Aggravated DWI is the name for the charge filed against a driver whose blood alcohol concentration is allegedly .18 percent or higher. That is a little more than double the .08 percent reading necessary to support a regular DWI conviction. An Aggravated DWI can be charged as a misdemeanor or a felony - your BAC does not effect the level of charge.
Another factor that can elevate a regular DWI to an Aggravated DWI is if you have a BAC of .08% or above and also have a child passenger under 16. With a blood alcohol concentration as low as .08 percent, a driver arrested in this situation faces a felony Aggravated DWI charge, even on a first offense. To learn about your options for resolving an Aggravated DWI case, contact us at The Militello Law Firm for a free telephone consultation and case evaluation.
As in other DWI or DWAI situations, our first line of defense doesn't involve your blood alcohol level. Instead, we take a close look at the traffic stop and the arrest. If we can show that the officer had no good reason to pull you over, or no probable cause for the arrest, or that the checkpoint was illegal, we can argue for suppression of the evidence of intoxication and dismissal of the case.
In many cases, however, the facts won't support a challenge to the arrest and we won't find any mistakes in the breath or blood test evidence. In those cases, we use our experience in DWI defense to find holes in the prosecution's case against you. Even where the evidence against you is strong, we work toward avoiding jail time, excessive fines, or a driver's license revocation measured in years.
Call 585-485-0025 for more information about Aggravated DWI Charges.
If you are facing an Aggravated DWI charge, contact us at The Militello Law Firm for a free telephone consultation and case evaluation. We can help.