Is Aggravated DWI a Felony in NY?
Understanding DWI Laws in New York
Driving While Intoxicated (DWI) is a serious offense in New York, and the state has a zero-tolerance policy when it comes to drunk driving. A DWI conviction can lead to severe penalties, including fines, jail time, and a criminal record. In this article, we will explore whether Aggravated DWI is a felony in New York and what the implications are for those who are charged with this offense.
What is Aggravated DWI?
Aggravated DWI, also known as DWI with a BAC of.18 or higher, is a more serious version of a standard DWI. In New York, a person is considered to be driving while intoxicated if their blood alcohol concentration (BAC) is.08 or higher. However, if a person’s BAC is.18 or higher, they can be charged with Aggravated DWI, which is a more serious offense.
Is Aggravated DWI a Felony in NY?
The answer to this question is yes. Aggravated DWI is a Class E felony in New York. This means that a conviction for Aggravated DWI can lead to more severe penalties than a standard DWI conviction.
Penalties for Aggravated DWI in NY
The penalties for Aggravated DWI in New York are as follows:
- Fine: $1,000 to $2,500
- Imprisonment: Up to 4 years
- License Suspension: 1 year
- Ignition Interlock Device (IIDs): Required for 1 year
- Criminal Record: Yes
What is the Difference Between Aggravated DWI and Standard DWI?
There are several key differences between Aggravated DWI and standard DWI in New York:
- BAC Level: The BAC level required for a Aggravated DWI conviction is.18 or higher, while the BAC level required for a standard DWI conviction is.08 or higher.
- Penalties: The penalties for Aggravated DWI are more severe than those for standard DWI.
- Criminal Record: Aggravated DWI is a felony, while standard DWI is a misdemeanor.
- License Suspension: The license suspension period for Aggravated DWI is 1 year, while the license suspension period for standard DWI is 6 months to 1 year.
Defenses Against Aggravated DWI Charges
While Aggravated DWI is a serious offense, there are several defenses that a lawyer can use to challenge the charges:
- BAC Level: If the BAC level was below.18, the lawyer can argue that the client was not driving while intoxicated.
- Police Conduct: If the police conducted an illegal traffic stop or search, the lawyer can argue that any evidence obtained as a result of the stop or search should be suppressed.
- Challenging the Breathalyzer: If the breathalyzer test was administered incorrectly or the machine was not properly maintained, the lawyer can challenge the accuracy of the test results.
- Mistaken Identity: If the police have mistaken the client for someone else, the lawyer can argue that the client was not the one driving the vehicle.
Table: Penalties for Aggravated DWI and Standard DWI in NY
| Aggravated DWI | Standard DWI | |
|---|---|---|
| Fine | $1,000 to $2,500 | $500 to $1,000 |
| Imprisonment | Up to 4 years | Up to 1 year |
| License Suspension | 1 year | 6 months to 1 year |
| Ignition Interlock Device (IIDs) | Required for 1 year | Required for 6 months |
| Criminal Record | Yes | No |
Conclusion
Aggravated DWI is a serious offense in New York, and a conviction can lead to severe penalties, including imprisonment and a criminal record. It is important to understand the laws and penalties surrounding Aggravated DWI and to seek legal advice if you have been charged with this offense.
