Consequences of a High BAC in New York

Accel Admin   April 3, 2019   Comments Off on Consequences of a High BAC in New York

When an individual is charged with Driving While Intoxicated (DWI) they may face very serious consequences. A DWI charge may be given if an individual is found guilty of driving with a blood alcohol concentration (BAC) over the legal limit of 0.08%. This may be determined through the use of a Breathalyzer or an Alcotest. If an individual has a high BAC of over 0.18%, they may face a different charge altogether. When this happens, a driver can be charged with aggravated driving while intoxicated (AGG DWI). Courts and judges in the state of New York are aggressive in combatting driving while intoxicated, especially those with such a high alcohol content. While the consequences for these crimes can vary depending on the offense, all consequences of AGG DWIs are severe.

First Offense Penalties

A driver facing their first AGG DWI may face a certain set of consequences, harsher than those of a regular DWI charge. Those convicted of aggravated driving while intoxicated may face the following penalties:

  • Fines from $1000 to $2500
  • Revocation of their 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 AGG DWI, they may be eligible for the Drinking Driver Program. This may allow a driver to keep their license on a conditional basis. If the program is not completed, the individual will fail probation and their conditional license may be revoked.

Second Offense Penalties

An individual charged with a second AGG DWI within 10 years of their first charge may face more serious penalties than their first offense. A second offense is considered a Class E felony in the state of New York. Those convicted of a second offense may face the following consequences:

  • Fines from $1000 to $5000
  • Revocation of their 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 required to attend the Drinking Driver Program.

Third Offense Penalties

It is a very serious offense if a driver is charged with a third AGG DWI. Also considered a Class E felony, New York courts act more aggressively towards these offenders. Penalties for such a third AGG DWI offense may include:

  • Fines from $2000 to $10,000
  • Revocation of their driver’s license for at least 18 months
  • The possibility of jail time up to 7 years
  • State surcharges and assessment fines

Just like their first and second offense, a third-time AGG DWI offender may be required by the court 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 Grunwald & Seman, P.C. to schedule a consultation and we would be happy to assist you.