Can a high BAC affect my DWI charge?



    Driving while intoxicated is taken seriously in New York state. Individuals can face a variety of charges that increase in severity based on the number of offenses. The blood alcohol content of an individual can also impact the penalties they face for a DWI. When drivers are charged with driving while intoxicated, they may face life-changing consequences. If it is found that their blood alcohol content was at 0.18% or higher, they may face even harsher circumstances. Drivers may be charged with aggravated driving while intoxicated. This is considered to be a very serious offense even worse than a DWI due to the higher BAC level, which indicates further impairment upon the driver’s motor skills.

    After a single offense of aggravated DWI, those charged may be subject to multiple penalties. These penalties may include fines up to $2,500 and possible jail time up to a year. Along with this, they may have their license revoked for a year. With these consequences, there may be additional surcharges and assessment costs added on. Some individuals may be eligible to be enrolled in the Impaired Driver Program and maintain a conditional license. However, this can require solid legal guidance to pursue. If individuals fail to complete the program, they may still have their license revoked.

    As offenses of DWI add up with a high BAC, individuals may face consequences that grow in severity. A second aggravated DWI charge may lead to the possibility of being convicted of a class E felony. Penalties may include fines up to $5,000 and jail time up to four years. The duration of license suspension may increase to 18 months. Some individuals may be required to attend the Impaired Driver Program at their own expense. If individuals do not complete the program, they may be considered in violation of their probation.

    When individuals are charged with DWI with a high BAC for the third time, they may face growing consequences. This may be considered a Class D felony due to the multiple offenses. Those who are charged may be subject to fines up to $10,000 and increased jail time up to seven years. Their license may also be revoked for at least 18 months. For these individuals, the Impaired Driver Program may also be a mandated course to participate in.

    If you are in need of experienced legal counsel for a criminal defense matter on Long Island or throughout New York State, please contact Grunwald & Seman, P.C. to schedule a consultation and we would be happy to assist you.

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