Drunk Driving Arrest In New YorkDrivers in the State of New York can be arrested on standard DWI charges for operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or more.

Most drivers in the State of New York are aware of the fact that it is illegal to operate a motor vehicle with a BAC of 0.08% or higher, but not too many people know that New York has several different types of DWI charges that depend on a driver’s alleged level of intoxication.

The New York DUI defense attorneys at Acocella Law Group discuss another type of DWI below called “Aggravated Driving While Intoxicated,” or simply Aggravated DWI.

DUI Defense Attorneys Helping Drivers In NY

Our experienced legal team has successfully represented many drivers arrested for DWI, DWAI, Aggravated DWI and other related charges in the past. If you’ve been arrested for driving under the influence of alcohol and/or drugs in New York then you could be facing serious charges.

Call us today for a free consultation to learn about all of your legal options and how we can help you obtain a favorable outcome after a DWI arrest.

Everything To Know About An Aggravated DWI

Aggrivated Drunk Driving IconWhat Is An Aggravated DWI In New York?

An Aggravated DWI is a specific type of intoxicated driving charge in New York that applies to individuals who are arrested for driving while intoxicated with an alleged blood alcohol concentration of 0.18% or higher.

Aggravated DWI is considered to be more serious charge than a standard DWI charge and the penalties for a conviction can be much more severe too.

Is An Aggravated DWI A Felony?

A first offense Aggravated DWI charge is a misdemeanor offense in the State of New York just like a standard first offense DWI charge.  However, if you are convicted of Aggravated DWI within 10 years of a prior DWI-related conviction then you could be prosecuted for a Class E Felony charge.

Read below to learn more about the differences between a first offense and second offense Aggravated DWI, as well as the penalties associated with each of these charges.

Consequences Of An Aggravated DWI Conviction

DWAI / Alcohol ChargeIf you have been arrested for driving under the influence of alcohol and your alleged blood alcohol content was 0.18% or more then you will likely be facing aggravated DWI charges.

The standard penalties and consequences associated with an aggravated DWI conviction will depend on any prior DWI-related convictions. For example, the penalties for a first offense Aggravated DWI conviction will be different than the penalties associated with a repeat offense.

But regardless of any previous DWI-related offenses, the penalties for an Aggravated DWI conviction (0.18% BAC or higher) are much more severe than the penalties associated with standard DWI conviction (0.08% – 0.179% BAC) in New York.

Penalties For A First Offense Conviction (Misdemeanor)

If you are convicted of a first offense Aggravated DWI then you could face the following consequences and penalties:

  • $1,000 – $2,500 fine
  • 3 years of probation
  • 1 year minimum license revocation
  • $395+ surcharge
  • $250 annual driver responsibility assessment fee
  • Mandatory installment of ignition interlock device in your vehicle
  • Possible revocation of vehicle registration for 1 year or more
  • Possible jail term of up to 1 year

Penalties For A Second Offense Conviction (Class E Felony)

If you are convicted of Aggravated DWI within 10 years of a prior DWI-related conviction (DWI, DWAI, DWAI-Drug, etc.) then you could be prosecuted for a Class E felony. The standard consequences and penalties associated with a second offense Aggravated DWI conviction can include the following:

  • $1,000 – $5,000 fine
  • 3 years of probation
  • 18 month minimum license revocation
  • $520+ surcharge
  • $250 annual driver responsibility assessment fee
  • Mandatory installment of ignition interlock device in your vehicle
  • Possible revocation of vehicle registration for 1 year or more
  • Possible jail term of up to 4 years

What Can I Do About My DWI Arrest?

Many drivers arrested on DWI charges in New York simply give up and plead guilty to the charges against them without considering all of their legal options first.

Pleading guilty to the charges without considering alternative legal options typically results in a conviction with standard penalties.

On the other hand, those who have know to explore all of their legal options before proceeding and turn to an experienced DUI defense lawyer for assistance.

Contact An Experienced DWI Defense Attorney

Arrested on Aggravated DWI charges? You should know that there are several different legal options to consider before proceeding with your case. An experienced DWI attorney may be able to challenge your DWI arrest in court which could result in reduced penalties or even a total acquittal of your charges.

Facing a second offense DUI? This is a serious offense in New  York, but you should know that not all drivers arrested on second offense DUI charges are prosecuted to the maximum degree. A DWI lawyer may be able to negotiate a plea bargain on your behalf and have your DWI charges reduced from a felony to a misdemeanor.

Our team of DWI attorneys are committed to aggressively representing our clients in order to obtain the most favorable outcome possible.

Our Offices In The New York City Area

Acocella Law Group is a DUI defense law firm based in New York. Our attorneys represent clients throughout the New York metro area and beyond from our office locations in:

We offer free consultations so call us today to learn about all of your options and the get the legal help you deserve.