At the Westchester County based Law Office of Mark A. Siesel in White Plains, New York, we have monitored the effect of the 2006 changes in the DWI laws and how these amendments have severely increased the penalties for all drivers charged with DWI in the State of New York. This is particularly true for those charged with DWI with prior drunk driving convictions on their record and those charged with Aggravated DWI. With regard to Aggravated DWI, this is an entirely new charge that did not exist prior to November of 2006. To be charged with an aggravated DWI, the driver must have a BAC (blood alcohol concentration) of 0.18% or higher. If convicted or pleading guilty to an aggravated DWI charge, the fines with surcharge are well over $1,000, and the motorist’s driver’s license will be revoked for at least one year. Thus, it is imperative that you have attorneys who have the experience, skill and knowledge to challenge an aggravated DWI charge and determine if a trial is warranted or plea to a lesser charge available and advisable.
Representing Clients Charged With Aggravated Drunk Driving
In addition to 0.05% to 0.07% blood alcohol concentration for a Driving While Ability Impaired (DWAI) charge and 0.08% BAC for a DWI, in November of 2006, the New York State legislature enacted a new category of DWI offense under the Vehicle & Traffic Law Section 1192 (2-a) Aggravated DWI, for those drivers with a BAC of 0.18% or above. If you are charged with having a BAC of 0.18% or greater, the penalties increase in their severity. At the Law Office of Mark A. Siesel, we aggressively and effectively defend all of our clients charged with DWI, and will do everything possible to obtain the best possible outcome for our clients.
Minimal Options and Severe Consequences
Clients once eligible for the reduced charge of DWAI "Driving While Ability Impaired” now find themselves stripped of that option when charged with aggravated drunk driving or multiple offenses. Potential jail time is increased. Instead of a driver's license suspension under the reduced DWAI charge, your license is automatically revoked with the more severe charges of Aggravated DWI and multiple offenses. Additionally, convictions can have a negative impact on job applications. The effects of the new laws make it essential that you have the services of experienced, seasoned and knowledgeable litigators on your behalf.
Any type of DWI charge requires representation by an experienced DWI lawyer. However, this is even more critical when you are charged with an aggravated DWI. This is a misdemeanor or felony charge which carries with it substantial fines, the revocation of your driver’s license for at least one year, and the possibility of jail time. Additionally, there is the distinct possibility of the effect on employment or job prospects, and the almost certain increase in insurance premiums by the automobile insurance company. The potential consequences in attempting to fight the charges with a less experienced attorney are too extensive. To obtain more information or to schedule an appointment with an experienced lawyer, please contact us.