NYS VTL 1192.2-a(a). Aggravated Driving While Intoxicated

November 15, 2014

(a) Per se. 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 a chemical analysis of such person’s blood, breath, urine or saliva made pursuant to the provisions of section 1194 of this article. 
(b) With a child. No person shall operate a motor vehicle in violation of subdivision 2, 3, 4 or 4-a of  this section while a child who is 15 years of age or less is a passenger in such motor vehicle. Aggravated DWI in NY comes in two forms: (1) driving with a BAC of .18 or higher, or (2) driving while intoxicated or impaired by drugs with a child under 16 years old in the car.However, while a first offense of subdivision (a) is a misdemeanor, a first offense of subdivision (b) is an automatic felony (and the subject of another post), regardless of how squeaky clean your criminal or driving history may be.

A charge of misdemeanor aggravated DWI will result in the suspension of your driving privileges at arraignment, the very first court appearance, before you have been found guilty of anything.  And the penalties for an actual conviction of misdemeanor aggravated DWI are significant.

Penalties

First Offense

  • Punishable by a fine of between $1,000 to $2,500, up to one (1) year in jail, or both a fine and jail;
  • Possible probation;
  • Mandatory state surcharge/fees of $400;
  • License/driving privileges revocation of one (1) year;
  • Driver Responsibility Assessment fee of $750; and
  • Ignition Interlock Device (“IID”) installed and maintained at defendant’s expense for no less than 6 months.
A person convicted of aggravated DWI will most likely also be required to complete various programs (e.g., Victim Impact Panel (“VIP”) and Drinking Driver Program (“DDP”)), as well as an alcohol and/or substance abuse evaluation, all at the defendant’s expense.
Second Offense (more than 10 years from prior any DWI conviction)
  • Punishable by a fine of between $1,000 to $2,500, up to one (1) year in jail or both a fine and jail;
  • Possible probation;
  • Mandatory state surcharge/fees of $400;
  • License/driving privilege revocation of 18 months;
  • Driver Responsibility Assessment fee of $750; and
  • Ignition Interlock Device (“IID”) installed and maintained at defendant’s expense for no less than 6 months.
A person convicted of aggravated DWI will most likely also be required to complete various programs (e.g., Victim Impact Panel (“VIP”) and Drinking Driver Program (“DDP”)), as well as an alcohol and/or substance abuse evaluation, all at the defendant’s expense.
Second Offense Within 5 Years
 
A second DWI offense within 10 years of a prior DWI related conviction would most likely be charged as a class E felony,subject to higher fines and up to 4 years in state prison.  The experienced DWI defense attorneys at Catalano & Carpenter LLP may be able to avoid a felony conviction in certain cases (if the charge can’t be beaten altogether), in which case the defendant would be subject to the typical second misdemeanor offense penalties above, but with the additional penalty of
  • Either 5 days in jail or, alternatively, 30 days of community service.
Third or Subsequent Offense Within 5 Years
 
Likewise, a third or worse DWI offense within a 5 year period would most likely result in a charge of DWI as a class D felony, again, punishable by even higher fines and up to 7 years in state prison.  A successful reduction of such a felony to yet another misdemeanor conviction would similarly result in the same penalties as a second misdemeanor offense within 5 years, but this time with:
  • Either 10 days in jail or, alternatively, 60 days of community service.
Any charge of DWI, aggravated, felony or otherwise, can be devastating to both the defendant and the defendant’s family.  And those consequences can be felt immediately after the arrest.  It is therefore critical that anyone charged with an alcohol related driving offense speak with an experienced and knowledgeable DWI defense attorney immediately.
The DWI defense attorneys at Catalano & Carpenter LLP have established a reputation for aggressively and successfully defending and protecting the rights of individuals throughout the Hudson Valley charged with alcohol related driving offenses.
If you are charged with any alcohol related driving offense, call the experienced DWI defense attorneys at Catalano & Carpenter LLP today at (845) 454-1919 to schedule a free consultation, or visit our website at www.CatalanoCarpenter.com.