Any criminal offense that begins with the word “aggravated” exposes the defendant to the risk of much harsher punishment than the basic charge. Under New York state drunk driving law, a blood alcohol concentration of .18 percent or higher is the aggravating circumstance that can turn a basic charge into aggravated DWI.
Skilled New York Drunk Driving Defense Lawyers
For a free consultation about your options for defending an aggravated DWI charge in Westchester or Rockland counties, contact an experienced White Plains defense attorney for aggravated DWI defense at Greenspan & Greenspan. With offices in White Plains and New City, our law firm is convenient for residents of either county. Our familiarity with the local courts and charging practices also gives our clients an advantage toward a favorable outcome.
Call 914-290-4403 Or 845-617-5404 For A Free Case Evaluation
The penalties, even for a first-offense aggravated drunk driving conviction, are severe: mandatory license revocation for at least a year, up to a year in jail and a fine ranging from $1,000 to $2,500. Any second offense within a 10-year period can be charged as a felony with even more severe consequences.
Our approach to your defense will depend on the facts of your case. Because the evidence of extreme intoxication will be essential to a conviction, we will consider whether any mistakes in the blood or breath test might open the door to a defense based on weaknesses in the toxicology evidence against you. In some cases, we can also challenge the circumstances of the traffic stop or arrest in the effort to get the case dismissed.
Everyone should be aware of a new aggravating circumstance that can raise the stakes for the defendant in a drunk driving case. Leandra’s Law came into effect in December 2009, which makes even basic DWI a felony if there was a child under 16 in the car at the time of the arrest. The felony charge attaches to a first offense and exposes the defendant to the risk of prison for up to four years.
Contact Felony DWI Attorneys In Westchester County, New York
The advice of an experienced attorney can help you find the right defense to any aggravated DWI charge under New York law. For a free telephone consultation about your options, contact Greenspan & Greenspan in White Plains or New City.