New York Aggravated DWI

Aggravated DWI in New York: What’s an “aggravated DWI”? And what are the penalties?

If you’re arrested for DWI (driving while intoxicated) in New York, you can be charged with an “aggravated DWI”—a more serious offense carrying greater penalties—if your case involves certain aggravating factors.

Two Types of Aggravated DWI

In New York, you can get a standard DWI for driving with a blood alcohol concentration (BAC) of .08% or more (a per se DWI) or while impaired by alcohol to a “substantial extent.” You can be convicted of a DWAI (driving while ability impaired), a less serious offense, if your ability to drive safely was impaired to “any extent” as the result of ingesting alcohol, drugs, or a combination of the two.

A DWI or DWAI generally can be charged as an aggravated DWI if you had:

  • a BAC of .18% or more, or
  • at least one child in your car who was 15 years old or younger (doesn’t apply for DWAIs involving only alcohol).

An aggravated DWI based on a BAC of .18% or more is a misdemeanor. However, where the aggravating factor was an underage passenger, the crime is a Class E felony.

Aggravated DWI Penalties

The penalties for an aggravated DWI are more severe than those for a standard first-offense DWI or DWAI. Here are some of the penalties compared:

First-Offense DWAI (involving only alcohol)

First-Offense DWI

First-Offense Aggravated DWI

  • Minimum 90-day license suspension
  • Fines of $300 - $500

  • Minimum 6-month license suspension
  • Fines of $500 - $1000

  • Minimum 1-year license suspension
  • Fines of $1000 - $2,500

Seek an Attorney’s Advice

Anytime you’re arrested or charged with DWI/DWAI, or any other crime, you should talk to a criminal defense attorney in your area. The facts of every case are different. A local attorney can explain how the law applies to the facts of your case and help you decide how you want to handle your situation.

Learn More

Follow the links below to get additional information about New York DWI/DWAI laws:

Last Updated: 4/13/2016

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