What is Considered a High BAC in New York?



    It is common knowledge that it is illegal for anyone to operate a vehicle while they are under the influence of alcohol or drugs. It is because of this that DWI charges in the state of New York are taken very seriously. However, these charges can worsen significantly when a person has a high BAC and receives an aggravated driving while intoxicated (AGG DWI) charge. This can occur if a driver’s blood alcohol concentration was .18% or higher. When facing these charges, it is crucial to retain the services of an experienced New York DWI defense attorney for assistance protecting your future. 

    What are the Consequences of an AGG DWI in New York?

    When a driver in New York is charged with driving while intoxicated, they can face severe consequences as a result. As it is a more serious charge, an individual facing an AGG DWI charge can be subject to harsher consequences. They have the potential to impact a person’s reputation and future. These penalties can vary depending on the nature of the offense. The consequences of a first-time offender are very different than that of a person who has previously been charged. This can include the following:

    • A minimum fine of $1000 and a maximum fine of $10,000
    • Drivers license revocation for one year or longer
    • Potential jail time between one to seven years
    • State surcharges and assessment costs
    • Completion of the Drinking Driver Program
    • A Class E felony charge for second, third, or subsequent offenses

    DWI Defenses in New York

    With the assistance of a skilled attorney, it is sometimes possible for an individual’s charges to be mitigated or dropped. This may be the case with any of the following defenses:

    • An unlawful stop: Police officers are required to have probable cause when stopping a driver. If they did not, it is considered an unlawful stop. When this happens, the evidence received from the stop may be unusable in court. 
    • Field sobriety tests: Officers often use field sobriety tests to determine if a driver is under the influence. If the tests were not administered properly, it may be used as a defense against the charges. 
    • A breath test: Officers are required to conduct an assessment of a driver’s condition for a minimum of 20 minutes before they administer a breath test on a driver. If they fail to do so, there may be a defense against the charges.

    Contact our Firm

    If you have been charged with 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.

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