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Aggravated New York DWI

Reader’s Question:

My father was charged with aggravated DWI here in New York. What can be considered as an aggravated DWI and what are the penalties? Will he be able to have a plea bargain with this kind of offense?

Ryan

Babylon, NY

There are actually three levels of intoxication that an individual can be charged with DWI in New York State. Driving while ability impaired or DWAI is generally thought to be for a blood alcohol content (BAC) between 0.05 and 0.07 percent. This is not completely accurate because those BAC levels do not necessarily make a person guilty of DWAI.

Driving while intoxicated or DWI generally refers to a BAC of 0.08 to 0.17 percent. The state of New York also has a common law DWI offense that is not defined by the BAC. This is important in cases where the defendant refused to blow into the breathalyzer or where there was a problem with the machine.

In New York, an individual can be charged with an aggravated DWI offense if the BAC is over 0.18 percent. The range of fees is also different and higher than that of a normal DWI offense. I could be from $1000 to $2500. With assessments and other charges, it could go over $3000. The license revocation could last for one year.

An aggravated DWI charge affects plea bargaining. Lawyers could negotiate simple DWI charges down to a reduced charge of DWAI in most cases. Generally, this is still true for cases where the BAC is below 0.18 percent. But since your father was charged with aggravated DWI, it is now almost impossible to negotiate the charge down to anything less than DWI.