Aggravated DWI in New York

September 1, 2022


There are a wide variety of so-called drunk driving and driving under the influence charges that an inebriated driver may face in New York. From Snowmobiling While Ability Impaired (operating a snowmobile under the influence of alcohol) to a “per se” DWI (where the driver’s blood alcohol content level is 0.08 percent or more), the charges that you may face depend on what type of vehicle you are operating, what your level of impairment is, and whether you are impaired by drugs or by alcohol. An Aggravated DWI in New York is a specific form of intoxicated driving that can carry some severe penalties.

Police car in side view mirror of aggravated dwi case

Aggravated DWI

It’s essentially means that a driver was operating a vehicle while he or she had a BAC of at least 0.18 percent. The legal limit for drivers 21 years of age and older is 0.08 percent. So, the charge of this felony means that the driver was actually twice over that legal limit. The penalty for a first time of this conviction in New York includes:

  • A misdemeanor criminal conviction;
  • An automatic one-year driver’s license revocation;
  • Requirement to install an ignition interlock device (a device that prevents the engine from starting if the driver’s breath reveals they are under the influence);
  • A fine of at least $1,000 (no more than $2,500);
  • Three-year probation period;
  • Potential jail time up to one year;
  • A court-ordered surcharge (additional fine).

One way to prove that a driver committed an Aggravated DWI is for the arresting officer to administer a chemical BAC test. These tests commonly take the form of a breath, blood, or urine test and reveal what the driver’s BAC was at the time he or she was operating the vehicle. Though a driver can legally refuse such a test, refusing a chemical test in New York can lead to steep fines and an automatic one-year license suspension (with additional penalties for subsequent refusals).

Felony Aggravated DWI

In New York any driver who has been convicted of this conviction and commits that same crime within 10 years of their prior conviction may be charged with this Felony. Unlike the misdemeanor charge of a first time, the Felony can land a convicted driver in prison for up to seven years. Plus, the convicted driver may have to pay up to $10,000 in fines, and will lose his or her license for a minimum of 18 months.

Aggravated DWI – Child in Car

Another variation of this felony is the Aggravated DWI – Child in Car charge. The Aggravated DWI – Child in Car charge means that a driver has committed a DWI or DWAI while a minor under the age of 16 was present in the car. Even a first-time conviction for this charge is a felony. The penalty for this felony in Car include a requirement to install an interlock device, a five-year probation period, at least a one-year license revocation, a fine up to $10,000, and up to seven years in prison.

Aggravated DWI charges are complex, and if not properly handled, may lead to serious penalties. If you or someone you know has been charged with an Aggravated DWI or any other type of DWI, contact the skilled lawyers with the DWI GUYS today at 1-800-394-8326 and feel less stress tomorrow.

DISCLAIMER: The exclusive purpose of this article is educational and it is not intended as either legal advice or a general solution to any specific legal problem.  Corporate offices for The DWI GUYS are located at 231 Walton Street, Syracuse, New York 13202; Telephone No.: 1-800-394-8326  Prior results do not guarantee a similar outcome.

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Upstate NY.

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