Aggravated DWI – VTL 1192.2-a – .18 BAC
According to New York criminal law, it is illegal drink and drive in the state. Driving while intoxicated is the act of operating a motor vehicle while in violation of the state’s blood alcohol concentration (BAC). BAC is the amount of alcohol in your bloodstream. To be in violation of the state’s DWI law, your BAC must be at 0.08 percent or higher. The higher your BAC level, the higher criminal penalties you face.
For instance, Aggravated DWI – VTL 1192.2-a outlines the criminal charge you face if you are accused of having a high BAC. According to the criminal statute, it is illegal to operate a motor vehicle in the state while intoxicated. The amount of alcohol in your bloodstream exceed the minimum percentage needed for a misdemeanor driving while intoxicated (DWI) charge.
Thus, the simple misdemeanor DWI is upgraded to an aggravated DWI.
The Elements of DWI with .18 BAC Level in New York
You are not guilty of aggravated DWI until a prosecutor is proves you committed the crime. They have the burden of prove beyond reasonable doubt. This means they cannot leave any doubt in the mind of the jury or judge regarding your guilt. To help prove guilt, prosecutors must go by elements, which is a guideline to help prove guilt. These elements are:
• You were operating a motor vehicle
• You were driving while intoxicated
• Your BAC level was 0.18 percent
Any element not proven will hinder the prosecutor’s case against you. The jury or judge may not believe you are guilty of aggravated DWI. Typical evidence a prosecutor will use includes your initial BAC test such as your breathalyzer. They may also use the chemical BAC result and the arresting officer’s testimony as evidence.
The Criminal Punishment for DWI with 0.18 Percent BAC is
The state separates criminal penalties by the amount of alcohol in your bloodstream at the time of a car accident or traffic stop. For instance, you can be accused of DWI evidence of being intoxicated with an 0.08 percent back you face six months revocation of your license, jail time and fines.
If you are facing DWI with .18 percent BAC, the penalties you face are:
• Up to one year in county jail
• One-year license revocation
• Probation for a maximum of three years
• A fine ranging from $1,000 to $2,500
• Attend a Victim Impact Panel
Other non-criminal penalties include additional financial penalties. For instance, you must pay a $250 assessment to the New York Department of Motor Vehicles for three years. You also must pay a surcharge to the criminal court in the amount of $395.
Another penalty includes having to add an ignition interlock device on your motor vehicle. The device is attached to your engine. It works by requiring you to blow into the device. If it does not detect alcohol on your breath, your vehicle starts.
An ignition interlock device is something you must pay to have installed and maintain. The device prevents you from driving while intoxicated. It also reports if you attempt to drive while intoxicated or have someone else use the device to start the vehicle for you.
Defenses to DWI with a .18 Percent BAC in New York
You have a lot of defenses available to you depending on the circumstances of your case. These defenses range from challenging the basis for the stop. If the police officer did not have probable cause to stop you, you may be able to get evidence suppressed. Other defenses include challenging the accuracy of the chemical testing and sobriety field tests.
We are Your Trusted New York DWI Attorneys
As you know, driving while intoxicated is not a simple matter. Even though you are facing a misdemeanor, you are facing jail time and revocation of your license. Now is the time to fight your criminal charge with trusted DWI attorneys.
We are ready to fight for you and prove your innocence. Let’s work together to resolve your DWI. Contact us for a free initial consultation where we will listen to what happened during your traffic stop and explain the defenses available to you. During your case, we will work to prepare for your trial and get the case dismissed.
Mar 31, 2020
May 17, 2018
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