Aggravated DWI

Aggravated DWI Attorney in Odessa

We Are Here to Listen to Your Story—Call Us Now at (432) 224-8036

As your aggravated DWI attorney in Odessa, Sarabia Law Firm brings a thorough understanding of the legal landscape and the unique factors that influence how cases are handled here in West Texas and throughout the Permian Basin. 

Our involvement with local cases gives us insight into how area judges interpret aggravating factors and how Odessa prosecutors negotiate plea agreements or sentencing. This understanding helps us advise our clients on what to reasonably expect and guides our defense strategies to pursue the most favorable outcomes possible. 

Because regional variations can impact every phase of a criminal matter—from bond hearings to trial—our local experience ensures your defense fits not just Texas law, but the Odessa legal environment specifically. Working with an aggravated DWI lawyer in Odessa who truly knows the area means your defense will always be relevant and informed.

Do not let a mistake define the rest of your life. Contact a leading aggravated DWI attorney in Odessa today. Call Sarabia Law Firm at (432) 224-8036 or contact us online for a free consultation.

Understanding Aggravated DWI Laws in Texas

In Texas, a standard DWI offense is a misdemeanor. However, certain "aggravating factors" can elevate the penalties. These factors are not trivial; they indicate that the state considers the crime to be far more dangerous and deserving of harsher punishment.

Texas law, under the Penal Code, outlines several circumstances that can lead to an aggravated DWI charge. These include:

  • DWI with a Child Passenger: If you are arrested for DWI while a child under the age of 15 is in the vehicle, the charge is automatically enhanced to a state jail felony. This is true even if it is your first DWI offense.
  • Intoxication Assault: This occurs when you cause serious bodily injury to another person while operating a motor vehicle and are intoxicated. This is a Third-Degree Felony in Texas.
  • Intoxication Manslaughter: This is the most serious form of an aggravated DWI. If your intoxication causes a death, you can be charged with a Second-Degree Felony.
  • Repeat Offenses: A third or subsequent DWI offense is automatically a Third-Degree Felony in Texas. The penalties for repeat offenses escalate with each new charge.

While a blood alcohol concentration (BAC) of 0.15% or higher is not an automatic felony, it does enhance the penalties for a first-time DWI to a Class A misdemeanor, which carries a punishment range similar to that of some felony offenses

Additionally, if law enforcement finds an open alcohol container in your car during the stop, enhancements can apply.

It is a clear sign that the prosecution will be aggressive, making the need for a skilled aggravated DWI attorney in Odessa even more critical. Our team at Sarabia Law Firm is deeply familiar with these nuances and can use our knowledge to your advantage.

Penalties of Aggravated DWI Convictions in Texas

A conviction for aggravated DWI in Texas is a life-altering event. The penalties are severe and can follow you for the rest of your life. The moment you are charged, you face a threat to your freedom, finances, and personal reputation. Our firm's mission is to help you avoid these devastating consequences by providing an aggressive and thorough defense.

Direct Penalties:

  • Felony Conviction: A felony conviction is a permanent mark on your record that can affect everything from employment to housing.
  • State Jail Felony (DWI with Child Passenger): This can result in a sentence of 180 days to 2 years in a state jail facility and a fine of up to $10,000.
  • Third-Degree Felony (Intoxication Assault, Third DWI): This can result in a sentence of 2 to 10 years in a state prison and a fine of up to $10,000.
  • Second-Degree Felony (Intoxication Manslaughter): This can result in a sentence of 2 to 20 years in a state prison and a fine of up to $10,000.
  • Driver's License Suspension: Your license can be suspended for up to two years, and you will likely be required to install an Ignition Interlock Device (IID) upon reinstatement.
  • Annual Surcharges: The Texas Department of Public Safety (DPS) can impose significant annual surcharges for three years following a conviction, in addition to any court fines.

Collateral Consequences:

  • Employment: A felony record can make it nearly impossible to find or keep a job, especially in professions that require a professional license.
  • Housing: Landlords can and often do deny housing applications based on a criminal record.
  • Educational Opportunities: A felony conviction can jeopardize scholarships and admission to colleges and universities.
  • Civil Rights: You can lose your right to own a firearm.
  • Personal Reputation: The stigma of an aggravated DWI conviction can be devastating, affecting your relationships and standing in the community.

As your Odessa aggravated DWI lawyer, we are committed to fighting to protect you from both the direct and collateral consequences of a conviction. Our approach is to fight for a dismissal or acquittal, or to negotiate a reduction to a lesser charge that will not carry such severe penalties.

Take the First Step Towards Your Defense

Fill Out the Form Below to Get Started
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to receive text messages from Sarabia Law Firm at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy

Our Comprehensive Approach to Aggravated DWI Defense

Our firm’s approach to defending against aggravated DWI charges is built on a foundation of aggressive advocacy, thorough investigation, and a deep understanding of Texas law. We do not believe in a one-size-fits-all approach. Every case is unique, and our defense strategy is tailored to the specific facts and circumstances of your arrest.

Our comprehensive approach includes:

  • Challenging the Initial Stop: We will scrutinize the reason the police stopped your vehicle to ensure it was lawful. If there was no probable cause, we can file a motion to suppress all evidence collected after the stop.
  • Questioning Field Sobriety Tests: We will examine the administration of the Standardized Field Sobriety Tests (SFSTs) to determine if they were performed correctly. We can often argue that the tests were flawed or that other factors, such as medical conditions or weather, affected your performance.
  • Analyzing Chemical Test Results: The prosecution’s case often hinges on breath or blood test results. We will challenge the calibration of the testing equipment, the chain of custody of the sample, and the qualifications of the technician. We can often get this evidence excluded from court.
  • Investigating the Accident: For intoxication assault or manslaughter cases, we will work with independent experts to reconstruct the accident. We can introduce evidence that an outside factor, such as a road hazard or another driver’s negligence, caused the accident, not your intoxication.
  • Mitigating Circumstances: Even in cases where the evidence seems stacked against you, we will work to find mitigating factors that can lead to a reduced sentence or alternative sentencing options, such as probation or an alcohol rehabilitation program.

Our Commitment to Odessa & the Permian Basin

We have proudly served Odessa since 2016, and our team’s local roots help us deliver legal counsel and criminal defense that reflect the values and realities of our neighbors. Our attorneys have lived, worked, and built strong relationships throughout West Texas, allowing us to navigate not only the courts but also the community contexts that influence your case. 

At Sarabia Law Firm, we promise individualized service for every client. You are never just a file number or case to us—instead, we listen to your unique situation, goals, and concerns, building a plan tailored to your needs.

As aggravated DWI lawyers in Odessa, we will:

  • Free, No-Obligation Consultation: Listen to your side, review your circumstances, and outline your rights and legal options under Texas law.
  • Thorough Case Investigation: Examine all evidence, including police conduct, field sobriety tests, and any potential rights violations or mistakes in the process.
  • Personalized Defense Plan: Create a case strategy tailored to your situation, exploring opportunities to challenge charges, negotiate reductions, or seek diversion programs where possible.
  • Real-Time Client Communication: Use leading technology to ensure you are updated promptly and can reach our team easily so you always know what’s next.
  • Local Court Advocacy: Provide experienced representation before Ector County judges and in local proceedings, ensuring every court appearance is managed with preparation and poise.
  • Ongoing Support & Guidance: Help you navigate issues related to license reinstatement, employment, or court-mandated programs so you can focus on rebuilding.

Contact an Aggravated DWI Attorney in Odessa Today

If you’re facing aggravated DWI charges in Odessa or the surrounding Permian Basin, you don’t have to manage this challenge alone. At Sarabia Law Firm, we prioritize clarity, honest communication, and a defense strategy built around your unique situation. When you reach out for your free consultation, you’ll gain clear insight into your next steps—and receive personalized support from a team that truly understands Odessa courts and community standards. 

Call (432) 224-8036 or reach out online today to set up your confidential review and begin your path to a better outcome.

Take the First Step Towards Your Defense
When your future is on the line, we're here to help. Protect your rights by contacting us now for a free consultation: (432) 224-8036.

Frequently Asked Questions

What qualifies as an aggravated DWI in Odessa, TX?

An aggravated DWI typically means higher blood alcohol content, repeat DWI offenses, a child in your vehicle, causing injury, or added violations such as open container enhancements. Each factor can substantially increase penalties and influence how your case is handled.

Can I avoid jail time for an aggravated DWI?

Results depend on your prior record, the details of your charges, and current practices in Odessa courts. While jail is possible, alternatives such as probation or treatment programs may be available if pursued early with skilled legal guidance.

How quickly should I contact an attorney after an aggravated DWI arrest?

Contact a qualified aggravated DWI attorney in Odessa as soon as you are able. Acting quickly protects your rights, allows careful review of law enforcement actions, and gives you the best chance in administrative license proceedings, which can move fast.

Will an aggravated DWI affect my driver’s license in Texas?

Yes, aggravated DWI charges almost always trigger administrative license suspension, and you often have only a short window to request a hearing or appeal. A locally experienced aggravated DWI attorney in Odessa can help you respond to these deadlines and seek to preserve your driving privileges.

Are there resources to help with fees or fines for aggravated DWI charges?

Certain Odessa court programs may allow installment payments or reductions in fines depending on your circumstances and case details. Seeking advice from an aggravated DWI lawyer in Odessa ensures you know all your options for handling costs and penalties.

SCHEDULE A FREE CONSULTATION

Why Clients Choose Sarabia Law Firm

What Sets Our Team Apart?
  • Local Advocacy
    We are deeply rooted in your community and understand the local legal landscape. This enhances our ability to effectively represent you, as we are familiar with the nuances of the local courts and legal environment.
  • Comprehensive Support
    From start to finish, we guide you through the entire legal process with unwavering support.
  • Straightforward and Honest Representation
    At our firm, we prioritize transparency. Our goal is to equip you with the clear and actionable advice you need to navigate your legal challenges effectively.
  • Free Consultations
    Take the first step toward a strong defense with our free consultation, providing personalized legal advice and a strategic plan tailored to your unique situation at no cost.

Get in Touch

Reach Out to Schedule Your Free Consultation

A member of our team will be in touch shortly to confirm your contact details or address questions you may have.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to receive text messages from Sarabia Law Firm at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy