Leandra's Law | New York Aggravated DWI - Child in Car Another notable case is People v. Hayes, 118 A.D.3d 1301 (3d Dept. Call 845-566-5345 or contact us online today. If you are charged with DWI , Aggravated DWI, DWAI Drugs or DWAI Combined Influence after having been convicted of one of those offenses (or Vehicular Assault in the 1st or 2nd degree or Vehicular Manslaughter) TWICE within the past 10 years, you can be charged with a class D felony, and face the following potential consequences: If your predicate DWI convictions were within the past 5 years, you are subject to the following additional mandatory penalties: Realistically, however, if you find yourself in this situation you will likely be going to jail or prison for substantially longer than this required minimum period. 626 East Main Street As you may know, DWIs are among the most damaging traffic-related offenses that an individual can face, and in many cases, receiving a DWI will result in you losing your license, installing the ignition interlock device, paying high fines, and even going to jail. Facing criminal charges in New York State can be a scary and overwhelming experience. Motorists that are defined as dangerous repeat alcohol or drug offenders are subject to lifetime denial of relicensure. DWAI stands for driving with ability impaired by alcohol. A third or subsequent DWAI within 10 years is an unclassified misdemeanor. In New York, felonies are divided into groups according to severity. We have 216 New York DUI / DWI Questions & Answers - Ask Lawyers for Free - Justia Ask a Lawyer. Second and third offenders could find themselves with a class E or D felony and penalties as high as $10,000. A DWI is defined as driving with a blood alcohol content (BAC) of between 0.08 and 0.17 percent. In other scenarios, you may have strong evidence that the blood sample you provided and that showed a blood alcohol concentration of 0.08 percent or higher, was tainted. With aggravated offenses and subsequent offenses, the penalties can be much more severe, resulting in terms of imprisonment and substantially higher fines. A fine of between $1,000 and $2,500, up to 1 year in jail, or both; A fine of between $1,000 and $2,500, up to 1 year in jail, or both; A period of probation of 3 years; Discretionary revocation of your registration for at least 18 months; A fine of between $1,000 and $5,000, up to 4 years in state prison, or both; Revocation of your drivers license for at least 1 year. Whether a DWI or Aggravated DWI charge is reduced is up to the plea bargaining discretion of the District Attorney in the county where the . Back to Top. A DWI is reduced to a DWAI through what is called a "plea bargain." A plea bargain is worked out with a state prosecutor if the circumstances merit it. The first is when the state alleges that at the time you were stopped, your blood-alcohol content (BAC) level was at .18 percent or greater. Due to a glitch in the law, if you are convicted of DWAI Drugs you are not eligible for a conditional license, but you may be eligible for a restricted use license (which is very similar to a conditional license). A first or second offense is deemed a traffic infraction, while a third offense will lead to a misdemeanor. Read More: Can You Refuse a Breathalyzer or Chemical Test in New York State? 1311 Mamaroneck Ave Suite 340 White Plains, NY 10605 . If that is the case, DMV will not relicense you until you submit proof that this condition of probation has been removed; 10 days in jail or 60 days of community service; You must install an ignition interlock device in each motor vehicle you own or operate; during the license revocation period and upon the termination of such revocation period, for an additional period as determined by the Court; You must receive an alcohol or substance abuse assessment, which may result in the imposition of treatment as a condition of a sentence of probation or conditional discharge. Even a conviction for a first-time DWI offense can result in a sentence of up to one year in jail, a fine of up to $1,000, and a suspended drivers license for up to six months. The person is currently revoked for an alcohol- or drug-related driving conviction or incident. What is an Aggravated DWI in Queens, NY? - Sullivan & Galleshaw, LLP The consequences of DWAI Drugs are virtually identical to those of DWI, with a critical exception. . However, the court rejected this argument, finding that the officer had observed the defendant speeding and had reasonable suspicion to believe that the defendant had violated a traffic law. Simply stated, not everyone charged with DWI is guilty, not every arrest for DWI is lawful, and not every officer making DWI arrests is competent. In other words, DWAI Drugs is the same level offense as DWI, but you only need to be impaired not intoxicated to be convicted of this offense. In a plea bargain, the defendant agrees to plead guilty to a lesser charge in exchange for having the more severe charge dropped. 210 Great Oaks Boulevard A third DWAI is a third incident of drunk driving with a BAC of 0.05 to 0.07 percent. In short, everything that can be done in your defense will be done at our law firm. Aggravated DWI in New York | DWI TEAM Can a New York DWI Be Reduced? - CDH Law PLLC in Biomedical Engineering fromRensselaerPolytechnic Institute and a Ph.D. in Bioengineering from the University of Pennsylvania, where he focused on improving theunderstanding of musculoskeletal disorders. An individual who has three or four alcohol-related convictions without an SDO in a 25-year period can expect a drivers license denial for five years in addition to the statutory revocation period, followed by a relicense with a restricted license and required installation of an IID for five years. There are certain circumstances in which you are more likely to be offered a plea bargain than in others. Per Se Aggravated DWI, VTL 1192.2 (2-a), one of multiple Leandra's Law crimes including the felony drunk driving with a child in the car, is such an offense. Subsection (a) of Section 2-a pertains to driving with a BAC of .18 or higher. To prove this offense, the prosecution must present evidence that the driver's BAC was .18 or higher, which is typically done through chemical testing of the driver's blood, breath, urine, or saliva. National College for DUI Defense ("NCDD").*. This means its unlikely to have the negative long-term consequences that a DWI would have. We will exhaust every defense to get charges dismissed or reduced, or in representing you at trial. New York Aggravated DWI - All You Need To Know - East Coast Laws Aggravated DWI is a new category of DWI with stricter penalties and new plea-bargaining restrictions. If that motorist, being a licensee with an A2 restriction, is later revoked for a subsequent alcohol- or drug-related driving conviction or incident; that motorist shall thereafter be ineligible for any kind of license to operate a motor vehicle, i.e., lifetime revocation. If there were no ability whatsoever to reduce a charge outside of a legislatively imposed plea bargaining restriction, such restriction would be illegal. Confidential or time-sensitive information should not be sent through this form. Aggravated DWI in NY - DWI Lawyer Rochester NY: Wisner & Wisner, LLP Aggravated driving while intoxicated is People v. Heitzman, 130 A.D.3d 1255 (4th Dept. An aggravated-DWI is punished more harshly than other impaired driving offenses. Aggravated Per Se DWI: NY VTL 1192.2(2-a) | New York DUI Lawyers Drivers with a Blood Alcohol Content (BAC) of 0.18 or higher. A driver with an Aggravated DWI violation conviction within the prior 10 years will receive a minimum 18-month revocation if convicted of DWI, DWAI/Drugs or DWAI/Combination. Fax: (518) 456-6056 In short, many DWI cases are reduced or dismissed every year, and it is certainly possible to seek a dismissal of the charges against you, a reduction in the charges, or even entrance into a diversionary program. Jail for up to one year. Fax: (518) 456-6056 This website and its owners assume no liability or responsibility for any error or omission in the information contained in the website or the operation of the website. As bad as any DWI arrest in New York may be, a felony charge for committing Aggravated DWI, VTL 1192(2-a)(b), is likely the most serious and egregious drunk driving offenses NY DUI attorneys defend. A DWI charge can sometimes be reduced to a DWAI if a plea bargain can be worked out. The defendant consented to a breathalyzer test, which revealed a BAC of 0.19%. Repeat offenders with a prior aggravated DWI conviction can be forced to implement an ignition interlock system and are much more likely to face inflated fines and lengthier license suspensions. An out-of-state DWI or DUI is likely to count as a prior DWI in New York State when the out-of-state offense involves driving with a BAC of 0.08 to 0.17 percent. Jessica Zimmer is a journalist and attorney based in northern California. If charged with aggravated DWI under 2-a(b), in violation of Section 1192.2-a of the New York Vehicle and Traffic Law, it is important to contact an experienced DWI attorney serving New York as the consequences of a conviction can be severe and may include significant fines, license suspension, and even imprisonment. To be clear, a DWIeven for a first-time offenderis a misdemeanor offense that, upon conviction, will result in a criminal record. Your message has failed. DWAI is not a misdemeanor, it is a violation. A driver who has three or more alcohol-related convictions or refusals within 10 years can expect a permanent drivers license revocation with a waiver request permitted after at least five years. Having a criminal record can prevent you from obtaining certain forms of employment and credit, in addition to many other civil consequences. You will be more likely to be offered a plea bargain if there are no aggravating factors associated with your cases, such as a prior DWI arrest, high blood alcohol level, or an accident, to name a few. Depending upon whether you are facing a first-time offense, whether you are facing aggravated DWI charges, and whether anyone was injured in an accident that resulted in your, In some DWI cases, your lawyer may be able to get you into a pre-trial diversion program. Robert King Law Firm values his expertisein the medical field. This may include increased fines, longer license revocation periods, and possibly even felony charges, depending on the circumstances of the case. If you are convicted of DWAI after having been convicted of DWAI, DWI, Aggravated DWI, DWAI Drugs or DWAI Combined Influence within the past 5 years (the 5 years runs from the date of the prior conviction to the date of the present charge), you face the following potential consequences: You will not be eligible for a conditional license. Often, this is most possible when a good attorney is able to find serious legal issues with you case. If less than 21 years of age, revoked at least one year or until age 21 (longest term). The individual must pay the cost of supervised probation, for urine tests taken during probation and for the cost of an IID. As a violation, aDWAI can still lead to as much as 15 days in jail and up to $500 in fines. If the out-of-state DWI, DUI, aggravated DWI or DWAI was a first or second offense and involved the expungement or sealing of records in another state, New York is still likely to count that alcohol-related offense as a prior offense. A DWI is a misdemeanor offense and is considered to be a criminal charge. New York First Offense DWAI and DWI Laws | DuiDrivingLaws.org Regardless of the severe consequences outlined below, a lawyer might be able to mount an effective defense so the charges can be decreased or even dismissed. Critically, however, the law does permit a plea bargain outside of this policy where the District Attorney determines that there is good cause for doing so (for example, if the stop was bad, if the arrest was bad, if key evidence is lost or suppressed, if a key witness is unavailable, if there are serious problems with the officers paperwork, if there is a speedy trial problem, if there is some other serious problem with the case, etc.). In many DWI cases, it is clear that the defendants rights have been violated in some capacity, or there is another clear defense strategy that can allow the defendant to beat those charges. Can You Refuse a Breathalyzer or Chemical Test in New York State? This enhanced Driving While Intoxicated or Driving Under the Influence misdemeanor involves a BAC of .18 or greater and exposes you to far more significant penalties at your sentencing. For example, many District Attorneys Offices will not offer a reduction to DWAI if the person had a BAC over a certain level (e.g., .13%), if the person refused to take a Breathalyzer test or a blood test, if there was an accident, if there was a child in the car, if the person was obnoxious to the police, if the person resisted arrest, etc. She has practiced in a wide variety of fields, including criminal defense, property law, immigration, employment law, and family law. Under New York law, if your BAC is .18% or higher, you will be charged with aggravated driving while intoxicated (AGG-DWI). With attorney Michael Litman defending his clients since 2007, we have the knowledge and the experience to help with all your DWI charges. Disclaimer | Privacy Policy | Terms. Jail sentences can again be up to seven years.