New York takes drunk driving very seriously, with severe penalties for those convicted of Driving While Intoxicated (DWI). In fact, as of November 6, 2024, the NY DMV enacted changes to existing rules and introduced harsher punishments for violations. An Aggravated DWI charge under VTL §1192.2a(a) is even more serious, applying to drivers with a Blood Alcohol Content (BAC) of 0.18% or higher. This is more than twice the legal limit of 0.08%. Aggravated DWI charges carry harsher penalties and can have long-lasting consequences on your life, career, and driving privileges. Keep reading for more information from The New York Traffic Ticket Lawyers.
We Can Handle Your Aggravated DWI Case
If you’ve been charged with Aggravated DWI, you don’t have to face the legal system alone. The New York DWI Defense Lawyers can fight for your rights and work to minimize the impact of these charges on your life. We will develop a strong defense strategy to help you potentially reduce charges, avoid jail time, and protect your driving privileges. Contact us today to schedule a free consultation and learn more about how we can assist you.
New York VTL §1192.2a(a): Aggravated Driving While Intoxicated
Under New York law, a driver can be charged with Aggravated DWI if they operate a motor vehicle while having a BAC of 0.18% or higher. This elevated BAC level indicates a significantly impaired state, which the law treats as a more serious offense than a standard DWI.
The statute recognizes the increased danger posed by drivers with such high levels of intoxication. Police officers use breathalyzer tests and field sobriety tests to determine a driver’s level of impairment. However, these tests are not always accurate, and there may be room to challenge the results in court.
Penalties for Aggravated DWI
The penalties for Aggravated DWI in New York are severe and can have long-lasting consequences. Many individuals underestimate the importance of skilled legal representation, assuming it’s too costly. However, the potential savings in fines, fees, and long-term consequences far outweigh the cost of hiring an experienced attorney.
If convicted of Aggravated DWI, you may face the following penalties:
- Fines ranging from $1,000 to $2,500
- 11 points on your driver’s license
- Up to one year in jail
- Driver’s license revocation for at least one year
- Installation of an ignition interlock device in your vehicle for at least 12 months after license reinstatement
- Mandatory attendance at a Victim Impact Panel
- Mandatory participation in an alcohol and drug rehabilitation program
Additional Consequences
Criminal Record
An Aggravated DWI conviction results in a criminal record, which can affect your employment prospects, housing applications, and other aspects of your life.
Insurance Increases
A conviction for Aggravated DWI will likely lead to a significant increase in your auto insurance premiums. In many cases, rates can double or triple, and some insurance companies may even cancel your policy.
Professional License Impact
For those in professions requiring state licensure (such as doctors, lawyers, or teachers), an Aggravated DWI conviction could lead to disciplinary action or loss of professional licenses.
Defenses to an Aggravated DWI Charge
While Aggravated DWI charges are serious, there are several potential defenses that an experienced attorney can explore:
- Challenging the traffic stop: If the police didn’t have probable cause to pull you over, evidence from the stop might be inadmissible.
- Questioning BAC test accuracy: Breathalyzer and blood tests can be inaccurate due to various factors, including improper calibration or administration.
- Rising BAC defense: Your BAC may have been below 0.18% while driving but rose to that level by the time you were tested.
- Challenging field sobriety tests: These tests can be unreliable, especially if not administered correctly or if the subject has certain medical conditions.
- Violation of your rights: If police violated your constitutional rights during the arrest or investigation, some evidence may be thrown out.
Every case is unique, and the best defense strategy will depend on the specific circumstances of your arrest and the evidence against you.
Contact a Central New York Aggravated DWI Attorney Today!
If you or someone you know has been charged with Aggravated DWI under VTL §1192.2a(a), it’s crucial to seek experienced legal representation immediately. The New York DWI Defense Lawyers provide clients with excellent and assertive legal representation. Our law firm has successfully defended numerous DWI cases in Syracuse and throughout Central New York.
Don’t let an Aggravated DWI charge derail your life. Contact us to schedule your free initial consultation, and we will review your case at no cost, helping you understand your legal options and the best path forward.
