New York Aggravated DWI

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There have been several key pieces of legislation to New York’s Driving While Intoxicated (DWI).

One of the more recent is the enactment in 2006 of a law regarding Aggravated DWI.

While a blood alcohol content (BAC) of .08 will get you a DWI charge, if you are a repeat offender or register a BAC at or above .18, you will be facing the more serious charge of Aggravated DWI.

What happens when you are pulled over?

The police look for signs of drunk driving.

Typically, vehicles are pulled over when the driver is displaying behaviors such as:

      • Weaving or crossing lanes
      • Driving either too fast or too slow
      • No headlights on at night
      • Running stop lights or stop signs
      • Driving on the wrong side of the road

Once you are stopped, the officer will look for evidence of intoxication, such as alcohol on your breath or slurred speech.

If they suspect you are driving under the influence, you are required to submit to a field sobriety test or a breathalyzer test, which can detect trace amounts of alcohol.

In New York, as in many other states, when you are granted a drivers license you have given “implied consent” to submit to a breathalyzer or other chemical test.

Refusing to take the test means automatic license suspension—even if you are later found not guilty of the Aggravated DWI charge.

Penalties for Aggravated DWI

The penalties for Aggravated DWI are severe. If your BAC is .18 or above and this is your first drunk-driving offense, you will be charged with a misdemeanor.

That doesn’t mean you’ll get off with a slap on the wrist.

Penalties for an Aggravated DWI misdemeanor include:

      • A mandatory fine of $1,000 to $2,500
      • Up to one year in jail
      • License revoked for at least one year

In addition to the penalties listed, there is also a probationary period of three years.

Additionally, you will be required to attend a Victim Impact Panel, an awareness program for those convicted of a DWI in which they will hear the personal stories of those harmed by a drunk driver, and how it changed their lives.

The cost of this mandatory program is $100.

If you’ve been charged with an Aggravated DWI, contact one of our experienced Yonkers DWI attorneys

We are prepared to make sure that you get the advocacy you need to protect your freedom and your ability to drive.

Neither the police nor breathalyzer tests are infallible and there is so much at stake if you are convicted of an Aggravated DWI in Yonkers, the Bronx or in Westchester, Rockland, Dutchess, Putnam, Orange or Ulster counties.

To schedule a consultation to discuss your case and learn more about your options, please contact us online or call our office at (914) 968-5800.