Aggravated DWI in NY

In New York, there is both Driving While Intoxicated (DWI) and Aggravated DWI.  What is the difference between these and what exactly is Aggravated DWI?

What is Aggravated DWI?

Aggravated DWI is a more serious form of DWI which has higher penalties and restrictions on plea-bargaining than regular DWI.  Drivers with a Blood Alcohol Content (BAC) of 0.18 or higher.  Regular DWI, by comparison, is a BAC of .08 or higher.

New York state enacted a new law that created the Aggravated DWI in VTL 1192.2-a.  It was enabled to strengthen DWI laws around more serious infractions of motor vehicle drivers.

Aggravated DWI Penalties

First Time Offense

For a first offense of Aggravated DWI, you could be facing:

  • One year license revocation
  • Fine between $1,000 and $2,500
  • Up to one year in jail
  • Attendance of a Victim Impact Panel
  • Installation Ignition Interlock Device on any car driven

The Victim Impact Panel is a drinking driver program that is a community-based program for victims that describes their experiences due to acts of drunken drivers.

The Ignition Interlock Device is a device fitted to the car that prevents drinking and driving of the vehicle.  To start the car, the driver then needs to breathe into the device to check the BAC in order to start the car.

Second Offense in 10 Years

A second Aggravated DWI within 10 years of a first offense is a class E felony and you could be facing:

  • At least a 18 month license suspension
  • Fine between $1,000 and $5,000
  • Up to four years in jail

Third Offense in 10 Years

A third Aggravated DWI within 10 years is a class D felony and you could be facing:

  • At least a 18 month license suspension
  • Fine between $2,000 and $10,000
  • Up to seven years in jail

Possible consequences of a DWI

Beyond the legal penalties, a DWI conviction can have many consequences that aren’t immediately noticed.  A DWI is permanent on your record and can affect your current or future employment possibilities.  If you drive for a living it is obvious you’ll need immediate representation but a DWI conviction may affect your current employment.  In a future job, the conviction may be grounds for denying you for a job opportunity.

Choosing the best DWI defense lawyer for your criminal defense  is your best course of action.

Consulting with an attorney about an Aggravated DWI

If you have been arrested and with a DWI charge or DUI charge, you should consult with a lawyer in your area.  If you are in the Rochester, NY area, consult with Wisner & Wisner LLP immediately.

Wisner & Wisner have been specialistics in DWI Defense for more than 18 years.  They are a team of defense attorneys with a combined experience of more than 65 years.