Felony Aggravated DWI Charge?

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When it comes to Felony 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 Felony 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 Felony Aggravated DWI Charges in New York State: Strategies and Considerations

In New York State, a Felony Aggravated DWI (Driving While Intoxicated) charge is a serious criminal offense related to driving under the influence of alcohol or drugs. It is considered more severe than a standard DWI charge and carries more significant penalties. Felony Aggravated DWI charges typically apply when certain aggravating factors are present, which demonstrate a higher level of impairment or a history of prior offenses.

To be charged with Felony Aggravated DWI in New York, a person’s BAC must be significantly above the legal limit. In general, a BAC of 0.08% or higher is considered the legal limit for DWI. However, Felony Aggravated DWI charges typically involve a BAC of 0.18% or higher. This threshold may change due to legislative updates, so it’s essential to check the current laws.

One of the most common reasons for a DWI charge to be elevated to a felony is the presence of prior DWI convictions on the individual’s record. A person with multiple DWI convictions may face Felony Aggravated DWI charges, even if their BAC is not extremely high.

If a person is arrested for DWI in New York State with a child who is 15 years old or younger as a passenger in the vehicle, they can be charged with Felony Aggravated DWI, regardless of their BAC level.  Commercial drivers operating a commercial vehicle with a BAC of 0.04% or higher can face Felony Aggravated DWI charges.

If a DWI incident results in injuries or fatalities to others, the offender may face Felony Aggravated DWI charges, along with additional charges related to vehicular assault or vehicular manslaughter.

Apart from the factors mentioned above, other circumstances may lead to Felony Aggravated DWI charges, such as driving without a valid license or driving while intoxicated after having your license revoked or suspended due to a prior DWI conviction.

It’s essential to consult with an attorney if you or someone you know is facing Felony Aggravated DWI charges in New York State, as the specific penalties and legal options can vary depending on the circumstances of the case and any recent changes in state law. Legal representation is crucial to navigate the complexities of the legal system and work toward the best possible outcome.

Penalties for an Felony Aggravated DWI Charge in New York State

In New York State, the penalties for Felony Aggravated DWI charges vary depending on whether it is a first offense or a repeated offense. Felony Aggravated DWI charges typically involve aggravating factors such as a high blood alcohol content (BAC), prior DWI convictions, the presence of child passengers, or other specific circumstances. Here’s an overview of the penalties for first and repeated Felony Aggravated DWI charges:

First Felony Aggravated DWI Offense:

  1. Criminal Classification: A first-time Felony Aggravated DWI offense is generally classified as a Class E felony.
  2. License Revocation: The offender’s driver’s license will be revoked for a minimum of one year.
  3. Fines: The fines for a first Felony Aggravated DWI offense can range from $1,000 to $5,000, in addition to mandatory surcharges and assessment fees.
  4. Probation: Probation supervision may be imposed, typically lasting for three years.
  5. Jail Time: The offender may face up to four years of incarceration.
  6. Ignition Interlock Device (IID): Installation of an IID on the offender’s vehicle is mandatory for at least one year after the license is restored.

Repeated Felony Aggravated DWI Offense:

For repeated Felony Aggravated DWI offenses, the penalties are significantly more severe. Repeat offenders may face the following consequences:

  1. Criminal Classification: A second or subsequent Felony Aggravated DWI offense is classified as a Class D felony, which is a higher-level felony than a first offense.
  2. License Revocation: A second or subsequent offense can result in a longer license revocation period, potentially ranging from 18 months to indefinite revocation.
  3. Fines: The fines for repeat offenses can be substantially higher, ranging from $1,000 to $10,000, plus mandatory surcharges and assessment fees.
  4. Probation: Probation supervision may be imposed, typically lasting for five years.
  5. Jail Time: The offender may face up to seven years of incarceration for a repeat Felony Aggravated DWI offense.
  6. Ignition Interlock Device (IID): Installation of an IID on the offender’s vehicle is mandatory for at least one year after the license is restored, but the duration may be longer for repeat offenses.

It’s important to note that the penalties for Felony Aggravated DWI can vary based on the specific circumstances of the case and any recent changes in state law. Additionally, these penalties can have long-lasting consequences, including a permanent criminal record, increased insurance costs, and potential impacts on employment and housing.

Building a Robust Defense Strategy

Evaluating the Traffic Stop: The foundation of any Felony 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.

Challenging Sobriety Tests: Felony 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.

Questioning Chemical Tests: Chemical tests, such as breathalyzers, urine or blood tests, are crucial pieces of evidence in Felony 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.

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.

Constructing Alternative Explanations: We work closely with our clients to gather detailed accounts of the events leading up to their Felony 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 Felony 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: Felony 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 a Felony 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 Felony Aggravated DWI charges, advocating for the best interests of our clients at every turn.

Frequently Asked Questions

Felony Aggravated DWI is a more serious form of DWI in New York State, typically involving factors like a high blood alcohol content (BAC), prior DWI convictions, or the presence of child passengers.

Generally, a BAC of 0.18% or higher can result in Felony Aggravated DWI charges, although this threshold may change with legislative updates.

Common aggravating factors include prior DWI convictions, a BAC significantly above the legal limit, child passengers, or driving without a valid license.

Yes, a first-time offender can face Felony Aggravated DWI charges if their BAC is exceptionally high or if there are other aggravating factors, such as the presence of child passengers.

Penalties can include license revocation, fines, probation, jail time, mandatory ignition interlock device (IID) installation, and a permanent criminal record.

The length of the license revocation period can vary but typically ranges from one year for a first offense to potentially indefinite for repeat offenses.

Yes, a Felony Aggravated DWI conviction will result in a permanent criminal record that can have long-lasting consequences.

Depending on the circumstances, alternatives such as probation, alcohol education programs, and rehabilitation may be considered as part of the sentencing.

Yes, but the process can be complicated and typically involves satisfying specific requirements, including IID installation and completing a DMV-approved program.

Absolutely. It’s crucial to seek legal representation from an experienced DWI attorney who can assess your case, explore potential defenses, and advocate for your rights throughout the legal process.

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 Felony Aggravated DWI in New York State.

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We promise to be there when you need us most.to do everything in our power to protect your future.to give you the best value.

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.

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.

Why work with the DWI TEAM?

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.

With a FREE consultation and our Best Price Promise – we are your unbeatable choice. We offer payment plans as low as $500 down and work closely with our clients to ensure you can afford quality representation. If we don’t believe we can help, we won’t take any money.

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.

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.

Contact us anytime 24/7/365 by calling (800) 570-1810 >

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

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Our client is an air traffic controller for the Army and holds a security clearance. He was snowmobiling the night of his arrest and was stopped on his way home for operating a snowmobile after midnight. He was arrested and taken to the station where he blew a .23. Our attorneys explained that our client would lose his job/career with a misdemeanor conviction. By presenting legal proof regarding the BAC and equities tied to his career, we were able to obtain an SWAI (no criminal) result, protect our client’s job, and have the record of his conviction sealed.
Our client was involved in a head-on collision and charged with DWI. In light of her prior DWAI conviction, she faced possible jail time and revocation of her driver license. Our efforts on her behalf yielded a result that pleased the client and her husband. She pleaded guilty to the reduced count of DWAI and a traffic violation, and she avoided the more serious penalties allowed by law.
Our client was arrested for DWI, Leaving the Scene of a Personal Injury Accident, and Failed to Keep Right. It was unclear if our client or his friend was driving. Our client was very concerned as he is in the process of becoming a Corrections Officer and a DWI conviction would make that difficult, if not impossible. Our attorneys discovered our client was in possession of valuable information that could assist the DA’s Office in felony prosecutions. In exchange for our client’s cooperation with all testimony at Grand Jury the DA’s Office dismissed the case in the interests of justice. Our client was left with no criminal record and his career plan of becoming a Corrections Officer intact.
Our client’s initial offer was to plead guilty to a DWI, with a BAC of .27. This would leave our client with a criminal record for the rest of his life. We believed there was an issue with the stop, so we pushed forward. At hearings the officer said he stopped the vehicle because of a welfare check. He admitted there were no traffic infractions and that the stop was based solely on the concern for the wife. After the hearings, we submitted a memo of law outlining our issues. In the end, the Judge ruled that this was in fact, a bad stop and suppressed all the evidence and as a result, the case was dismissed.
Law enforcement said our client had a BAC of 0.21 and had caused an accident in which he rolled his vehicle. During extensive negotiations with the prosecution, we were able to demonstrate that the accident was caused by inclement weather and our client had extensive equities from prior military combat experience. The result was an offer to a DWAI which is a non-criminal traffic infraction that – due to the accident and high BAC – was significantly outside of the District Attorney’s reduction policy.
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Clients speak for our work.
They are amazing people will answer all your questions and make you feel very comfortable about your situation. Andrew and his team was the best thing i could have asked for, and they are very nice and fast with communication. Overall great people!
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!
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