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What is an Aggravated DWI in New York?

Posted by Tilem & Associates, PC || 21-Jan-2017

If you are arrested for DWI while driving in New York, depending on the circumstances, your charges could be bumped up to an aggravated DWI, which is a more severe criminal charge. In this blog, our White Plains DWI lawyers explain how you can get an aggravated DWI in New York and what the penalties.

Two Aggravating DWI Factors in NY

In New York and nationwide, you can be charged with DWI if you are driving with a BAC of .08% or above or if you are found to be substantially impaired by alcohol or drugs such that you are unable to properly operate your motor vehicle.

Aggravating DWI circumstances include one or both of the following:

  • Tested BAC of over .18% or more
  • Driving with a child under the age of fifteen

Penalties for Aggravated DWI

If you are charged with aggravated DWI on your first offense, you could be fined up to $2,500 and face up to 1-year license suspension. Aggravated DWI’s with BAC over .18% are considered misdemeanors, however, if you were arrested while driving with a child, you could be convicted of a class E felony.

Were You Arrested for DWI?

If you have been arrested for DWI in White Plains, NY it is imperative you contact a skilled attorney as soon as possible to help you with your case. DWI cases can be complex, as you have to manage both the criminal penalties, court dates, and cases as well as the administrative DMV hearings. When you choose to work with an attorney experienced in matters of criminal law, you can rest easy knowing your future is safe. Get legal help now! Call Tilem & Associates, PC.