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.

Chemical Test Refusal

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DWI Chemical Test Refusal

In New York State, drivers are considered to have given their consent to take a chemical test (breathalyzer, blood, or urine) when they operate a motor vehicle on public roads. This is known as the “Implied Consent” law. If you are arrested for a DWI, the police officer will ask you to take a chemical test. You have the right to refuse the test, but there are serious consequences for doing so.

BWI: Chemical Test Refusal

Boating While Intoxicated: Chemical Test Refusal charges in New York State are related to the act of operating a boat while under the influence of alcohol and refusing to submit to chemical testing to determine one’s blood alcohol concentration (BAC). In NYS, as in many other jurisdictions, operating a vessel while impaired by alcohol is considered a serious offense, and chemical test refusal is an associated charge.

Snowmobiling While Intoxicated Chemical Test Refusal

Snowmobiling While Intoxicated Chemical Test Refusal (SWI-CTR) is a significant legal offense in New York State related to operating a snowmobile under the influence of alcohol or drugs. This offense shares similarities with driving under the influence (DUI) for motor vehicles but specifically applies to the operation of snowmobiles. In cases where a law enforcement officer has reason to suspect impairment, they may request a chemical test to determine blood alcohol content (BAC) or the presence of drugs. Refusal to submit to such a test can result in SWI-CTR charges, which come with their own legal implications and consequences.

Boating While Ability Impaired (BWAI)

Boating While Ability Impaired (BWAI) is a charge in New York State (NYS) that pertains to operating a boat while impaired by alcohol or drugs, but without necessarily exceeding the legal blood alcohol concentration (BAC) limit associated with more serious charges like Boating While Intoxicated (BWI). This offense is a part of NYS’s efforts to enhance safety on its waterways and reduce the risks associated with impaired boating.

Boating While Ability Impaired by the Use of a Drug (BWAI-Drugs)

Boating While Ability Impaired by the Use of a Drug (BWAI-Drugs) in the state of New York is a legal charge that pertains to operating a boat while under the influence of drugs. Just like its counterpart for alcohol (BWI-Alcohol), BWAI-Drugs is designed to ensure the safety of individuals on the water by prohibiting the operation of a vessel when impaired by the influence of certain substances.

Common Law DWI

A Common Law DWI charge in New York State (NYS) is a charge of driving while intoxicated, even if the driver’s blood alcohol content (BAC) is not at or above the legal limit of 0.08%. This type of DWI charge is often brought against drivers who refuse to take a breathalyzer test.

Commercial Vehicles: Per Se DWI

Commercial Vehicles: Per Se DWI charges in New York State are a specific category of Driving While Intoxicated (DWI) offenses that pertain to individuals who hold a Commercial Driver’s License (CDL) and are operating a commercial vehicle. These charges are characterized by a lower permissible blood alcohol content (BAC) limit than for non-commercial drivers.

Snowmobiling While Intoxicated

Snowmobiling While Intoxicated (SWI) in New York State is a legal term used to describe the offense of operating a snowmobile while under the influence of alcohol or drugs, which impairs your ability to operate the snowmobile safely. This offense is treated seriously in New York, given the potential dangers associated with impaired snowmobiling.

Snowmobiling While Ability Impaired by the Use of a Drug

Snowmobiling While Ability Impaired by the Use of a Drug (SWAI-Drugs) is a serious offense in the state of New York that pertains to operating a snowmobile while under the influence of drugs. This offense is subject to the same legal framework as driving under the influence (DUI) for motor vehicles, but it specifically applies to snowmobiles. In New York, it is illegal to operate a snowmobile while impaired by the use of drugs, which can include both illegal narcotics and prescription medications if they impair a person’s ability to operate the vehicle safely.

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.

If you or a loved one has been charged with a DWI or any other driving offense, contact the DWI TEAM. We will carefully examine the specifics of your case, and if we do not feel we can help you, we will not take any money.

We are dedicated to reducing or dismissing your charges. Contact us today for a FREE case analysis.

Intimate knowledge of local courts

DWI laws apply universally to all courthouses in New York. However, every courthouse has its own culture and expectations about how a DWI case should be prosecuted and punished.

The local attorneys for the DWI TEAM have worked in courts throughout the counties in New York and have intricate knowledge of the culture, rules, and procedures prevalent in each courthouse. They know how to pitch their case and tailor a defense accordingly.

The attorneys that represent the DWI TEAM have also fostered and developed a professional relationship with the judges, court staff, and prosecutors of each courthouse.

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Whole person approach

The attorneys with the DWI TEAM understand the stress involved in facing criminal charges. They particularly understand the complexities and complications of fighting a DWI case. For that reason, our attorneys are accessible to clients, answering their calls directly and promptly. Our staff provides moral and emotional support to clients at every stage of a DWI proceeding – from the inception of the case to post-conviction progress reports.

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This team responded right away, came up with a plan and acted on it right away. Very reasonable and flexible with payment plans and very understanding with my situation if I was in a bind with finances. You can tell they actually want to help you. Highly recommend!

I got caught for drinking and driving on a trip upstate. What an eye-opener that was. I knew I needed to put my life together after that but didn’t know how. I know some people in jail for the same charge. So I assumed that’s where I’d end up but thanks to the guys at DWI team, I got away from the situation with just a 2 point penalty on my license.

Dealing with a DWI charge is something I wouldn’t wish on anyone. Luckily, for me the DWI Team made a bad situation a lot more manageable. They know their stuff when it comes to different types of charges. I was in the thick of a DWI – and their Syracuse DWI Attorneys had my back, helping me get my life back on track, and I owe it to these guys.

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Our client, a flight attendant, was charged with DWI and Driving with BAC over .08 after being stopped for speeding. With a BAC of .13 and failed sobriety tests, the case was complex, as a conviction could have cost him his job of 25 years. Our attorneys argued effectively, leading to the dismissal of all charges, preserving his record and employment.

Our client faced a DWI charge with a BAC of .27, potentially resulting in a lifelong criminal record. Our attorneys challenged the legality of the stop, arguing it was based solely on a welfare check. The officer admitted there were no traffic infractions. The judge ruled the stop invalid, suppressing all evidence and dismissing the case.

Our client, with prior DWI charges, was arrested after an off-duty officer suspected intoxication. Initially facing 1-3 years in state prison, our attorneys found inconsistencies in the evidence. They negotiated a plea deal for straight probation, allowing the client to avoid jail time and maintain employment.

Our client was arrested for DWI, Leaving the Scene of a Personal Injury Accident, and Failed to Keep Right. With a career as a Corrections Officer at risk, our attorneys negotiated with the DA’s Office, offering valuable information for felony prosecutions. In exchange, the case was dismissed, leaving our client without a criminal record and his career plans intact.

Frequently Asked Questions

What Is a Chemical Test Refusal?

A chemical test refusal occurs when a driver suspected of driving under the influence (DUI or DWI) refuses to submit to a chemical test, such as a breath, blood, or urine test, after being lawfully asked by law enforcement. In New York, refusing a chemical test can lead to immediate consequences, including the automatic suspension of your driver’s license, fines, and potential additional penalties, regardless of whether you are ultimately convicted of DWI. Refusal can also be used as evidence against you in court. New York operates under “implied consent” laws, meaning that by driving, you have already agreed to submit to these tests if lawfully requested.

What Is a Chemical Test Refusal at the DMV?

A chemical test refusal at the DMV refers to the administrative consequences of refusing to take a breath, blood, or urine test when suspected of driving under the influence. In New York, if you refuse a chemical test, the DMV will conduct a hearing to determine if the refusal was valid. If the refusal is upheld, it results in an automatic license suspension of at least one year and a civil penalty fine. This administrative action is separate from any criminal penalties for DWI, and the refusal can be used as evidence against you in court.

Why Does the DMV Suspend for a Chemical Test Refusal?

The DMV suspends your license for a chemical test refusal because of “implied consent” laws, which state that by driving on public roads, you automatically agree to submit to a chemical test if lawfully requested by law enforcement. This rule is in place to discourage drivers from refusing tests and to aid in the enforcement of drunk driving laws. Refusing a chemical test hampers law enforcement’s ability to determine your level of impairment, so the DMV imposes automatic penalties, such as license suspension, to ensure compliance with public safety regulations.

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.

Chemical Test Refusal

COMPREHENSIVE DWI DEFENSE

Expert legal support for all DWI-related cases.

DWI Chemical Test Refusal

BWI: Chemical Test Refusal

Snowmobiling While Intoxicated Chemical Test Refusal

Boating While Ability Impaired (BWAI)

Boating While Ability Impaired by the Use of a Drug (BWAI-Drugs)

Common Law DWI

Commercial Vehicles: Per Se DWI

Snowmobiling While Intoxicated

Snowmobiling While Ability Impaired by the Use of a Drug

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