Prosecutors take aggravated DWI charges seriously and seek harsh punishments upon conviction. A conviction could affect you for longer than you imagine. If you were charged with aggravated DWI, you should discuss your situation with the experienced, aggressive, and dedicated White Plains DWI lawyers at the Law Office of Mark A. Siesel. Mr. Siesel has more than 35 years of experience in the courtroom and can explore every angle of your defense. We may be able to raise constitutional or procedural differences or call attention to a medical condition that impacted test results. Additionally, people’s bodies process alcohol differently. Your impairment will be impacted not only by the number of drinks you consumed, but also your sex, weight, and food consumption.Aggravated Driving While Intoxicated
To secure a conviction for aggravated DWI, the prosecutor will need to show beyond a reasonable doubt that you were operating a vehicle while your blood alcohol content (BAC) was at least 0.18%. The legal limit for a standard DWI is .08%. When an officer pulls you over, the arresting officer may ask you to take a Breathalyzer.
After being arrested, you may be asked to take a chemical test of your blood, breath, or urine at the police station. For the test to be admissible, appropriate procedures must have been followed by the officers and the lab. In some cases, our White Plains lawyer may find it appropriate to challenge the chemical test results in a pretrial motion.Jail and Fines
You can face up to a year in jail if you’re convicted of first offense aggravated DWI. Moreover, the mandatory fine for aggravated DWI is $1,000 - $2,500. Your license will be revoked for at least a year. You should be aware that if this is your second or subsequent conviction in 10 years, you could be charged with felony aggravated DWI. You could be facing years in prison along with substantial fines and loss of your license for 18 months or more.Implied Consent for Breath Test
The state’s implied consent law provides that if you’re arrested for DWI with probable cause, you have automatically consented to a chemical test to determine your BAC. You should be aware that certain aspects of the law in New York have recently changed. In the past, you may have been able to refuse to take a breath test. However, now, in Westchester County, the prosecutor will not negotiate if you refused the test. When you refuse a test, you can be fined, and your license will be automatically suspended for a year.MADD Victim Impact Meetings
The sentencing court may place you on probation as part of a sentence for aggravated DWI. As a condition of probation, the court may impose a sentence that includes the requirement that you go to a MADD victim impact meeting. Started by the wife of Andy Sears, a lawyer killed by a drunk driver in a head-on collision, these meetings involve the participation of victims of drunk driving as well as drunk drivers.TASC
You may also be required to get a clean bill of health as part of your sentencing. TASC, short for Treatment Alternatives for Safe Communities (TASC) is an organization that helps the court monitor whether you’re going to substance abuse treatment as required under your sentence for DWI or aggravated DWI. Initially, the representative for the organization asks questions to determine an appropriate treatment program; the program must be approved by the Office of Alcoholism and Substance Abuse Services.Ignition Interlock Device
As part of your sentence, you may need to install an ignition interlock device (IID) on your car at your own expense for 12 months. The device requires you to take a breath test before starting your car. It will stop you from starting the car’s engine if your blood alcohol concentration is .025% or higher. The car will only start if you pass the test. You may need aggressive representation from our White Plains attorney if you fail to install the IID as the court requires because you’ll face charges in addition to the initial aggravated DWI charge.Leandra’s Law
If you’re caught with a minor riding as a passenger while you’re under the influence, you could be charged under Leandra’s Law. This law was named after an 11-year-old who was killed while riding with a friend’s intoxicated mother. After this tragedy, lawmakers amended the Vehicle and Traffic Law so that prosecutors can charge a Class E felony for first-time offenders who drive while intoxicated or impaired, with a passenger who is up to 15 years old could be charged with a Class E felony. These felonies can be punished by a maximum of 4 years in prison. Additionally, your license will be automatically suspended during your criminal case if you are charged under this law. If you drive while intoxicated or impaired by drugs and cause a child passenger’s death, you could be charged with a Class B felony that is punished by a maximum of 25 years in state prison. You can be charged with a Class C felony if you drive while intoxicated and cause a severe bodily injury.Hire a White Plains Attorney for Your Aggravated DWI
You should take aggravated DWI charges seriously. The penalties are harsh, and a conviction could haunt you down the road. But there are defenses we may be able to raise. If you were charged with aggravated DWI, you should call seasoned White Plains DWI defense lawyer Mark Siesel. With 35 years of experience litigating cases in court, he is well-positioned to defend you and your interests against serious DWI charges. He represents clients in Brooklyn, Queens, and the Bronx, along with Westchester, Putnam, Kings, Orange, Dutchess, Sullivan, Rockland, or Ulster Counties. Contact us at (914) 428-7386 or complete our online form.