A DWI in New York is a serious offense, but an Aggravated DWI takes it to a whole new level. If you’re facing these charges, you need to understand the increased severity and the potential consequences. Let’s delve into what constitutes an Aggravated DWI and what you should do if you’re accused.
What is Aggravated DWI?
In New York, Aggravated DWI occurs when your Blood Alcohol Content (BAC) is 0.18% or higher. This significantly higher threshold indicates a severe level of intoxication and triggers harsher penalties. It’s important to note that even a standard DWI, with a BAC of 0.08%, is a serious offense, but an Aggravated DWI demonstrates a significantly higher level of impairment.
Why is it Considered “Aggravated”?
The “aggravated” designation signifies that the offense is more severe due to the extremely high BAC. This heightened level of intoxication presents a greater risk to public safety and warrants stricter penalties.
The Severe Consequences of an Aggravated DWI
An Aggravated DWI conviction carries significantly harsher penalties than a standard DWI. These may include:
- Increased Fines: Expect substantially higher fines than those imposed for a regular DWI.
- Extended Jail Time: Jail sentences are more likely and longer for Aggravated DWI convictions.
- Prolonged License Revocation: Your driver’s license may be revoked for an extended period, leading to significant disruption in your life.
- Mandatory Ignition Interlock Device: You will almost certainly be required to install an ignition interlock device for a longer duration.
- Mandatory Alcohol Treatment Programs: More intensive and longer alcohol treatment programs may be mandated.
- Felony Charges: In some cases, particularly with repeat offenses or aggravating circumstances, Aggravated DWI can result in felony charges.
Factors That Can Lead to Aggravated DWI Charges
Besides a BAC of 0.18% or higher, other factors can contribute to Aggravated DWI charges:
- Repeat DWI offenses
- Driving with a revoked or suspended license
- Involvement in an accident causing serious injury or death
- Having a minor in the vehicle at the time of the offense
It is important to understand that even if you have a lower BAC, other factors can increase the severity of your DWI charge. For example, if you refuse a chemical test, or if you are under the zero tolerance law, you may face increased penalties. It is also important to understand the differences between a standard DWI, DWAI/Alcohol, DWAI/Drug, and DWAI/Combination charges.
Building a Defense Against Aggravated DWI
Facing Aggravated DWI charges can be daunting. However, a skilled attorney can help you build a strong defense. Potential defense strategies may include:
- Challenging the accuracy of the BAC test
- Questioning the legality of the traffic stop
- Presenting evidence of mitigating circumstances
Why Choose James Medows?
James Medows is a dedicated New York traffic lawyer with extensive experience in handling Aggravated DWI cases. He understands the complexities of these charges and can provide you with the aggressive representation you need. He is also experienced in handling out of state DWI cases.
Don’t Face Aggravated DWI Alone
An Aggravated DWI conviction can have severe and long-lasting consequences. Contact James Medows today for a consultation and let him help you protect your rights and your future.