What Does an Aggravated DWI Charge Mean in New York?

At O’Brien & Eggleston PLLC, our Albany criminal defense attorneys know that most New York criminal charges can be upgraded to aggravated when certain factors are present, making the offense more severe and resulting in harsher penalties. This includes Driving While Intoxicated (DWI)) offenses.

Aggravating circumstances indicate a higher level of culpability, recklessness, or malice, thus warranting more significant legal consequences to reflect the increased danger or harm caused by the offender’s actions. This differentiation underscores the legal system’s aim to address the gravity of offenses and protect public safety proportionately.

Our Albany County DWI defense lawyers discuss the aggravating factors and consequences here.

What are the Key Elements of Aggravated DWI in New York?

The primary factor elevating a standard DWI to an aggravated DWI is having a BAC of 0.18% or higher, which is significantly above the legal limit of 0.08%.

However, there are aggravating factors beyond a higher BAC, which include:

• Driving with a Child Passenger: Driving while intoxicated with a child passenger aged 15 or younger can lead to additional charges under Leandra’s Law, which makes it an automatic felony.
• Prior Convictions: Prior DWI convictions within the last ten years can elevate a DWI charge to aggravated DWI or result in felony charges.

Aggravated DWI Convictions Have Stricter Penalties

For a first aggravated DWI offense, penalties may include up to one year in jail, fines ranging from $1,000 to $2,500, a mandatory minimum one-year driver’s license revocation, and installing an ignition interlock device.

A second aggravated DWI within ten years is classified as a Class E felony, carrying penalties of up to four years in prison, fines between $1,000 and $5,000, a mandatory minimum 18-month driver’s license revocation, and an ignition interlock device.

A third aggravated DWI within ten years is classified as a Class D felony, with penalties including up to seven years in prison, fines from $2,000 to $10,000, a mandatory minimum 18-month driver’s license revocation, and an ignition interlock device.

In addition, individuals convicted of aggravated DWI may be required to undergo:

• Alcohol evaluation and participation in treatment programs.
• Attendance at a victim impact panel, where DUI victims share their experiences, may be mandated.

An aggravated DWI conviction remains on an individual’s driving record for at least ten years, impacting insurance rates and future employment opportunities that require driving.

Given the severe penalties and long-term consequences of an aggravated DWI charge, it is crucial to seek experienced legal representation. Our Albany defense attorneys can help you navigate the legal system, negotiate plea deals, and work to mitigate the impact of the charges.

Contact Our Attorney at O’Brien & Eggleston PLLC Today

Contact O’Brien & Eggleston PLLC today by calling (518)-391-2369 or online to ensure your rights are protected. We have a strong track record of producing real results for our clients. Allow us to pursue the best outcome for your case, too.