In the state of New York, drunk driving charges are called "Driving While Intoxicated", or DWI. Normal DWI charges are filed when a person has been found to be driving with a blood alcohol content (BAC) of over .08. However, aggravated DWI charges may result if the person has been found to have a BAC of 0.18 or higher. These are more serious charges that result in greater legal consequences than normal DWI charges.
The reasoning behind this is that studies show that a person’s response time and reactions become more and more impaired as their BAC gets higher. Thus, New York and other states impose greater legal consequences for aggravated drunk driving cases.
Normal DWI charges may land a person fines ranging from $500-$1,000, as well as a license suspension of 6 months to a year. However, aggravated DWI charges in New York may involve penalties such as:
First-time aggravated DWI charges are normally filed as misdemeanors. A second aggravated DWI conviction is filed as a felony charge, and may result in increased penalties. For instance, the person’s license may be revoked for 18 months instead of one year.
Also, recent New York laws have made it more difficult to obtain plea bargain deals for first and second-time aggravated DWI charges. Lastly, refusing to take a DWI test (such as a breathalyzer test or chemical test) can result cause problems for the defendant. Various defenses may be available in any DWI case, such as involuntary intoxication, faults with testing procedures, and other factors.
New York laws on aggravated DWI charges can often result in some very strict penalties. It may be in your best interests to hire a qualified criminal lawyer if you need help with any of the drunk driving lawyers in your area. An experienced attorney can help determine whether any defenses apply to your case, and whether your charges can be lowered. Also, your attorney can be on hand to guide you through the court process.
Last Modified: 11-08-2016 10:00 AM PSTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.