VTL 1192.2a, "Aggravated Driving while Intoxicated" or “Aggravated DWI”

While driving under the influence is a crime in itself, the penalties can increase depending on the blood alcohol concentration (“BAC”).

Statute

The relevant statute provides:

“No person shall operate a motor vehicle while such person has .18 of one per centum or more by weight of alcohol in such person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva made pursuant to the provisions of section eleven hundred ninety-four of this article.”

If you “blow” a .18 or above, you will be charged with Aggravated DWI. This is a misdemeanor and carries the following increased penalties.

Penalties

A first-time conviction for Aggravated DWI will carry a fine between $1,000 to $2,000, a one-year revocation of your driving privileges, and up to one year in jail.

A second time conviction within 10 years is an E felony. The penalties shoot up the fine range from $1,000 to $5,000, and license revocation for at least eighteen months. The possible jail term increases to four years.

A third time conviction within 10 years is a D felony. The fine range is $2,000 to $10,000, with license revocation for at least eighteen months. The possible jail term increases to up to seven years.

A higher BAC indicates lower driving ability. The above penalties compound should there be an accident, or serious personal injury to yourself or another person. The penalties can also increase if the recipient has a prior conviction and the presence of a child in the car.

Prior out-of-state convictions for operating a motor vehicle under the influence of drugs and alcohol can be given the same weight as if the conviction happened in New York. If conduct in a different state rises to the level of a related misdemeanor or felony in New York, that separate charge can be used against you for administrative and sentencing purposes. DWI stack on top of each other in New York. This is especially true for drivers under the age of 21.

A conviction to driving while intoxicated may or may not carry immigration consequences. A separate consultation with an immigration attorney is always recommended should you find yourself charged with such.

Benjamin Goldman Law Office

If you are charged with Aggravated DWI, it is imperative that you contact an attorney as soon as possible. Handing the case properly from the outset can make a difference in a successful and unsuccessful defense. The Benjamin Goldman Law Office is a law firm that practices Vehicle & Traffic Law. Our firm has handled many hundreds of traffic-related charges including criminal matters. The reviews our firm has received indicate we ensure that our client is comfortable with us and that we put maximum effort into each case. We do not rest until we are sure that we did everything possible for our clients. The Benjamin Goldman Law Office provides all motorists and their relatives with a free consultation. An attorney will review the charges in detail and let you know how we can be of assistance. We look forward to working with you. Contact us at your convenience via phone call, text message, or email. If someone is not available at the time, you can be sure we will get back to you in a timely and efficient manner.

Fight a VTL § 1192.2a Ticket