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Aggravated DWI in Westchester

What constitutes an aggravated DWI offense?

In New York and throughout the country, the legal limit for blood alcohol concentration (BAC) is 0.08 percent. This level is widely accepted to be the BAC at which an individual is sufficiently intoxicated to be ability impaired, which is to say drunk. While the penalties for a normal driving while intoxicated (DWI) charge are harsh, state law provides an even tougher punishment for drivers who are caught with an especially high blood alcohol concentration. If you were arrested with a BAC of 0.18 percent or more, you will be charged with aggravated DWI.

Get in touch with Westchester DWI lawyer Robert Schuster for the tough legal defense you need on your side. Attorney Schuster has never lost a DWI trial. Recognized as a top 100 DWI attorneys in New York by the NAFDD and named a Top 10 DWI Lawyer in New York by the American Institute of DWI Attorneys, you can trust his ability to provide skilled and relentless defense representation.

Penalties for Aggravated DWI in Westchester County

First Aggravated DWI Offense:

  • Fine of $1,000 - $2,500
  • Maximim jail term of 1 year
  • Mandatory license revocation of 1 year
  • Ignition interlock device (IID)

Second Aggravated DWI within 10 Years:

  • Felony DWI
  • Fine of $1,000 - $5,000
  • Up to 4 years in state prison
  • License revocation of 18 months
  • Ignition interlock device (IID)

Third Aggravated DWI within 10 Years:

  • Felony DWI
  • Fine of up to $10,000
  • Up to 7 years in state prison
  • License revocation of 18 months
  • Ignition interlock device (IID)

New York Auto Impoundment

Another important law for you to be aware of is the New York car seizure law. According to New York administrative code, law enforcement can seize property if it can be shown to be the proceeds or instrumentality of a crime. This means that you could face seizure of your vehicle if you are convicted of DWI. The effects of losing a car can be devastating, and it is important that you are able to fight this action with the assistance of a skilled representative.

Ignition Interlock Device (IID)

Even after you have served any term of imprisonment and regained your driving privileges, you will still be subject to further court supervision. After you have been convicted of aggravated DWI, the court will order you to install an ignition interlock device (IID) in every automobile you own or operate. An IID is essentially a breathalyzer machine that is wired into the ignition system of the vehicle. Unless you have a clean breath sample, the vehicle will not start. While driving, you will have to give random breath samples. If you fail any breath test, the vehicle will be immobilized and the event will be reported to law enforcement. Not installing a court-ordered IID or attempting to bypass it are offenses that carry separate penalties.

Looking for a DWI lawyer in Westchester County?

Don't run the risk of being convicted of aggravated DWI in White Plains. There is too much at stake for your future for you to take any chances with the case. Contact The Law Offices of Robert Schuster now for a free telephone consultation with a Westchester criminal defense lawyer who has experience as a prosecutor and can fight to defend your rights.

Find out about the Schuster Guarantee