Aggravated DWI in New York

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Are you facing charges aggravated DWI charges for driving while intoxicated in New York?

This a serious charge that our DWI / DUI defense lawyers can defend you against. Our entire practice is dedicated to representing drivers accused of traffic crimes and infractions such as aggravated driving while intoxicated, DUI, New York VTL § 1192(2-a)(a). If you have been arrested for aggravated DWI, call us at Palumbo & Associates to speak to an experienced aggravated DUI defense attorney.

Enacted in November, 2006, persons whose blood alcohol content (BAC) is .18 or more are charged under this enhanced penalty statute. It calls for a fine of not less than $1,000, up to 1 year in jail, or both. A conviction also requires that the person install an ignition breathalyzer interlock on their vehicle for the term of probation. For operators of taxicabs or commercial motor vehicles the stakes are even higher. DUI charges while operating such vehicles are now felonies.

There are also significant plea bargaining restrictions when charged with aggravated DWI. The prosecutor is prohibited from offering a plea to the non-crime DWAI and may only offer a plea to the misdemeanor of non-aggravated DWI. This is why it is so important to have Palumbo & Associates, P.C. on your side fighting your case.

DWI Probation

The worse thing about being convicted of aggravated DWI is the fact that if you are not sentenced to a prison sentence it carries with it a mandatory term of 3 years DWI probation if you do not get prison time. On its face it seems like a good deal. However, it is far from a good deal. DWI probation is designed to make you fail. Our DUI defense lawyers strive to avoid DWI probation for our clients at all costs.

In a regular, non aggravated DWI or DWAI sentence it is the DMV and not the probation department that determines when you get your license back. If you are sentenced to DWI probation it is the probation department that makes that determination, and they generally will not allow you to get your license back for the full 3 years whereas you could have re-obtained your license from the DMV upon completion of the NYS DMV DDP program.

Other terms and conditions of DWI probation are as follows:

  • The Probation Officer is allowed to visit you unannounced at your home or job.
  • You cannot leave the county without permission from probation.
  • You cannot be out of your home after midnight without prior consent from probation.
  • You cannot, at any time, drink or even be in a bar or the bar section of a restaurant.
  • In some cases, you can be prohibited from even going to a restaurant that has a liquor license.
  • You give up your constitutional right to a search of your premises without a warrant and / or probable cause. This includes your person, vehicle, personal property, residence, and any area in your control such as your work space.
  • You will be required to place an ignition interlock on your vehicle in the unlikely event that you are granted driving privileges while on probation.
  • You must submit at any time to chemical testing of your breath, blood, urine, or saliva.
  • You will be compelled to successfully complete any directed counseling at your expense.
  • You must both have a job and maintain employment, be diligently looking for a job, or be enrolled in college or vocational training. If you have a job you cannot quit or change employment without probation approval.
  • You cannot own any weapons, even if you have a permit for same.

The Next Step

If you have been charged with DWI or Aggravated DWI this is a serious matter. Pick up the phone today and call us for a no cost, no obligation phone consultation.