Aggravated DWI
Buffalo DWI Attorney
Being arrested for aggravated DWI can have a huge effect on your life because it could lead to serving one year in jail. If you were charged with DWI and scored a 0.18 or higher BAC, contact Buffalo DWI Attorney John Dudziak to fight for your freedom. We offer free consultations.
Aggravated DWI is a relatively new offense in New York. Created in January 2007, this imposes stricter penalties on drivers who were excessively intoxicated or were driving under the influence of alcohol while a child was present in the vehicle.
What is an Aggravated DWI? (New York)
Codified in VTL 1192.2-a, an Aggravated DWI in New York can be charged when a driver was operating a motor vehicle while having a Blood Alcohol Content (“BAC”) of 0.18 or higher. An Aggravated DWI is still usually a misdemeanor, but the repercussions are more serious and it is more difficult to bargain down to a non-criminal infraction.
However, if you were charged with Driving While Intoxicated (“DWI”) while a child (age 15 or younger) was in your car, in New York the offense can be upgraded to an Aggravated DWI. This is then called Leandra’s Law which can be classified as a Class E Felony.
Penalties for a Buffalo Aggravated DWI (New York)
If you have been charged with an Aggravated DWI in New York as codified in VTL 1192.2, you may receive one or more of the following penalties:
- Up to One (1) Year of Jail Time
- Up to Three (3) Years of Probation
- $1,000 minimum fine, up to a $2,500 maximum fine
- Loss of your Driver’s License for One (1) Year
- Victim Impact Panel requisite attendance
- DMV Assessment of $250 per Year, for Three (3) Years
- Court surcharges up to $395
Second Aggravated DWI Offenses (Felony Aggravated DWI) in New York
If you have been charged with an Aggravated DWI in New York and have been previously convicted of an alcohol-related offense more serious than a Driving While Ability Impaired (DWAI), that previous offense will impact your sentence and you will be charged with a Felony Aggravated DWI.
Felony charges should not be taken lightly, and can lead to serious repercussions that will impact your life for a long time.
The penalties and ‘Class’ of felony you can be charged with varies – the number of previous convictions you have is considered. That said, if you have been charged with a second Aggravated DWI as codified in VTL 1192.2(2-a) and the first occurred within the past Ten (10) Years, you might receive one or more of the following penalties:
- Up to Four (4) Years of Jail Time
- Up to Three (3) Years of Probation
- $1,000 minimum fine, up to a $5,000 maximum fine
- Lose your Driver’s License for Eighteen (18) months
- Victim Impact Panel requisite attendance
- DMV Assessment of $250 per Year, for Three (3) Years
- Court surcharges up to $395
Third Offense: Aggravated DWI (within 10 years) in New York – Class D felony
When a driver is charged with a third Aggravated Driving While Intoxicated (“Aggravated DWI”) within 10 years, he/she will face a Class D felony in New York with a possible fine of $2,000 to $10,000 and up to 7 years of jail time. Additionally, the driver will lose his or her driver’s license for at least 18 months.
Frequently Asked Questions About Aggravated DWI
What is an aggravated DWI?
- This law pertains to individuals who score, for lack of a better term, a 0.18 or higher on the breath machine. The importance of this law is that it’s a misdemeanor. The penalties are stiffer: a fine ranging from $1,000 to $2500, with a potential one-year jail term and a license revocation of one year.
What is the difference between a felony DWI and a misdemeanor?
- In New York State, the difference between a felony DWI and a misdemeanor DWI generally boils down to the time of incarceration. A misdemeanor DWI is punished by up to one year in jail, where as felony DWI, which has various levels starting at E level, which is punishable by one and one-third to four years in jail. In order to be charged with a felony DWI, you have to have had a prior misdemeanor conviction within the preceding ten years, or have violated New York State’s Leandra’s Law.
What is Leandra’s Law?
- If you were driving with another individual who was 15 years of age or younger when you were arrested for DWI, the Leandra Law escalates that to an automatic felony. This felony is punishable by up to 4 years in jail, and significant monetary fines, including potential jail time, probation and loss of license.
Contact Our Buffalo DWI Lawyer to Defend You Against an Aggravated DWI
If you have been charged with a DWI in Buffalo and want to explore all your options for defense, give our experienced Buffalo DWI Attorney a call today for a FREE consultation. We will take you by the hand and walk you through all your options and possible defense strategies.
As a former Erie County Assistant District Attorney, former Town Attorney and Prosecutor for Lancaster, John M. Dudziak understands the law, and has the skills necessary to protect your rights. He is available 24 hours a day, 7 Days a week for a FREE phone consultation.