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Aggravated DWI and its consequences

On Behalf of | Jul 14, 2020 | DUI/DWI

An aggravated criminal charge means that there were factors present that make the offense more serious than it would be otherwise. The state of New York imposes aggravated DWI charges if your blood alcohol concentration is over 0.18% or if you were operating a motor vehicle with a child in the vehicle 15 years old or younger. 

The latter charge is a provision of Leandra’s Law, passed in 2009. It gets its name from an 11-year-old who died in a collision as the passenger a friend’s mother, who was under the influence at the time. Aggravated DWI/Child in Vehicle is a Class E Felony. 

Ignition interlock device 

After a DWI conviction, any vehicle that you own or operate must have an ignition interlock device installed. Unless otherwise permitted by the court, it must remain in the vehicle for 12 months. You must provide a breath sample by blowing into the device every time you wish to drive. The device will not allow the vehicle to start if you do not provide a breath sample or if the device detects alcohol upon analyzing it. 

Ignition interlock restriction 

In addition to the IID installed in your vehicle, a DWI conviction also means an ignition interlock restriction on your driver’s license. While the restriction is in place, the words “interlock device” appear on the back of your license document. The restriction still appears on your record even after revocation of your license. 

However, the ignition interlock restriction does not necessarily last forever. Once you are eligible to have the restriction removed, you can apply for a new document without the restriction by filling out a form and submitting it to your local Department of Motor Vehicles office. You are eligible to remove the restriction when your ignition interlock monitor informs you that installation and maintenance of an IID in the vehicles you own or operate is no longer necessary.