What is Aggravated DWI in New York and What are the Penalties?

Not all DWI charges are the same. Some are more serious than others and come with more severe penalties to match. Compared to a regular DWI or DWAI, an aggravated DWI (or AGG DWI) is an enhanced charge with even harsher consequences – like higher fines, longer license suspensions, more driver training requirements, and longer jail or prison terms. In New York, an aggravated DWI can also go on your record as a criminal conviction.

You could be charged with an aggravated DWI if your blood alcohol content (BAC) is 0.18% or higher at the time of your arrest. That’s more than double the legal limit of 0.08% for drivers over the age of 21. Getting multiple aggravated DWIs will also add up to greater penalties.

To make matters worse, New York does not automatically expunge criminal records. Getting rid of a criminal DWI conviction or “seal” it from the public, you have to wait 10 years, qualify, and then petition a court. If you don’t, your AGG DWI charge could come up on a background check for the rest of your life, which is a long time for one mistake to weigh you down.

If you’ve been arrested for an aggravated DWI in New York, working with an experienced DWI lawyer is crucial to help mitigate or even completely dismiss the charges against you. At The Kugel Law Firm, our team of New York DWI attorneys can assist in building a strong defense, scrutinizing the evidence presented by the prosecution, and achieving a favorable outcome. With our support, you may be able to plead down to a lesser charge, such as a regular DWI or even a DWAI, which is a non-criminal violation. Contact us today at (212) 372-7218 to schedule a consultation.

What is VTL §1192(2-a)?

In New York, the law takes a strict stance against driving while intoxicated (DWI), with enhanced penalties under certain circumstances. VTL §1192(2-a) addresses one such serious category known as Aggravated Driving While Intoxicated (Aggravated DWI). This provision specifies conditions under which a DWI offense escalates in severity and the legal consequences become more severe.

The statute identifies two main conditions that lead to an Aggravated DWI charge. First, if a driver has a blood alcohol content (BAC) of 0.18% or higher, which is more than twice the standard legal limit, this condition qualifies. The second condition involves the presence of a child under the age of 15 in the vehicle at the time of the offense. This inclusion underscores a significant concern for the safety of young passengers in situations of impaired driving.

Facing a charge under VTL §1192(2-a) can result in more stringent penalties compared to standard DWI offenses, entailing longer license revocation, higher fines, and potentially greater jail time. This reflects the increased risk posed by such high BAC levels or the endangerment of minors. The law aims to deter drivers from making choices that put themselves and others at substantial risk. For anyone charged under this statute, understanding the legal implications is crucial as it impacts the legal proceedings and potential outcomes.

What Are the Penalties for Aggravated DWI in NY?

Aggravated DWI comes with greater penalties compared to a regular DWI or DWAI. To begin, you automatically get a minimum 1-year license revocation instead of the usual 6 months.

• A first-time misdemeanor aggravated DWI carries a mandatory fine of $1000-$2500, a maximum jail term of 1 year, and a mandatory driver’s license revocation for one year.
• A second aggravated DWI is a class E felony with a mandatory fine of up to $5000, a maximum prison term of 4 years, and license revocation for at least 18 months.
• A third aggravated DWI is a class D felony with a mandatory fine of up to $10,000, a maximum prison term of 7 years, and at least 18 months of license revocation.

You may also have to complete longer DWI educational programs with each escalating charge.

Additional penalties may apply if you’ve had multiple alcohol or drug violations within the last 15 or 25 years. You may also face harsher consequences if accused of vehicular assault, aggravated vehicle assault, vehicular manslaughter, or vehicular homicide.

In addition to higher penalties, felony jail terms are usually served out in state prison, which can take you farther away from your community and your family. In contrast, misdemeanor terms are usually served in a county jail nearby, housing inmates with less serious crimes.

The outcome of each DWI case depends heavily on the unique facts of each situation. Just as there’s a range of convictions, you also face a range of penalties. With the potential mitigating factors in your case, your attorney could argue for a lesser offense and penalties.

Offense Level	Penalties
First Aggravated DWI	Misdemeanor: $1,000-$2,500 fine, up to 1 year in jail, 1-year license revocation, and mandatory educational programs.
Second Aggravated DWI	Class E Felony: Up to $5,000 fine, up to 4 years in prison, 18-month license revocation, and extended educational program requirements.
Third Aggravated DWI	Class D Felony: Up to $10,000 fine, up to 7 years in prison, 18-month license revocation, and additional mandatory programs.
Additional Penalties	Higher penalties for multiple violations in 15-25 years or for related charges like vehicular assault, manslaughter, or homicide.

Is Aggravated DWI a Felony in New York?

A first-time aggravated DWI charge is usually a misdemeanor if you have no other DWI or drug-related charges on your record. This is true even if your BAC is over 0.18%.

While a misdemeanor is still a crime, the penalties are much less severe than with a felony.

Any subsequent aggravated DWI charges within 10 years are usually prosecuted as a felony – a much more serious crime with harsh consequences. Felonies are also rated by severity, where class A felonies are the highest level and usually apply to violent crimes.

Facing a felony charge can be stressful and intimidating. The consequences can affect every part of your life – from your family to your career – for years to come. But it’s possible that your case may have mitigating factors that could reduce your charges.

This is where the skills and experience of a DWI attorney comes in. Your lawyer is in your corner throughout your case, advocating for your best interests at every turn. A good legal team can help you manage your charges to fight for the most advantageous possible resolution.

How to Defend Against an Aggravated DWI Charge

Because aggravated DWI is an “enhanced” offense, negotiating a criminal AGG DWI charge down to a non-criminal resolution is harder than with a regular DWI.

This is because you must convince the prosecutor in your case to lower your charges not just one step to a regular DWI, but two steps to a non-criminal violation such as a DWAI or a traffic violation. As you might imagine, this takes more convincing to pull off. But in certain cases and with the right legal help, reducing your aggravated DWI offense is possible.

A dedicated DWI attorney knows where to look for the weakest points in a prosecutor’s case.

• Your lawyer may be able to challenge a portion or all of the prosecutor’s evidence against you based on your Miranda rights or lack of probable cause for your traffic stop.
• The chemical test results taken at the scene or the police station may have been affected by an improperly calibrated or maintained machine.
• Witnesses may describe your behavior differently than the officer at the scene.

Some defenses could be based on evidence. Others could be based on your rights, the state’s procedural requirements, or even legal technicalities. The only way to know the best course of action for your case is to talk to a lawyer about your unique situation.

Schedule a no-risk case consultation today with the dedicated DWI defense attorneys at The Kugel Law Firm. You can reach us at our New York offices at (212) 372-7218.

from Kugel Law Firm – DWI/DUI Defense in New York & New Jersey https://thekugellawfirm.com/what-is-aggravated-dwi-in-new-york-and-what-are-the-penalties/