FORMER PROSECUTOR DEFENDING ALCOHOL AND DRUG RELATED ARRESTS!
DWI, Drugs & Alcohol Defense Attorney
Penalties for Aggravated Driving While Intoxicated (AGG DWI)
Offense Mandatory Fine Maximum Jail Term
Aggravated Driving While Intoxicated (AGG DWI) $1,000 - $2,500 1 year
Second AGG DWI in 10 years (E felony) $1,000 - $5,000 4 years
Third AGG DWI in 10 years (D felony) $2,000 - $10,000 7 years
The penalties may be higher for an aggravated DWI, however, if it charged as a misdemeanor it does not raise the level of offense to a felony. Prior convictions of alcohol-related offenses (other than DWAI; a violation and not a crime) will affect future DWI related offenses. Additional penalties include:
Enhanced NYS DMV penalties for multiple alcohol or drug offenses within the past twenty-five year period;
Three or more alcohol or drug-related convictions (or refusals) within the past ten years may now result in permanent revocation of one's driving privilege; and
A motorist with an Aggravated Driving While Intoxicated conviction within the past ten years shall receive a min. eighteen month revocation if convicted of DWI, DWAI/Drugs or DWAI/Combination. Also, a driver with a prior DWI, Aggravated DWI, DWAI/Drugs or DWAI/Combination with the prior 10 years may be convicted of a felony and shall receive a minimum 18-month revocation (likely longer or may need the permission of a probation officer or the sentencing court to reapply).
While the District Attorneys Office will be less likely to deal as favorably on an aggravated charge as with they might on lesser intoxicated offenses, it is not hopeless. We possess the skills needed to help you make the right decisions in your case. Unfortunately, in many respects the effects of an aggravated DWI can permanent. Not only can it saddle you with a criminal record and a license revocation, it often can adversely affect current or future employment.
Choosing the right attorney can ensure that you get the quality representation you need and professional service you deserve!
VTL §1192. Operating a motor vehicle while under the influence of alcohol or drugs.
2-a. Aggravated driving while intoxicated. (a) Per se. No person shall operate a motor vehicle while such person has .18 of one per centum or more by weight of alcohol in such person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva made pursuant to the provisions of section eleven hundred ninety-four of this article.