Experienced And Aggressive Defense Aggravated Drunk Driving Charges

If you have been arrested for aggravated driving while intoxicated (DWI), contact James Kleinbaum Attorney At Law P.C. in Chatham. At our firm, we provide experienced and aggressive representation on behalf of clients charged with drunk driving. Founding attorney James E. Kleinbaum handles each case at our firm personally. He has more than 25 years of legal experience and has handled hundreds of DWI cases, including many aggravated DWI charges.

If retained to handle your case, we will aggressively challenge the evidence offered by the state, including the evidence obtained from your breath test, urine test or blood test. We will question the results of any field sobriety test and raise any constitutional defenses that may be appropriate in your case.

What Are The Consequences Of An Aggravated DWI Conviction?

In the state of New York, a person driving with a .18 blood alcohol content (BAC) or higher may be charged with aggravated DWI. These are the penalties for aggravated DWI as stated in New York’s Vehicle and Traffic Code at Section 1993:

1. A first aggravated DWI offense is punishable by up to one year in jail and a maximum fine of $2,500.
2. A second aggravated DWI in 10 years is punishable by up to four years in jail and a $5,000 fine.
3. A third aggravated DWI in 10 years is punishable by up to seven years in jail and a maximum fine of up to $10,000.

Anyone convicted of aggravated DWI faces a mandatory 12-month driver’s license revocation. For a second aggravated DWI, the mandatory revocation is 18 months.

The repercussions of a conviction for aggravated DWI can linger beyond the initial consequences of exceeding the legal limit of alcohol. This can affect various areas of life, often for years. Some of the lasting impacts a DWI conviction can impose on your life include:

• Permanent criminal record: Aggravated DWI convictions cannot be expunged in New York. That means the record remains accessible to potential employers, landlords and police officers who are conducting background checks. This can limit employment opportunities, housing options and certain volunteer roles, potentially impacting income and quality of life.
• Challenges in employment: A DWI conviction can create barriers for those seeking jobs, especially in positions requiring trust or roles requiring motor vehicle operation. Many employers view a DWI unfavorably, which can restrict job opportunities, impact career growth and lead to a diminished long-term income potential.
• Increased auto insurance costs: Insurance premiums rise following a DWI conviction, with rates staying elevated for three to five years or longer. Some insurers may deny coverage entirely, limiting options and leaving individuals facing higher expenses due to fewer
• Professional license and career impact: Professionals with specialized licenses, such as commercial drivers, healthcare workers or attorneys, may face license suspension or revocation following a DWI conviction. This can disrupt career stability, diminish professional reputations and lead to significant financial strain.
• Family and immigration implications: A DWI can affect custody arrangements and family dynamics, particularly if substance-related issues recur. For non-citizens, a DWI may jeopardize immigration status, complicating visa renewals or leading to deportation in serious cases.
• Social stigma and community impact: A conviction carries a social stigma, affecting personal relationships and community involvement, as some may view the offense as a serious character flaw.

The long-term effects of an aggravated DWI conviction in New York can reach into financial, professional and social areas of life. Seeking guidance from a DWI law firm can help you understand these impacts and explore possible ways to mitigate the lingering effects.

Can An Aggravated DWI Be Dismissed?

Yes, an aggravated DWI (Driving While Intoxicated) charge can be dismissed in New York. However, achieving this outcome requires the skill and knowledge of an experienced criminal defense attorney.

Aggravated DWI charges are more serious than standard DWI due to factors like having a Blood Alcohol Content (BAC) of 0.18% or higher or driving under the influence with a child in the vehicle. Despite the severity of these criminal charges, some legal defenses and strategies can lead to a dismissal or reduction of the charges.

A felony DWI attorney will:

• Analyze the details of your arrest.
• Investigate whether law enforcement followed proper procedures, such as whether there was reasonable cause for the traffic stop or if the breathalyzer test was administered correctly.
• Check if procedural errors or violations of your rights could suppress evidence, which could lead to the dismissal of the case.

One potential defense is challenging the accuracy of the BAC test. Breathalyzers are not infallible, and factors like improper calibration or health conditions could skew results. A criminal defense attorney may also challenge the legality of the traffic stop itself. If the officer lacked probable cause, the court may rule that any evidence gathered is inadmissible.

Even if dismissal is not achievable, there are other ways to reduce the impact of an aggravated DWI. A skilled attorney could negotiate a plea deal that reduces the charge to a lesser offense, such as a standard DWI, which carries lighter penalties. This could help avoid a felony charge and prevent a permanent criminal record.

An aggravated DWI conviction can lead to severe consequences like license suspension, hefty fines and jail time. Having an experienced felony DWI attorney on your side can make all the difference. This can help ensure your rights are protected and explore every possible avenue to fight your charges.

Do Not Plead Guilty Before Consulting An Attorney

An experienced DWI defense lawyer may be able to get an aggravated charge reduced to a lesser offense. This is critically important because an aggravated DWI charge results in a one-year driver’s license revocation and will typically result in jail time. If we can reach an agreement with the prosecution to allow you to plead to a standard misdemeanor DWI offense, you may avoid jail time altogether and the length of your driver’s license revocation will be significantly reduced. In addition, you may be eligible for a conditional license after participation in a Drinking Driver Program (DDP).

Speak With A DWI Lawyer To Protect Your Rights

To learn more about your rights and your options, contact James Kleinbaum Attorney At Law P.C.. We represent clients statewide throughout New York, including Columbia, Greene, Dutchess, Rensselaer and Albany counties. To request an initial consultation, call us toll-free at 888-SPEEDTX or send us an email.