NEW YORK, NY – Drivers facing aggravated DWI charges in New York confront some of the harshest penalties in the state’s alcohol-related offense structure, including elevated fines, extended license revocations, and the possibility of jail or state prison. Manhattan DWI defense attorney Rachel Kugel of The Kugel Law Firm (https://thekugellawfirm.com/what-is-aggravated-dwi-in-new-york-and-what-are-the-penalties/) is providing guidance on how aggravated DWI is defined, how it differs from standard DWI and DWAI, and what those accused can expect after an arrest.
According to Manhattan DWI defense attorney Rachel Kugel, aggravated DWI under New York Vehicle and Traffic Law Section 1192(2-a) applies in two distinct situations: when a driver’s blood alcohol concentration is 0.18% or higher, or when a person drives while intoxicated with a child age 15 or younger in the vehicle. “The aggravated label signals a meaningfully more serious charge, because the conduct is viewed as creating a greater risk to public safety,” Kugel explains. The high-BAC prong is treated as an enhanced misdemeanor for a first offense, while the child passenger prong is a Class E felony from the outset.
Manhattan DWI defense attorney Rachel Kugel notes that the BAC prong is a “per se” offense, meaning the chemical test result alone can establish the charge. Prosecutors do not need additional evidence of impairment, such as poor driving or failed field sobriety tests, when a test of breath, blood, saliva, or urine shows a reading of 0.18% or higher. Because 0.18% is more than double the 0.08% standard DWI threshold, the certification, calibration, and maintenance records for the testing device often become central to a defense…