If you’ve been charged with an aggravated DWI (Driving While Intoxicated), it is critical that you understand the seriousness of the laws and penalties associated with an aggravated DWI in New York. According to New York Vehicle and Traffic Law § 1192.2, you can be charged with an aggravated DWI if you are caught driving under any of the following circumstances:
- With a blood alcohol content (BAC) of over .18%
- With a child who is under 15 years old
A BAC of .18% is over twice the legal limit of .08%. The laws for aggravated DWIs in New York carry enhanced penalties as compared to a basic DWI charge, and those laws also restrict the prosecutor’s ability to offer the defendant plea bargains.
Is an Aggravated DWI a Misdemeanor or a Felony?
It depends. A person who commits an aggravated DWI with no prior DWI convictions will likely be charged with a misdemeanor aggravated DWI. A misdemeanor aggravated DWI can carry the following penalties:
- Up to 1 year incarceration
- Up to 3 years of probation
- No less than $1,000 and up to $2,500 in fines
- 1 year of license revocation
- Victim Impact Panel attendance
- $250/year assessment to DMV for 3 years
- $395 court surcharge
However, if a driver has previously been convicted of an aggravated DWI in the 10 years preceding an additional aggravated DWI charge, the subsequent aggravated DWI will be charged as a felony. If, for instance, you are charged with a second-offense felony aggravated DWI, you will likely face the following penalties:
- Up to 4 years incarceration
- Up to 3 years of probation
- No less than $1,000 and up to $5,000 fine
- 18 months license revocation
- Victim Impact Panel attendance
- $250/year assessment to DMV for 3 years
- $395 court surcharge
The class of felony and associated penalties will be more severe if you are convicted of any additional aggravated DWIs. For instance, a third offense conviction will result in a prison sentence of up to 7 years and a fine of up to $10,000.
Defending Against Aggravated DWI Charges
New York law limits the district attorney’s discretion to reduce the charges to a basic DWI. So, if you are charged with an aggravated DWI, it is critical that you hire an experienced DWI defense attorney to protect your rights. Your lawyer may try to challenge the BAC test results or argue that the aggravating factors were otherwise not present or were not properly established by law enforcement.
At Collins Gann McCloskey & Barry PLLC, we understand how serious and frightening an aggravated DWI charge can be. We are experienced with defending against aggravated DWI charges and can navigated the complex nuances of the law. We can use that experience to create a strategic defense to help ensure the best possible outcome for you.
If you have been charged with an aggravated DWI, contact us online or call us at (516) 218-5131 to schedule a consultation.