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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 aggravating factor recognized in New York law is DWI with a child passenger under 16, as reflected in the recent enactment of Leandra's Law. 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 our attorneys can show that the officer had no good reason to pull you over, or no probable cause for the arrest, 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 as defense lawyers to find the reasons that will support a break from the prosecution or the court. Even where the evidence against you is strong, we work toward avoiding jail time, excessive fines, or a driver's license suspension 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.