Aggravated DWI lawyer - DWI Law in New York
Under New York State law, no person shall operate a motor vehicle while such person has a blood alcohol content of 0.18 percent or greater as shown by a chemical analysis of such person’s blood, breath, urine, or saliva. If the defendant has been convicted of a crime in violation of Vehicle and Traffic Law Section 1192(2), 1192(2-a), 1192(3), 1192(4), 1192(4-a) or in violation of Penal Law Section 120.03, 120.04, 125.13, or 125.14 within the previous 10 years, a conviction of aggravated driving while intoxicated per se is a Class E felony. If the defendant has been convicted of a crime in violation of any of the previously listed crimes twice in the previous 10 years, a conviction of aggravated driving while intoxicated per se is a class D felony.
DWI Lawyer Explains the Meaning of an Aggravated DWI Charge
A motor vehicle as defined by this statute means every vehicle operated or driven upon a public highway that is propelled by any power other than muscular power. A person operates a motor vehicle by driving it or when he or she is sitting behind the wheel of a motor vehicle for the purpose of placing the vehicle in motion. A person may be considered to be operating a vehicle even if the vehicle is not moving but the engine is running.
The device used to measure blood alcohol content (BAC), as well as the following, must be considered when determining the accuracy of the results of a chemical test: (1) The qualifications and reliability of the person who gave the test; (2) the lapse of time between the operation of the motor vehicle and the giving of the test; (3) whether the device used was in good working order at the time the test was administered; and (4) whether the test was given properly. Evidence that the test was administered by a professional possessing a valid New York State Department of Health permit allows for the presumption that the test was done properly.
Determining whether a person is impaired is not dependent upon any particular chemical or physical test. Instead, to determine whether the defendant’s ability to operate a motor vehicle was impaired, all surrounding facts and circumstances must be considered.
This includes the following:
- The defendant’s physical condition and appearance, balance, coordination, and manner of speech.
- The presence or absence of an odor of alcohol.
- The manner in which the defendant operated the motor vehicle.
- Testimony regarding the defendant’s sobriety.
- Circumstances of an accident.
- The results of any test of BAC of the defendant’s blood.
To find a defendant guilty of driving while impaired by alcohol, the prosecution must be able to prove beyond a reasonable doubt two elements: (1) That on the alleged date, the defendant operated a motor vehicle; and (2) the defendant operated the motor vehicle while his or her BAC was 0.18 as shown by a chemical analysis of such person’s blood, breath, urine, or saliva.
To schedule your free initial consultation with a drunk driving defense attorney in New York, contact Lebedin Kofman LLP today at 646-663-4430.
Aggravated DWI Penalties In New York
First Offense Aggravated DWI Conviction
Here are some possible consequences for a first-offense aggravated DWI charge:
- Fines up to $2500
- Maximum of one-year imprisonment
- Assessment cost and surcharges
- An unrenewable license for at most one year
- You might be eligible for the impaired Drinking Driver Program and a conditional license, which can be used to travel to school, work, and other important destinations.
Second-degree aggravated DWI
You could be facing a class E felony if this is your second aggravated DWI conviction within the past 10 years. You will be treated harsher by the courts than ever before. This is why you need to have a strong attorney on your side. The following are the possible penalties for second-degree aggravated DWI:
- Fines up to $5000
- Maximum four years imprisonment
- Assessment cost and surcharges
- An 18-month suspension of your license
- You may be eligible to enroll in the Impaired Driver Program at no cost. Failure to complete the program could result in your probation being violated.
Third or subsequent offense for Aggravated DWI
The consequences of a third or subsequent DWI can be very severe. These are the following:
- Fines up to 10,000
- Maximum seven years imprisonment
- Assessment cost and surcharges
- An 18-month suspension of your license
- Possible enrollment in the Impaired Driver Program at your own cost
Getting the Skilled Legal Advice of a New York DWI Lawyer
If you are charged and convicted of aggravated DWI, a lot of things in your life can significantly change. Your driver’s license can be revoked for a long period of time, or it can be revoked forever, depending on the circumstances surrounding your case. Seeking the help of an experienced aggravated DWI lawyer may increase your chances of getting a less severe penalty.
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