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.

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Leandra’s Law

Leandra’s Law, also known as Aggravated DWI with a Child Passenger, is a New York State law that enhances the penalties for driving while intoxicated (DWI) with a child under the age of 16 in the vehicle. The law is named after Leandra Rosado, a 10-year-old girl who was killed in a drunk driving accident in 2009.

Tiffany’s Law

Tiffany’s Law, also known as the New York State (NYS) Child Passenger Protection Act, is a significant piece of legislation designed to enhance the safety of children in motor vehicles. This law, named after Tiffany Heitkamp, a child who tragically lost her life in a car crash, aims to ensure that all children are properly secured in child safety seats while traveling in a motor vehicle. Tiffany’s Law addresses various aspects of child passenger safety, including age and size requirements, as well as the proper use of child restraint systems.

Zero Tolerance Law

Zero Tolerance Law charges in New York State (NYS) are related to the operation of a motor vehicle by individuals under the legal drinking age, specifically those under 21 years old. This law is designed to deter underage drinking and driving by imposing strict penalties on those who violate it. It stipulates that individuals under 21 who operate a vehicle with any measurable amount of alcohol in their system can face legal consequences.

Vehicular Assault in the First Degree

Vehicular Assault in the First Degree is a serious criminal charge in New York State (NYS) that is distinct from common vehicular assault offenses. This specific charge is related to cases where a person is accused of causing serious physical injury to another individual while operating a motor vehicle and being under the influence of alcohol or drugs. It falls under the broader category of vehicular crimes, which encompass offenses involving vehicles, and is considered a more severe offense due to the significant harm caused.

Vehicular Assault in the Second Degree

Vehicular Assault in the Second Degree is a significant criminal charge in New York State (NYS) that relates to accidents involving motor vehicles resulting in injuries to individuals. This offense falls under the broader category of vehicular crimes and is considered a less severe charge than Vehicular Assault in the First Degree. The key distinction between the two lies in the extent of injury and the presence of certain aggravating factors. Vehicular Assault in the Second Degree typically involves causing serious physical injury while operating a vehicle recklessly or while under the influence of alcohol or drugs.

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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.

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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.

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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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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.

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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 Leandra’s Law?

Leandra’s Law in New York makes it a felony to drive intoxicated with a child under 16 in the vehicle. Convictions result in felony charges, even for first offenses, and require installing an Ignition Interlock Device (IID) for at least 12 months. Penalties are harsher if the child is injured or killed.

What Is the Zero Tolerance Law in Driving?

The Zero Tolerance Law in New York applies to drivers under 21 who operate a vehicle with a blood alcohol concentration (BAC) between 0.02% and 0.07%. It is illegal for minors to have any detectable amount of alcohol in their system while driving. Penalties for violating this law include a six-month license suspension, fines, and mandatory participation in alcohol education programs.

What Is Tifany’s Law?

Tiffany’s Law, enacted in New York, strengthens penalties for repeat offenders of drunk driving by counting all prior alcohol- or drug-related driving convictions, regardless of the type of vehicle involved (car, boat, snowmobile, etc.). This law ensures that repeat DWI offenders face harsher penalties even if their prior offenses occurred in different types of vehicles, aiming to prevent habitual impaired driving.

Who Does the Zero Tolerance Law Apply To?

The Zero Tolerance Law applies to drivers under the age of 21 who operate a vehicle with any measurable amount of alcohol in their system, specifically a blood alcohol concentration (BAC) between 0.02% and 0.07%. It is designed to discourage underage drinking and driving by imposing penalties for even low levels of alcohol.

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.

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