Aggravated DWI

Overview

Charged with Aggravated DWI? We are here to help you 24/7

When it comes to Aggravated DWI – don’t risk your family, your license, your job, or your financial future. Our Attorneys have the experience to defend you and fight your Aggravated DWI charge.

Our relationships and understanding of local courts, judges and prosecutors are key to helping our clients get the best possible legal outcomes.

Defending Aggravated DWI Charges in New York State

Strategies and Considerations

Aggravated DWI is a more serious charge than a regular DWI in New York State. It is defined as driving with a blood alcohol content (BAC) of 0.18% or higher. The legal limit for drivers 21 years of age and older is 0.08%. So, an aggravated DWI charge means that the driver was twice over the legal limit.

The penalties for a first offense aggravated DWI in New York State are

The penalties increase for subsequent aggravated DWI offenses. For example, a second aggravated DWI offense within 10 years is a Class E felony, which carries a possible sentence of up to four years in prison and a fine of up to $5,000.

There are other factors that can aggravate a DWI charge in New York State, such as

Here are some additional things to keep in mind about aggravated DWI in New York State

Penalties for an Aggravated DWI Charge in New York State

The penalties for aggravated DWI in New York State depend on the number of prior offenses and the aggravating factors involved.

First offense

Second offense within 10 years

Third offense within 10 years

The following are some of the aggravating factors that can increase the penalties for aggravated DWI in New York State

Building a Robust Defense Strategy

1 Evaluating the Traffic Stop

The foundation of any Aggravated DWI defense begins with a thorough examination of the traffic stop. Was there probable cause to initiate the stop? Were the proper procedures followed by law enforcement? Any violations of the defendant’s Fourth Amendment rights can significantly impact the case’s validity.

2 Challenging Sobriety Tests

Aggravated DWI cases often involve field sobriety tests, which can be subjective and prone to human error. Our experienced attorneys meticulously scrutinize the administration of these tests to identify any inconsistencies or improper procedures that could undermine their reliability.

3 Questioning Chemical Tests

Chemical tests, such as breathalyzers, urine or blood tests, are crucial pieces of evidence in Aggravated DWI cases. However, these tests are not infallible. Our legal team will investigate whether the testing equipment was properly calibrated, maintained, and operated by certified personnel. If there are discrepancies, the validity of the test results can be called into question.

4 Medical Conditions and Prescription Medications

Some medical conditions and prescription medications can lead to impaired driving without the presence of alcohol or illegal drugs. Our defense strategy explores the possibility of a medical condition or medication affecting the defendant’s ability to operate a vehicle safely.

5 Constructing Alternative Explanations

We work closely with our clients to gather detailed accounts of the events leading up to their Aggravated DWI charge. By understanding the context and circumstances, we can build alternative explanations for their behavior that may not necessarily point to impairment.

Navigating Legal Options

Our legal team is well-versed in the nuanced laws of New York State, including its Aggravated DWI statutes and sentencing guidelines. Depending on the specifics of the case, we can pursue various legal avenues:

Negotiating Reductions

Through skillful negotiation, we aim to secure reductions in charges or penalties, such as obtaining a plea deal to a lesser offense or pursuing enrollment in a substance abuse education program.

Challenging Evidence in Court

If necessary, we are prepared to take the case to trial. Our experienced litigators will present a strong defense, cross-examine witnesses, and challenge evidence in court to achieve the best possible outcome.

Protecting Driving Privileges

Aggravated DWI convictions can result in the suspension or revocation of driving privileges. We will advocate for our clients to retain their driving rights whenever possible.

Conclusion

Facing an Aggravated DWI charge in New York State can be a daunting experience, but the DWI Team is dedicated to providing unwavering support and exceptional legal representation. Our extensive knowledge of the legal landscape, combined with our commitment to protecting clients’ rights, empowers us to construct robust defense strategies tailored to each unique case. From dissecting the traffic stop to challenging sobriety tests and negotiating favorable outcomes, we stand as the shield against Aggravated DWI charges, advocating for the best interests of our clients at every turn.

1. Strategies and Considerations

2. Penalties for an Aggravated DWI Charge in New York State

3. Building a Robust Defense Strategy

4. Navigating Legal Options

5. Conclusion

Frequently Asked Questions

What is Aggravated DWI in New York State?

Aggravated DWI in New York State refers to a severe form of driving while intoxicated (DWI) offense involving a significantly high blood alcohol concentration (BAC) or the presence of other aggravating factors.

What constitutes an elevated BAC for Aggravated DWI?

In New York, a BAC of 0.18% or higher is considered an elevated BAC for Aggravated DWI. This is more than twice the legal limit for regular DWI.

What are some aggravating factors for Aggravated DWI?

Aggravating factors can include prior DWI convictions within the past 10 years, driving with a suspended or revoked license, and the presence of minors (under 16 years old) in the vehicle.

What are the potential penalties for Aggravated DWI?

Penalties for Aggravated DWI can include fines ranging from $1,000 to $2,500, a license revocation for at least one year, mandatory alcohol assessment and treatment programs, and potential jail time of up to one year.

Is Aggravated DWI a misdemeanor or a felony?

Aggravated DWI is typically classified as a misdemeanor in New York State, but multiple DWI convictions within a certain time frame can elevate the charge to a felony.

Can Aggravated DWI lead to a criminal record?

Yes, an Aggravated DWI conviction will result in a criminal record, which can have various long-term consequences, including impacting employment and housing opportunities.

Can I refuse a breathalyzer test for Aggravated DWI?

Refusing a breathalyzer test in New York can result in penalties, such as an automatic license suspension and fines, even if you are later found not guilty of DWI. This is due to New York’s implied consent law.

Are there any mandatory jail terms for Aggravated DWI?

Yes, in New York, a conviction for Aggravated DWI can lead to mandatory jail time of up to one year, particularly if it’s a repeat offense or if other factors are present.

Can I plea bargain an Aggravated DWI charge to a lesser offense?

Plea bargaining is possible in some cases, but due to the serious nature of Aggravated DWI, prosecutors might be less inclined to offer favorable plea deals. Consult with an attorney to understand your options.

How can an attorney help with an Aggravated DWI case?

An experienced attorney can assess the details of your case, challenge evidence, explore potential defenses, and guide you through the legal process. They can work to minimize penalties, protect your rights, and aim for the best possible outcome.

If you have any other questions, please contact us at info@dwiteam.com

Please note that laws and regulations can change over time, so it’s important to consult with a legal professional or refer to official sources for the most up-to-date information regarding Aggravated DWI in New York State.

Proven Team that Provides Results Through Advocacy

It is not so easy to find a DWI attorney. People sometimes treat, and attorneys represent DWI charges as if they were simple traffic tickets. As a result, it can dramatically affect someone’s job, finances, freedom, and their ability to be valued members of our society.

With the government having access to an unlimited amount of resources to convict people, many times, people are forced to plead guilty to something that they either were not guilty of or something that would affect the rest of their life.

That’s why if you are facing a DWI charge, you need a competent, experienced, and respected attorney to defend you. The DWI TEAM is comprised of some of the most accomplished DWI professionals in New York state. Nave Law Firm has brought together these exceptional professionals as The DWI TEAM to offer DWI defense services of the highest order. With Nave Law Firm’s leadership, The DWI TEAM provides our clients with seamless service using the most cutting edge defense strategies in seeking the best outcome possible in their case.

Aggravated DWI

Overview

Charged with Aggravated DWI? We are here to help you 24/7

Defending Aggravated DWI Charges in New York State

Strategies and Considerations

The penalties for a first offense aggravated DWI in New York State are

There are other factors that can aggravate a DWI charge in New York State, such as

Here are some additional things to keep in mind about aggravated DWI in New York State

Penalties for an Aggravated DWI Charge in New York State

First offense

Second offense within 10 years

Third offense within 10 years

The following are some of the aggravating factors that can increase the penalties for aggravated DWI in New York State

Building a Robust Defense Strategy

1

Evaluating the Traffic Stop

2

Challenging Sobriety Tests

3

Questioning Chemical Tests

4

Medical Conditions and Prescription Medications

5

Constructing Alternative Explanations

Navigating Legal Options

Negotiating Reductions

Challenging Evidence in Court

Protecting Driving Privileges

Conclusion

Contents

Contents

Frequently Asked Questions

If you have any other questions, please contact us at info@dwiteam.com

Proven Team that Provides Results Through Advocacy

Get your free case analysis

Get Your Free Case Analysis

Backed By Our Best Price Promise

Quick Links

Form Submissions