According to official reports, drunk driving fatalities and injuries have been steadily declining over the past decade or so. That being said, people continue to get behind the wheel while intoxicated on a fairly regular basis in the Empire State. This is a major concern across the United States, and offenders should be prosecuted for their actions.
That being said, it’s always important to enlist the help of a qualified criminal defense attorney, even if you are facing a serious DWI charge, such as an aggravated DWI. Everyone is entitled to proper legal representation, no matter what crime they are accused of. An experienced attorney can utilize a range of different strategies to fight an aggravated DWI charge in court, and these efforts will likely result in a more positive legal outcome.
What is an Aggravated DWI?
In New York, the legal definition of an aggravated DWI is relatively straightforward. Those who have a Blood Alcohol Content of over .18 are guilty of this crime. This is more than double the legal limit, as a “normal” DWI occurs when you have a BAC of just .018. If you are caught behind the wheel with a BAC of over .18, it is assumed that you are a serious danger to yourself and other people on the road.
What is the Penalty for an Aggravated DWI?
If you are found guilty of an aggravated DWI, you face serious legal consequences. There is a mandatory fine of at least $1,000, and this fine can be increased to a maximum amount of $2,500. In addition, you face a maximum jail term of one year and a revoked license for at least one year. But that’s just if it’s your first offense. Much more serious penalties are associated with subsequent offenses:
- Second Aggravated DUI: A second aggravated DUI within 10 years is a class E felony. You will face a fine of $1,000-$5,000, a jail term of up to four years, and a revoked license for 18 months.
- Third Aggravated DUI: A third aggravated DUI within 10 years is a class D felony. You will face a fine of $2,000-$10,000, a jail term of up to 7 years, and a revoked license for 18 months.
How to Fight an Aggravated DWI Charge in New York
Fighting an aggravated DWI Charge in New York courts can be difficult, as new rules have made plea bargains and other tactics impossible. An experienced attorney may be able to call into question the validity of the evidence presented by the prosecution. For example, your attorney may attempt to prove that the blood test results are unreliable and inadmissible.
Getting Legal Help
If you’re facing an aggravated DWI charge in New York, reach out to Darren DeUrso, Attorney at Law today.
Darren DeUrso, Attorney at Law
188 East Post Road, Suite 300
White Plains, NY 10601
Phone: (914) 772-8614