There are essentially three levels of drunk driving charges in the state of New York. Drivers with a blood alcohol concentration (BAC) greater than .05 but less than .08 can be charged with Driving While Ability Impaired by Alcohol (DWAI), but a BAC of .08 or higher can result in an arrest for Driving While Intoxicated (DWI). However, drivers may be charged with Aggravated Driving While Intoxicated (A-DWI) for having a BAC of .18 or higher.
Like a DWI charge, an Aggravated DWI is generally considered a misdemeanor offense in New York. However, an individual can be subject to increased fines and lengthier suspension of driving privileges, and certain cases can be classified as Class E felonies.
Nassau County Aggravated DWI Lawyer
If you have been arrested for Aggravated DWI in New York, you should speak to an experienced attorney before simply pleading guilty. Law Office of Stephanie Selloni represents clients in all five boroughs of New York City and all over Long Island who are facing all types of DWI charges.
Stephanie Selloni fights Aggravated DWI charges for individuals in Glen Cove, Massapequa, Floral Park, and all surrounding areas of Nassau County and Suffolk County. Contact Law Office of Stephanie Selloni today at (516) 972-1212 to for a comprehensive review of your case during a free consultation.
New York Aggravated DWI Overview
- Aggravated DWI Charges in Long Island
- New York Aggravated DWI Penalties
- Nassau County Aggravated DWI Defenses
Aggravated DWI Charges in Long Island
Under New York Vehicle and Traffic Law § 1192.2-a, there are two offenses that can result in an Aggravated DWI charge:
- Per se — Misdemeanor offense for individual operating a motor vehicle with a BAC of .18 or higher
- With a child — Class E felony offense for individual operating a motor vehicle with a BAC of .08 or higher and also having passenger who is 15 years of age or younger
New York Aggravated DWI Penalties
If you are convicted of Aggravated DWI in Nassau County, you are subject to punishments that can be more serious than those imposed for a regular DWI conviction. Possible consequences for the misdemeanor offense can include a combination of the following:
- Up to one year sentence in jail
- Three-year probation period
- Minimum one-year revocation of your driver’s license and discretionary revocation of your registration
- Minimum fine of $1,000, up to $2,500
- New York state surcharge of $395-$400, depending on whether your case is in a Town or a Village Court
- Annual Driver Responsibility Assessment Fee (DRAF) of $250 for three years
- Required enrollment in New York’s Drunk Driving Program (DDP), which consists of weekly classroom sessions and involves paying a $75 fee to the Department of Motor Vehicles and up to $225 in additional fees paid to the DDP program
- Required attendance at a Victim Impact Panel
- Required installation and maintenance of a functioning ignition interlock device in any motor vehicle that you own or operate for period of time equal to your revocation period and/or probation period, minimum of six months
If the Aggravated DWI charge you face is considered a Class E felony, then certain penalties above are increased as follows:
- Up to four-year sentence in state prison
- Five-year probation period
- Minimum fine of $1,000, up to $5,000
- New York state surcharge of $520
Nassau County Aggravated DWI Defenses
One of the best reasons to speak with a lawyer about your Aggravated DWI case is that a knowledgeable attorney can investigate the details of the arrest and uncover any one of several common police errors that can result in the charges against you being reduced or dismissed. Some possible defenses include, but are not limited to:
- Illegal Stop — You may be able to challenge your Aggravated DWI if the arresting police officer did not have sufficient probable cause to pull you over for suspected drunk driving. For instance, weaving inside your own lane without crossing a center line or driving slower than the speed limit are not necessarily indications that a motorist is operating a vehicle while under the influence.
- Inaccurate Field Sobriety Tests — The accuracy of most standard field sobriety tests used by police officers around the country is considered highly suspect. Courts in New York are no exception, as individuals who have medical conditions, injuries, or weight issues can be likely to fail a one leg stand, walk-and-turn, or other field sobriety tests despite being completely sober.
- BAC or Breath Test Issues — There are several factors that can contribute to a false breathalyzer test result, including machine malfunctions, improper calibration, or other technical issues. Additionally, test results may be invalidated if the individual operating the test was not properly licensed to do so, the officers failed to conduct an observation period, or a medical condition contributed to an inaccurate reading.
- Other Procedural Errors — Police failure to record certification tests, read you your Miranda rights, or ask about medical conditions are just a few of the oversights that can result in the charges against you being thrown out.
Find An Aggravated DWI Lawyer in Long Island
It is important to immediately seek legal representation if you have been arrested for Aggravated DWI. Law Office of Stephanie Selloni defends clients in such communities as Syosset, Valley Stream, and Hicksville against drunk driving charges.
Stephanie Selloni is a skilled and driven Garden City-based criminal defense attorney who serves clients in Nassau County, Suffolk County, and all five boroughs of New York City. You can receive a free, confidential consultation when you contact Law Office of Stephanie Selloni today at (516) 972-1212.