A first-time DWI conviction in New York is punishable by a maximum $1,000 fine, driver’s license suspension for a minimum of six months, and a jail sentence not exceeding one year. However, if a DUI and DWAI arrest involves any aggravating factors, it can lead to more severe penalties and even a felony charge.
Blood Alcohol Content (BAC) of .18% or More
To get arrested for a DWI in New York, a driver must have a BAC level of at least .08 percent. When a driver’s BAC is at least .18 percent—more than twice the legal limit—he/she will be charged with an aggravated DWI.
This type of aggravated DWI is a misdemeanor offense, which carries a maximum $2,500 fine and driver’s license suspension for a minimum one year. The maximum jail term of one year remains the same as a regular DWI.
Driving with a Child Passenger in the Vehicle
When a driver is arrested for drunk driving with a minor who is at least 15 years old in the vehicle, he/she will be charged with an aggravated DWI. Rather than a misdemeanor, this aggravated DWI is a Class E felony offense, punishable by a prison sentence of up to four years, maximum $5,000 fine, and driver’s license suspension for at least one year.
If you have been charged with an aggravated DWI in New York, let Martin A. Kron & Associates, P.C. help you secure the most favorable outcome possible in your case. With more than 30 years of legal experience, we can assess your case, determine your available legal defenses and options, and help you avoid conviction or get your charges reduced.
Do not hesitate to contact us today at (212) 235-1525 and schedule a free consultation.