Aggravated Driving While Intoxicated can be either a misdemeanor or a felony, depending on the circumstances of the case. A misdemeanor-level charge of aggravated driving while intoxicated would occur if you were operating a motor vehicle in an intoxicated condition and your blood alcohol concentration was 0.18% or more at the time of your operation of that vehicle.
When a person hits a 0.18% blood alcohol concentration level, it is immediately considered aggravated DWI. While it remains a misdemeanor-level offense, it does provoke enhanced fines and other enhanced penalties, such as a driver’s license being revoked for an increased period of time. The period of revocation is normally six months under a regular DWI offense, but that period is lengthened to least a year in the case of an aggravated DWI.
An aggravated DWI can be charged as a felony under circumstances in which a person is operating a motor vehicle in an intoxicated condition and there is a passenger under the age of 16 years in the vehicle at the time.
How Does A DUI Or A DWI In New York State Affect My Out-Of-State Driver’s License?
A DUI or DWAI can affect any type of license. However, the effects are by a state-by-state specific proposition.
The manner with which your driver’s license is impacted will depend on the state in which the license was issued. In any case, a conviction for a DWI in New York State will typically impact an out-of-state driver’s license in some fashion.
Typically, once a DWI conviction occurs in New York State, the Department of Motor Vehicles enters that conviction into the National Database Registry. This allows the Department of Motor Vehicles in any other state to be alerted to the conviction.
Once alerted to a DWI conviction, the state that issued your driver’s license will determine how they will address that conviction which occurred in another state by its own rules, regulations, and laws. The Department of Motor Vehicles in the state that issued your license will address the matter regardless of which state you reside in.
Typically, these penalties result in the suspension or revocation of a license, or a mandate to install an ignition interlock device in your vehicle.
Will I Go To Jail With The First-Time DWI Or DUI In New York State?
Whether or not you go to jail the first time you are convicted of a DUI depends on a variety of factors.
It is generally uncommon for a person to go to jail for a DUI, though it is possible and does occasionally occur. The outcome of this always depends on many factors and includes the circumstances or aggravated circumstances of any individual case.
The biggest determining components have to do with whether or not there was a person aged 15 or younger in the vehicle, whether or not anyone was seriously injured or killed in connection with your DUI, whether or not this is your first DUI offense, and which county your arrest occurred in.
There are 62 counties in New York State, so there are a variety of different judges that your case may be brought before, or the particular prosecutor’s office in a given county. There are many individual factors and components that come into play concerning whether or not you can or will go to jail for a first-time DWI offense in New York State.
For more information on DUI In New York, a Complimentary consultation is your next best step. Get the information and legal answers you are seeking by calling (845) 533-0265 today.