If you think you have a clear defense to beat the DWI charges, it is extremely important to speak with a DWI defense lawyer in Rochester who can analyze the particular facts of your case. Section 2-a of New York's Vehicle and Traffic Law addresses the crime of aggravated driving while intoxicated. Read More: What is Leandra's Law? These are waiting periods that are applied to applications for relicensure, and are in addition to any revocation period. If there is enough doubt cast over the strength of the DWI case against you, prosecutors may not want to risk going to trial and risk losing and so they opt to have the charges against you dropped instead. DWI is a misdemeanor, conviction of which will result in a lifetime criminal record. You will be more likely to be offered a plea bargain if there are no aggravating factors associated with your cases, such as a prior DWI arrest, high blood alcohol level, or an accident, to name a few. The defendant consented to a breathalyzer test, which revealed a BAC of 0.19%. Regular DWI, by comparison, is a BAC of .08 or higher. In the case of a DWI versus a DWAI, avoiding a criminal record can be extremely important. Among the qualities of a criminal defense attorney is a connection with the local legal community. The good news is that, if you have been charged with a DWI, you may be eligible for a reduction in the charge level or, in some instances, have the charges dropped completely. In some cases, you may be able to get your DWI charge dropped altogether. DBA "King Law: A Criminal Defense & Personal Injury Firm". If that is the case, DMV will not relicense you until you submit proof that this condition of probation has been removed; 10 days in jail or 60 days of community service; You must install an ignition interlock device in each motor vehicle you own or operate; during the license revocation period and upon the termination of such revocation period, for an additional period as determined by the Court; You must receive an alcohol or substance abuse assessment, which may result in the imposition of treatment as a condition of a sentence of probation or conditional discharge. The results of the test are admissible in court and can be used as evidence to prove that the driver was driving with a BAC of .18 or higher. Legal Beagle: Second Conviction or DWI Offense: New York DUI/DWI Guide, Legal Beagle: What is Leandra's Law? DWAI-Drugs - Suspended for at least six months, Second DWI/DWAI-Drug violation in 10 years (E felony), Third DWI/DWAI-Drug violation in 10 years (D felony), Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination), Second DWAI/Combination in 10 years (E felony), Third DWAI/Combination in 10 years (D felony), Driving While Ability Impaired by Alcohol (DWAI), Third or subsequent DWAI within 10 years (Misdemeanor), $125 civil penalty and $100 fee to terminate suspension, $125 civil penalty and $100 re-application fee, $500 civil penalty ($550 for commercial drivers), Revoked for at least one year, 18 months for commercial drivers, Chemical Test Refusal within five years of a previous DWI-related charge/Chemical Test Refusal, Revoked for at least 18 months, one-year or until age 21 for drivers under age 21, permanent CDL revocation for commercial drivers, Chemical Test Refusal - Zero Tolerance Law, $300 civil penalty and $100 re-application fee, Chemical Test Refusal - Second or subsequent Zero Tolerance Law, $750 civil penalty and $100 re-application fee, Driving Under the Influence (Out-of-State), Revoked for at least 90 days. While a DWAI conviction can still result in a short jail term and a monetary fine, it will not result in you having a criminal record. Nothing on this site should be taken as legal advice for any individual case or situation. What Are the DWI/DUI Penalties in New York State? New York State Vehicle Traffic Law | Guide to Penalties for Alcohol or Drug-Related Violations in New York. . NYS DWI Penalties | New York DUI/DWI Laws, Penalties, Fines By contrast, DWI, DWAI Drugs and DWAI Combined Influence are crimes. Contact us today. If you are convicted of Aggravated DWI as a first offense, you face the following potential consequences: You may be eligible for the Impaired Driver Program and a conditional license. New York Department of Motor Vehicles: Penalties for Alcohol or Drug-related Violations, New York Department of Motor Vehicles: Penalties for Multiple Offenders, New York Department of Motor Vehicles: You and the Drinking Driving Laws, New York Vehicle and Traffic Laws Section 1192, New York Vehicle and Traffic Laws Section 1194, Legal Beagle: Felony DWI in New York State: What to Expect, Laws & Penalties, Legal Beagle: New York State's Zero Tolerance Law: DWI Violations & Consequences. Is there any way for me to reduce the charges against me? This is commonly referred to as a "per se" DWI offense because the law establishes a legal presumption that the driver is intoxicated if their BAC is .18 or higher, regardless of whether or not they were actually impaired. Our aim is to put this episode behind you with the least criminal penalties, license . An aggressive Rochester DWI defense attorney can assess the facts of your case and help you to determine what your options might be. We represent clients in Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County, Westchester County, and Suffolk County. New York Aggravated DWI | NY Drunk Driving Defense Lawyer Stephen Bilkis & Associates. Fax: (518) 456-6056 Legal Beagle: How Long Does a DUI Stay on Your Record in New York? var gform;gform||(document.addEventListener("gform_main_scripts_loaded",function(){gform.scriptsLoaded=!0}),window.addEventListener("DOMContentLoaded",function(){gform.domLoaded=!0}),gform={domLoaded:!1,scriptsLoaded:!1,initializeOnLoaded:function(o){gform.domLoaded&&gform.scriptsLoaded?o():!gform.domLoaded&&gform.scriptsLoaded?window.addEventListener("DOMContentLoaded",o):document.addEventListener("gform_main_scripts_loaded",o)},hooks:{action:{},filter:{}},addAction:function(o,n,r,t){gform.addHook("action",o,n,r,t)},addFilter:function(o,n,r,t){gform.addHook("filter",o,n,r,t)},doAction:function(o){gform.doHook("action",o,arguments)},applyFilters:function(o){return gform.doHook("filter",o,arguments)},removeAction:function(o,n){gform.removeHook("action",o,n)},removeFilter:function(o,n,r){gform.removeHook("filter",o,n,r)},addHook:function(o,n,r,t,i){null==gform.hooks[o][n]&&(gform.hooks[o][n]=[]);var e=gform.hooks[o][n];null==i&&(i=n+"_"+e.length),gform.hooks[o][n].push({tag:i,callable:r,priority:t=null==t?10:t})},doHook:function(n,o,r){var t;if(r=Array.prototype.slice.call(r,1),null!=gform.hooks[n][o]&&((o=gform.hooks[n][o]).sort(function(o,n){return o.priority-n.priority}),o.forEach(function(o){"function"!=typeof(t=o.callable)&&(t=window[t]),"action"==n?t.apply(null,r):r[0]=t.apply(null,r)})),"filter"==n)return r[0]},removeHook:function(o,n,t,i){var r;null!=gform.hooks[o][n]&&(r=(r=gform.hooks[o][n]).filter(function(o,n,r){return!! Nothing on this site should be taken as legal advice for any individual case or situation. This is commonly referred to as a "per se" DWI offense because the law establishes a legal presumption that the driver is intoxicated if their BAC is .18 or higher, regardless of whether or not they were actually impaired. At Larkin Ingrassia, LLP, our attorneys routinely take cases of aggravated DWI to trial and have successfully defended hundreds of clients in these matters. DWAI is a traffic infraction not a crime. Read More: What Are the DWI/DUI Penalties in New York State? This enhanced Driving While Intoxicated or Driving Under the Influence misdemeanor involves a BAC of .18 or greater and exposes you to far more significant penalties at your sentencing. However, while such an offer is common, it is by no means assured. This field is for validation purposes and should be left unchanged. Finding yourself on the defending end of a DWI charge can be an expensive, time-consuming hassle, but it can easily be prevented simply by educating yourself about the laws you are up against. If you find yourself faced with an aggravated DWI or one of its lesser counterparts, you should get in touch with a New York DWI lawyer right away. In addition to or instead of a jail sentence, the court can impose a fine of $500 to $1,000. Some of our lawyers and / or cases and / or clients in whole or in part have been seen on these media outlets. This is more than twice the legal limit of .08 BAC for a regular DWI. Aggravated DWI penalties in New York - JQ Auricchio, Esq. Middletown, NY 10940, 233 Fair Street, Suite 1 New York Aggravated DWI - All You Need To Know - East Coast Laws Robert King Law Firm values his expertisein the medical field. This article will take a look at whats involved in a DWAI charge (as opposed to a more severe DWI/DUI) and how you might be able to get the plea deal process started. Albany, New York 12203, Phone: (518) 456-6456 In other scenarios, you may have strong evidence that the blood sample you provided and that showed a blood alcohol concentration of 0.08 percent or higher, was tainted. First Conviction 210 Great Oaks Boulevard Read More: New York State's Zero Tolerance Law: DWI Violations & Consequences. 1311 Mamaroneck Ave Suite 340 White Plains, NY 10605 . Drivers with a Blood Alcohol Content (BAC) of 0.18 or higher. We work to serve the best interests of our clients and that includes fighting all criminal charges they face. Penalties for a DUI/DWI in New York. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Under this section, there are two separate offenses: driving with a blood alcohol concentration (BAC) of .18 or higher and driving with a child age 15 or younger in the vehicle. What is an Aggravated DWI in Queens, NY? - Sullivan & Galleshaw, LLP In New York, this is a Class E felony punishable by up to four years in jail. The most serious offense, this charge is applied to drivers who have a BAC of .18 and higher. What is Aggravated DWI? Call us at 845-566-5345 or contact us online for a free DWI consultation today. National College for DUI Defense ("NCDD").*. It is common for a person charged with DWI for the first time to receive a plea bargain offer reducing the charge to DWAI. A driver with an Aggravated DWI violation conviction within the prior 10 years will receive a minimum 18-month revocation if convicted of DWI, DWAI/Drugs or DWAI/Combination. DWI Penalties in New York - Peter Gerstenzang Aggravated Driving While Intoxicated (AGG-DWI). In short, many DWI cases are reduced or dismissed every year, and it is certainly possible to seek a dismissal of the charges against you, a reduction in the charges, or even entrance into a diversionary program. It goes without saying that you should never accept a plea agreement if you are innocent of the DWI charge. It is important to note that these regulations do not affect revocation periods that are imposed by statute or by other regulation. The penalties for AGG-DWI vary based on your prior DWI record and are as follows: - First offense - This is a misdemeanor charge that carries a fine of $1000-2500 and up to one year in jail. The penalty for a third aggravated DWI conviction is up to four years in prison; up to five years supervised probation; a fine between $2,000 and $10,000; court fees of about $400; and the requirement to pay a driver responsibility assessment of at least $250 a year for three years. Our attorneys represent local, out-of-town and out-of-state drivers arrested for aggravated DWI and other drunk driving offenses on Interstates I-87 (NYS Thruway) or I-84, U.S. Route 9W, the Palisades Interstate Parkway, State Routes 6, 17 (86) or 59, and on other Hudson Valley roadways. Contacting us does not create an attorney-client relationship. 13202, document.write(new Date().getFullYear()) CDH Law PLLC Motorists that are defined as dangerous repeat alcohol or drug offenders are subject to lifetime denial of relicensure. The Prompt Suspension Law provides that a court, pending prosecution, shall suspend the driver's license, of any person charged with driving while intoxicated, aggravated driving while intoxicated, or driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs who, at the time of arrest, is alleged to have had a BAC of .08% or higher as shown by . Aggravated DWI is a misdemeanor. Jail sentences can again be up to seven years. You should consult an attorney for advice regarding your individual situation. Aggravated Per Se DWI: NY VTL 1192.2(2-a) | New York DUI Lawyers Felonies are classified as violent or non-violent. In addition, the ignition interlock device requirement is not applicable. A fine of between $2,000 and $10,000, up to 7 years in state prison, or both; Revocation of your drivers license for at least 18 months. This means that, in addition to a reduction in the severity of the potential penalties, you will not have anything end up on your criminal record. Diversion programs are typically for first-time offenders. Regardless of the severe consequences outlined below, a lawyer might be able to mount an effective defense so the charges can be decreased or even dismissed. In many cases, when the charges are reduced, the defendant will need to plead guilty to the lesser offense. But if you were intoxicated by alcohol, or impaired by drugs when you drove, you should consider talking to your attorney about your plea bargain options. Additionally, the driver may face additional charges for endangering the welfare of a child or other related offenses. A fine of between $750 and $1,500, up to 180 days in jail, or both; A period of probation of 3 years; Mandatory revocation of your drivers license for at least 6 months. In this case, the defendant was charged with aggravated DWI under 2-a(b) after being pulled over for failing to maintain her lane. Last Updated on Monday, 21 September 2020 20:03, Please prove you are human by selecting the, Felony Offenses of DWI, Aggravated DWI, DWAI Drugs, or DWAI Combined Influence, Important Recent Changes to New Yorks DWI Laws. Second Conviction or DWI Offense: New York DUI/DWI Guide, First Offense or Conviction: New York DUI/DWI Guide. You should consult an attorney for advice regarding your individual situation. One of the most common myths in DWI law is that a desired plea bargain cannot be achieved because the law prohibits it. Our firm will work with you from the arraignment all the way through the trial. This is simply not the case. This site strives to publish the current laws; however, official reporters should be consulted for the most up-to-date statutory language. A third DWI within 10 years is a Class D felony, according to New York Vehicle and Traffic Law (VTL) 1192(3). A third or subsequent aggravated DWI within 10 years is a third offense of driving with a BAC of 0.18 percent or above. Kelly Peterson is the Department Chair of Criminal Investigations at the State University of New York, Canton and holds a Ph.D in Public Safety with a concentration in Criminal Justice. This is indicated by specific "aggravating influences". (null!=i&&i!=o.tag||null!=t&&t!=o.priority)}),gform.hooks[o][n]=r)}}); The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship.