that it enhances the potential penalty that the court may impose after a conviction or plea, and typically involves a period of mandatory incarceration. For example, while a straight DWI first offense carries no mandatory jail time, a first offense aggravated charge carries a mandatory 48 hours incarceration.

An aggravated DWI based upon a refusal will also increase your period of license revocation in an MVD proceeding from 6 months to one year. At this time, an aggravated charged based upon breath score or injuries do not increase your period of revocation in the MVD proceedings.

Get your questions answered - call us for your free, 20 min phone consultation (575) 589-1055