Aggravated Driving While Intoxicated

Intoxicated driver

Aggravated Driving While Intoxicated (DWI) is a category of DWI but has higher penalties, different plea-bargaining restrictions and is considered a more serious crime than a regular DWI. New York State enacted a new law in 2007 that created the Aggravated DWI charge.

Aggravated DWI is a misdemeanor. If you are charged with it, you will most likely not be able to plead below a DWI misdemeanor.

Criminal Penalties for Aggravated Driving While Intoxicated

First Aggravated DWI: A first DWI offense, regardless of the results of the Breathalyzer test, is considered a misdemeanor. An offender could be sentenced to a jail term of up to one year, with probation for an additional 3 years. He or she could also be charged a fine ranging from $1,000 to $2,500 and have his or her driver’s license suspended for up to a year.

The offender may also be required to attend a Victim Impact Panel, which is a program designed to help offenders understand the effects of DWI.
Second Aggravated DWI: If a person commits a second Aggravated DWI within 10 years of his or her first one, he or she can be charged with a Class E felony. The offender can be sentenced to a jail term of up to 4 years and face a maximum fine of $5,000. In addition, his or her license can be revoked for up to 18 months.
Third Aggravated DWI: A third Aggravated DWI in 10 years is treated as a Class D felony. The offender can be sentenced to a jail term of up to7 years and face a fine ranging from $2,000 to $10,000. The offender’s license can also be revoked for up to 18 months.

Civil Penalties

An Aggravated DWI also carries civil penalties which may include a $250 per year DMV assessment for three years and a $395 court surcharge.
The offender will be required to install an Ignition Interlock Device (IID) in his or her car during probation or the conditional discharge period. An IID is a mechanism to prevent drinking and driving. This device requires the driver to breathe into it so that it can analyze the blood alcohol level. If the level is high, the car won’t start. Once the device is installed, it cannot be removed for 6 months. All charges for installation and maintenance are the offender’s responsibility.

Contact Us

If you or a loved one has been arrested and charged with a DWI or Aggravated DWI, you need to speak to our experienced DWI defense lawyers as soon as possible. We have extensive knowledge and the necessary experience and skills to handle any and all DWI charges. Our DWI defense lawyers will work to protect your rights and fight on your behalf to help you avoid a serious criminal conviction. Call 201-420-1913 or email

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