Call
Quality Legal Representation Serving
The Chatham, New York, Area

The best approach to an aggravated DWI charge

On Behalf of | Jan 13, 2021 | DUI/DWI

Prosecutors are incredibly aggressive when it comes to aggravated DWI charges. At James Kleinbaum Attorney at Law P.C., we understand what you are up against and know that you need to mount a proper defense to protect yourself from harsh punishment. 

You will want to ensure that you approach your defense properly. Whether you wish to completely deny charges or find a way to reduce the charges, you need to first understand what an aggravated DWI charge means. 

Definition

In New York, an aggravated DWI is possible if you had a blood alcohol content level that was at .18 or higher. The first time you face this charge, you could get a fine of up to $2,500 and one year in jail. The penalties increase if this is a subsequent charge. You will also lose your driver’s license for at least a year. 

Defense

Putting together an adequate defense can enable you to avoid the harshest penalties, but you have to be able to prove your case in court. One of the best approaches to your defense is to question the evidence. The test you took that gave the results requires scrutiny for any type of errors. In addition, if you did field sobriety tests, you should also look into those for issues. 

You may also be able to mount a defense based on your constitutional rights. It is also possible that you can negotiate with the prosecutor to reduce the charges and avoid jail time. 

To discover more about the laws surrounding DWI charges and criminal defense, please visit our website.