What Happens When You’re Charged With Aggravated DWI In New York?

Aggravated Driving While Intoxicated (DWI) in New York State – Understanding the Charges and Consequences

Introduction to Aggravated DWI in New York

Driving While Intoxicated (DWI) is a serious offense in New York State, but when certain aggravating factors are present, the charge can escalate to Aggravated DWI. Attorney Randall Innis explains in this video how aggravated DWI differs from standard DWI and the potential legal consequences.

Aggravated DWI charges can carry severe penalties, including extended license revocation periods, higher fines, and possible felony classification. This distinction is particularly relevant in Dutchess County and other jurisdictions across New York.

Legal Definition and Classification of Aggravated DWI

Under New York State law, Aggravated DWI is defined under Vehicle and Traffic Law 1192(2-a). This classification applies when:

• A driver's Blood Alcohol Concentration (BAC) is 0.18% or higher.
• There is a child under 16 years old in the vehicle at the time of the offense (Leandra’s Law).
• The driver has prior DWI convictions that elevate the charge from a misdemeanor to a felony.

Misdemeanor Aggravated DWI Criteria

A misdemeanor Aggravated DWI is typically charged when a driver's BAC is 0.18% or higher but no other aggravating factors, such as repeat offenses or minors in the vehicle, are present.

Key penalties include:

• Fines ranging from $1,000 to $2,500
• License revocation for at least one year
• Up to one year in jail
• Mandatory participation in the New York Drinking Driver Program (DDP)
• Possible ignition interlock device requirement

Enhanced Penalties and License Revocation for Aggravated DWI

When a driver is charged with Aggravated DWI, the penalties are more severe compared to standard DWI charges. One of the key distinctions is the longer license revocation period, which is at least one year instead of the standard six months for a first-time DWI.

Additionally, judges may impose:

• Higher fines
• Mandatory alcohol screening and rehabilitation programs
• Stricter probation conditions

When Aggravated DWI Becomes a Felony

A first-time Aggravated DWI is usually charged as a misdemeanor, but certain circumstances can elevate it to a felony.

Felony Aggravated DWI is charged when:

• The driver has a prior DWI conviction within the last 10 years.
• There was a child under 16 years old in the vehicle (Leandra’s Law automatically upgrades this to a Class E felony).
• The offense caused serious injuries or fatalities.
• The driver has multiple prior alcohol-related driving offenses.

Leandra’s Law and Its Impact on Aggravated DWI Cases

Leandra’s Law is one of the strictest DWI-related laws in New York. It states that anyone caught driving while intoxicated with a passenger under 16 years old will automatically be charged with a felony, regardless of prior offenses.

Consequences under Leandra’s Law include:

• Up to four years in state prison
• Mandatory ignition interlock device for at least one year
• Potential loss of parental rights in extreme cases

How Different New York Counties Handle Aggravated DWI Cases

New York is divided into 62 counties, and each handles Aggravated DWI cases differently based on local prosecution policies and judicial discretion. Attorney Randall Innis emphasizes that some counties are stricter than others, with judges who are more likely to impose harsher penalties.

For example:

• Dutchess County has a reputation for aggressive prosecution of DWI cases.
• Westchester and Nassau Counties often require plea negotiations for reduced sentencing.
• Suffern and Rockland Counties may focus on rehabilitation programs for first-time offenders.

Because each jurisdiction varies, having an experienced DUI/DWI lawyer is crucial.

Legal Defense Strategies for Aggravated DWI Charges

Defending against an Aggravated DWI charge requires an in-depth understanding of New York’s DWI laws, local court practices, and possible mitigating factors.

Some common defense strategies include:

• Challenging the BAC results – Questioning the accuracy and calibration of breathalyzer devices.
• Disputing probable cause – Determining if the police had legal justification to stop the driver.
• Examining procedural errors – Investigating whether field sobriety tests and BAC testing were conducted properly.
• Negotiating reduced charges – In some cases, felony Aggravated DWI can be reduced to a misdemeanor DWI or DWAI (Driving While Ability Impaired) through plea bargaining.

Why Choose Attorney Randall F. Innis for Aggravated DWI Defense

Attorney Randall F. Innis and his team at The Innis Firm PLLC specialize in DWI and DUI defense, handling 97% of their caseload in this area. With extensive experience in Suffern, New York, and surrounding counties, their firm offers:

• Personalized defense strategies tailored to each case
• Expertise in challenging BAC results and field sobriety tests
• Strong negotiation skills to reduce charges where possible
• Comprehensive legal representation in both criminal court and DMV hearings

Protecting Your Future – Contact The Innis Firm PLLC Today

If you or a loved one are facing Aggravated DWI charges in New York, it is crucial to seek legal representation immediately. A conviction can lead to long-term consequences, including loss of driving privileges, financial hardships, and a criminal record that can affect employment and professional licensing.

The Innis Firm PLLC is committed to helping clients navigate the legal system and fight for the best possible outcome. Their legal team serves clients throughout Suffern, Dutchess County, and beyond.