Aggravated DWI

A More Serious Drunk Driving Charge: Get The Help Of A New York City Lawyer

Most people know that BAC limit for adult drivers in the state of New York is .08 percent. Many do not understand, though, that DWI laws designate another level of severity when it comes to drunk driving offenses: Anyone who is pulled over for suspected driving under the influence and has blood alcohol content level of .18 percent or higher will be subject to aggravated DWI charges.

Aggravated DWI is a serious charge that can carry more severe punishments than a first DWI offense. Given the potential penalties involved, it’s important for you to do everything possible to contest heightened driving charges.

Penalties For Aggravated DWI

Under New York law, aggravated DWI is a very serious offense that is punished accordingly. The precise penalties that a person may face for having a heightened BAC, however, are not uniform. Rather, the circumstances of a particular case will help a court to determine punishments. The most significant factor in making these determinations is the number of previous DWI offenses.

Aggravated DWI penalties may include:

• If a charge represents a first DWI offense, a person may be subject to a fine ranging from $1,000 to $2,500. This offense can also lead to jail time of up to one year. Additionally, drivers may lose driving privileges for up to one year.
• When aggravated DWI charges are filed on a second drunk driving offense, a Class E felony may result. Fines ranging from $1,000 to $5,000 may be issued by the state. A person may face jail time of up to four years, with the law requiring five days served or 30 days of community service if a repeat offense occurs within five years of the first conviction. A driver’s license may also be suspended for up to 18 months or until age 21 for defendants under the legal drinking age.
• If an aggravated DWI is charged on a third intoxicated driving offense within 10 years, it is considered a Class D felony. Minimum fines will start at $2,000 and can go up to $10,000. License revocation will start at 18 months for drivers over 21 years old. If you are under 21, you will lose your license for at least 18 months or until your 21st birthday.

Clearly, an aggravated DWI represents a grave threat to a person’s livelihood. With financial damages, suspended driving privileges and a loss of one’s freedom hanging in the balance, it’s important to respond in a constructive way to these charges.
 

Finding Legal Help After A DWI

If you are facing aggravated DWI charges, you are likely worried about the severity of the penalties you may face if convicted. Fortunately, you don’t have to simply accept a conviction after the state charges you. Any number of effective DWI defense strategies may be help in  getting the charges against you dismissed or your penalties reduced.

Contacting an attorney is an important first step in defending yourself against an aggravated DWI charge. This legal professional has a thorough understanding of intoxicated driving laws and is familiar with the defense strategies commonly employed in courts for individuals charged with drunk driving.