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In January of 2007, a new law created the offense of Aggravated DWI in New York. Aggravated DWI in New York (Vehicle & Traffic Law § 1192(2-a)) is driving with a blood alcohol content (BAC) of .18% or higher — more than double the .08% legal limit — or driving while intoxicated with a child 15 years old or younger in the vehicle.
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.
A lot of people assume aggravated DWI is a slightly worse version of a regular DWI. It is a separate charge, and the differences are specific.
Longer license revocation. A standard first-offense DWI at the .08% threshold carries a minimum six-month revocation. An aggravated DWI doubles that to a minimum of one full year.
Higher fines. Standard DWI fines top out at $1,000 for a first offense. Aggravated DWI fines start at $1,000 and run to $2,500.
Plea bargaining restrictions. New York law limits a prosecutor’s ability to reduce an aggravated DWI to a non-criminal DWAI. The negotiating room is narrower than on a standard DWI, which makes the evidence challenge more important.
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 aggravated DWI in New York State depend on the number of prior offenses and the aggravating factors involved.
| First Offense | Second Offense (within 10 yrs) | Third Offense (within 10 yrs) | |
|---|---|---|---|
| Classification | Misdemeanor | Class E Felony | Class D Felony |
| Fines | $1,000 – $2,500 | $1,000 – $5,000 | $2,000 – $10,000 |
| Maximum Jail/Prison | Up to 1 year | Up to 4 years | Up to 7 years |
| License Action | Revoked for at least 1 year | Revoked for at least 18 months | Revoked for at least 18 months |
| Ignition Interlock | Mandatory (min. 12 months) | Mandatory | Mandatory |
Aggravated DWI in New York is driving with a blood alcohol content of .18% or higher, or driving while intoxicated with a child 15 or younger in the vehicle. It is charged under Vehicle and Traffic Law § 1192(2-a). The .18 version is a misdemeanor on a first offense; the child-in-vehicle version is a Class E felony.
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.
A standard per se DWI starts at .08% BAC. Aggravated DWI starts at .18%, more than double. Same stop, same night, one hundredth of a point can be the difference: .17% is a DWI, .18% is an aggravated DWI.
It is possible but not required on a first offense, where the maximum is one year. A second aggravated DWI within 10 years is a Class E felony carrying up to four years in state prison, and a third is a Class D felony carrying up to seven.
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.
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.
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.
Yes, an Aggravated DWI conviction will result in a criminal record, which can have various long-term consequences, including impacting employment and housing opportunities.
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.
No. A first-offense aggravated DWI in New York carries no mandatory jail sentence, though the court may impose up to one year. Felony-level repeat offenses carry a substantially higher risk of incarceration.
Yes, but New York restricts it. Prosecutors face statutory limits on reducing an aggravated DWI to the non-criminal infraction of DWAI under VTL 1192.1, and any reduction that is offered has to have its reason stated on the record. That means the case for one is built early and in writing, not negotiated informally at the last court date.
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.
More than the fine. Beyond the $1,000 to $2,500 fine on a first offense, you are responsible for mandatory court surcharges, a Driver Responsibility Assessment of $750 spread over three years, the installation and monthly monitoring cost of the ignition interlock device, and enrollment in the Impaired Driver Program. The total financial impact of even a first aggravated DWI can easily exceed $5,000, before legal fees and before the insurance increase.
