Aggravated DWI - .18 BAC

If you arrested in New York for DWI or DUI and you "blow" .18 or more on the intoxilyzer, you will be charged with the misdemeanor crime of Aggravated DWI pursuant to VTL 1192.2-a. Make no mistake. You will need the assistance of an experienced New York DWI lawyer if you are charged with Aggravated DWI. Although a misdemeanor, Aggravated Driving While Intoxicated is a more serious offense than the misdemeanors of VTL 1192.2 (.08 or higher) and VTL 1192.3 (Refusal DWI). In fact, not only are the enhanced punishments serious, but prosecutors are limited in their ability to offer you the non-criminal infraction of VTL 1192.1. In other words, the best possible offer from an assistant district attorney, barring dismissal of the Aggravated DWI or an acquittal at trial, is another misdemeanor.

Should you be convicted of VTL 1192.2(2-a), the following penalties and punishments are possible:

  • Up to one year in jail
  • Probation for up to three years
  • A fine no less than $1,000 and up to $2,5000
  • A one year license revocation
  • Attendance at a Victim Impact Panel

Other non-criminal penalties include:

  • A $250 per year assessment through the DMV for three years
  • A $395 surcharge in court

In the event you are convicted a second time for Aggravated DWI in New York, your attorney will certainly need to diligently and zealously advocate as jail will likely be part of any sentence. Moreover, your license revocation will be eighteen months as opposed to one year.

As of August 2010, a conviction for any misdemeanor DWI crime in New York, including Aggravated DWI, requires the added penalty of installation of an ignition interlock device on your vehicle. The burden and costs to install and monitor the ignition interlock device is yours.

Call the New York Aggravated DWI defense attorneys and former Manhattan prosecutors at (212) 312-7129 or contact us online today.

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