Aggravated DWI is a more serious charge than a regular DWI in New York State. It is defined as driving with a blood alcohol content (BAC) of 0.18% or higher. The legal limit for drivers 21 years of age and older is 0.08%. So, an aggravated DWI charge means that the driver was twice over the legal limit.

The penalties for a first offense aggravated DWI in New York State are:

• A fine of $1,000 to $2,500
• A mandatory one-year driver’s license revocation
• Installation of an ignition interlock device (IID) for at least one year
• Up to one year in jail

The penalties increase for subsequent aggravated DWI offenses. For example, a second aggravated DWI offense within 10 years is a Class E felony, which carries a possible sentence of up to four years in prison and a fine of up to $5,000.

There are other factors that can aggravate a DWI charge in New York State, such as:

• Driving with a child under the age of 15 in the car
• Causing an accident while driving drunk
• Driving with a BAC of 0.25% or higher
• Refusing to take a chemical test

Here are some additional things to keep in mind about aggravated DWI in New York State:

• The prosecution must prove that your BAC was 0.18% or higher beyond a reasonable doubt.
• You have the right to refuse a chemical test, but if you do, your driver’s license will be automatically revoked for one year.
• You can be charged with aggravated DWI even if you are not visibly impaired.

The penalties for aggravated DWI in New York State depend on the number of prior offenses and the aggravating factors involved.

First offense:

• Fine of $1,000 to $2,500
• Mandatory one-year driver’s license revocation
• Installation of an ignition interlock device (IID) for at least one year
• Up to one year in jail

Second offense within 10 years:

• Class E felony, which carries a possible sentence of up to four years in prison and a fine of up to $5,000
• Mandatory one-year driver’s license revocation
• Installation of an IID for at least one year

Third offense within 10 years:

• Class D felony, which carries a possible sentence of up to seven years in prison and a fine of up to $10,000
• Mandatory one-year driver’s license revocation
• Installation of an IID for at least one year

The following are some of the aggravating factors that can increase the penalties for aggravated DWI in New York State:

• Driving with a child under the age of 15 in the car
• Causing an accident while driving drunk
• Driving with a BAC of 0.25% or higher
• Refusing to take a chemical test

Evaluating the Traffic Stop: The foundation of any Aggravated DWI defense begins with a thorough examination of the traffic stop. Was there probable cause to initiate the stop? Were the proper procedures followed by law enforcement? Any violations of the defendant’s Fourth Amendment rights can significantly impact the case’s validity.

Challenging Sobriety Tests: Aggravated DWI cases often involve field sobriety tests, which can be subjective and prone to human error. Our experienced attorneys meticulously scrutinize the administration of these tests to identify any inconsistencies or improper procedures that could undermine their reliability.

Questioning Chemical Tests: Chemical tests, such as breathalyzers, urine or blood tests, are crucial pieces of evidence in Aggravated DWI cases. However, these tests are not infallible. Our legal team will investigate whether the testing equipment was properly calibrated, maintained, and operated by certified personnel. If there are discrepancies, the validity of the test results can be called into question.

Medical Conditions and Prescription Medications: Some medical conditions and prescription medications can lead to impaired driving without the presence of alcohol or illegal drugs. Our defense strategy explores the possibility of a medical condition or medication affecting the defendant’s ability to operate a vehicle safely.

Constructing Alternative Explanations: We work closely with our clients to gather detailed accounts of the events leading up to their Aggravated DWI charge. By understanding the context and circumstances, we can build alternative explanations for their behavior that may not necessarily point to impairment.

Our legal team is well-versed in the nuanced laws of New York State, including its Aggravated DWI statutes and sentencing guidelines. Depending on the specifics of the case, we can pursue various legal avenues:

Negotiating Reductions: Through skillful negotiation, we aim to secure reductions in charges or penalties, such as obtaining a plea deal to a lesser offense or pursuing enrollment in a substance abuse education program.

Challenging Evidence in Court: If necessary, we are prepared to take the case to trial. Our experienced litigators will present a strong defense, cross-examine witnesses, and challenge evidence in court to achieve the best possible outcome.

Protecting Driving Privileges: Aggravated DWI convictions can result in the suspension or revocation of driving privileges. We will advocate for our clients to retain their driving rights whenever possible.

Facing an Aggravated DWI charge in New York State can be a daunting experience, but the DWI Team is dedicated to providing unwavering support and exceptional legal representation. Our extensive knowledge of the legal landscape, combined with our commitment to protecting clients’ rights, empowers us to construct robust defense strategies tailored to each unique case. From dissecting the traffic stop to challenging sobriety tests and negotiating favorable outcomes, we stand as the shield against Aggravated DWI charges, advocating for the best interests of our clients at every turn.

If you have any other questions, please contact us at info@dwiteam.com

Please note that laws and regulations can change over time, so it’s important to consult with a legal professional or refer to official sources for the most up-to-date information regarding Aggravated DWI in New York State.