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Aggravated DWI Queens New York NY
Filed under: Best NY DUI attorney, New York DWI attorney
Reader’s Question:
A friend of mine told me that his DWI case here in Queens, New York is an aggravated DWI. What can be considered an aggravated DWI in the state of New York?
Mariz
Queens, NY
Your friend must have a high blood alcohol content (BAC) that’s why he was charged with aggravated DWI in Queens, New York. Back in 2006, the state of New York passed a new law establishing an Aggravated DWI offense and this applies when the BAC is found to be 0.18% or higher. This aggravated DWI offense carries stiffer penalties, higher fines and the driver’s license consequences are more severe.
The most significant impact of the new law perhaps concerns plea bargaining. It is very common for a lawyer to get a Driving While Ability Impaired (DWAI) violation deal for someone charged with a DWI. DWI charge is a misdemeanor which is a crime while DWAI is only a violation, and is not considered a crime in the state of New York. It would be nearly impossible to get a plea deal to the DWAI violation with the aggravated DWI charge. The only offer would be a reduction to a misdemeanor DWI, and thus a criminal record.
Tags: drunk driving laws, DWI, DWI lawyer, DWI trial
