What Are the Consequences of Driving with a High BAC in New York?

When a driver is charged with Driving While Intoxicated (DWI), they may be subject to serious penalties for their actions. A DWI charge may be given if a driver is guilty of operating a vehicle with a blood alcohol concentration (BAC) over the legal limit of 0.08%. A person’s BAC can be determined through a Breathalyzer or an Alcotest. If a driver is found with a high BAC over 0.18%, they could be facing an entirely different charge. In the event of this, a driver can be charged with aggravated driving while intoxicated (A-DWI). The state of New York is aggressive in penalizing those who drive while intoxicated, even more so drivers with such a severe blood alcohol content. While the consequences for these crimes can vary depending on the offense, all consequences of A-DWIs are harsh.

First Offense Penalties

A driver charged with their first A-DWI may face a certain set of consequences. These consequences are more severe than regular DWI charges. Those who are convicted of aggravated driving while intoxicated may face the following:

  • Fines up to $2500
  • A revoked driver’s license for at least 1 year
  • The possibility of jail time up to 1 year
  • State surcharges and assessment costs

When an individual is charged with their first A-DWI, they may be required to participate in the Drinking Driver Program. This may allow a driver to have a conditional license, allowing them to drive under certain circumstances. Failure to complete the program may result in their conditional license being revoked.

Second Offense Penalties

If a driver is charged with a second A-DWI in 10 years of their first charge, their penalties may be more serious than those of their first offense. A second A-DWI charge is considered a Class E felony in the state of New York. These individuals may face the following consequences:

  • Fines up to $5000
  • A revoked driver’s license for at least 18 months
  • The possibility of jail time up to 4 years
  • State surcharges and assessment costs

A second-time offender may also be eligible for the Drinking Driver Program.

Third Offense Penalties

If an individual is charged with a third or subsequent A-DWI, it is taken very seriously. This offense is also considered a Class E felony. Penalties for a third A-DWI offense may include:

  • Fines up to $10,000
  • A revoked driver’s license for at least 18 months
  • The possibility of jail time up to 7 years
  • State surcharges and assessment fines

Similar to previous offenses, a third-time A-DWI offender may be required to complete the Drinking Driver Program.

Contact our Firm

If you have been charged with aggravated driving while intoxicated and wish to speak with an experienced attorney, contact theLaw Office of Kevin T. Conway today.

Kevin T. Conway has over 30 years of experience as a Spring Valley criminal attorney handling DUI, DWI, traffic violations, violent crimes, sex crimes, illegal gun possession, shoplifting, and juvenile crimes. Attorney Conway is also experienced in commercial law matters, zoning law, and estate planning. If you need a Rockland County criminal lawyer, contact our Spring Valley office for a free consultation.