If you’re reading this, it’s likely that you’re facing a difficult and stressful situation involving DWI/DUI charges in Buffalo. Whether you’ve been arrested or are worried about the consequences of a DWI/DUI charge, we understand how overwhelming it can be. You might be feeling anxious about what’s to come and unsure about the next steps in your case. The legal process can seem confusing, and the fear of harsh penalties can weigh heavily on your mind. Rest assured, you are not alone in this. At Friedman & Ranzenhofer, PC we are here to guide you through the process and help you achieve the best possible outcome for your case.
What is Aggravated DWI/DUI?
When someone is charged with driving while intoxicated (DWI) or driving under the influence (DUI) in New York, it means that they have been caught operating a vehicle while impaired by alcohol or drugs. A typical DWI charge might result from a blood alcohol concentration (BAC) of 0.08 percent or higher. However, when certain aggravating factors are present, the charges become more serious. This is where aggravated DWI/DUI charges come into play.
Aggravated DWI/DUI charges are more severe than standard DWI or DUI charges and come with stricter penalties. In Buffalo, an aggravated DWI/DUI charge might be filed if a person has a BAC of 0.18 percent or higher, which is considered a significant level of intoxication. This higher BAC can lead to more severe consequences, including higher fines, longer license suspensions, and even mandatory alcohol education programs.
Consequences of Aggravated DWI/DUI in Buffalo
The penalties for aggravated DWI/DUI can be severe, and the consequences of a conviction can impact your life in ways you may not expect. If convicted of an aggravated DWI/DUI, you may face a fine that can range from $500 to $1,000. In addition, you could be sentenced to a jail term of up to one year. If this is your second offense, the penalties can increase, and a conviction could result in longer license suspensions and a more significant fine.
The courts take aggravated DWI/DUI charges very seriously because they show a higher level of impairment, making it more dangerous to operate a vehicle. Besides criminal penalties, a conviction could also lead to increased insurance rates, potential job loss, and a lasting criminal record that could affect your future opportunities.
What Are the Common Factors That Lead to Aggravated DWI/DUI Charges?
Several factors can elevate a standard DWI/DUI charge to an aggravated one. One of the most common reasons is having a BAC of 0.18 percent or higher. This is considered “aggravated” because it shows that the driver was significantly impaired by alcohol or drugs. Other factors, such as having a child passenger in the car, can also lead to aggravated charges. In these cases, the driver may face even more severe penalties due to the additional risk posed to the child’s safety.
Another factor that could result in aggravated charges is having prior DWI/DUI offenses on your record. If you have been convicted of a DWI/DUI before, your second or third offense may lead to more serious charges. The more offenses you have, the harsher the penalties will likely be.
How Can an Aggravated DWI/DUI Charge Affect Your License?
One of the most immediate concerns for someone facing an aggravated DWI/DUI charge is the impact it will have on their driver’s license. A conviction for aggravated DWI/DUI typically results in a mandatory suspension of your driver’s license. The length of the suspension can vary depending on factors such as the number of prior offenses and the level of intoxication. A first offense with a BAC of 0.18 percent or higher could result in a minimum suspension of one year. Subsequent offenses can result in even longer suspensions.
The suspension of your driver’s license can make daily life much more difficult, especially if you rely on your vehicle for work, school, or other responsibilities. You may face challenges in commuting or performing basic tasks, and the inability to drive can add stress to an already challenging situation.
What to Expect During the Legal Process
If you are facing aggravated DWI/DUI charges, it’s important to understand the legal process that will unfold. After an arrest, you will have an arraignment, where you will be formally charged, and you will be given the opportunity to enter a plea. At this stage, it is critical to have legal representation, as the decisions made early in the process can impact the outcome of your case.
After the arraignment, there may be a pretrial conference where both sides exchange evidence and discuss the case. If a plea agreement is not reached, the case will proceed to trial. It’s important to note that you do not have to accept a guilty plea. Depending on the circumstances, there may be defenses available that could reduce or even dismiss the charges against you.
Possible Defenses for Aggravated DWI/DUI Charges
There are several possible defenses that may apply to your aggravated DWI/DUI charge, depending on the facts of your case. One of the most common defenses is challenging the accuracy of the breathalyzer or blood test. If the equipment was not properly maintained or the test was not administered correctly, the results may be inaccurate, and the evidence may not hold up in court.
Another defense may involve questioning the legality of the traffic stop. If the police officer did not have a valid reason to stop you in the first place, any evidence obtained during the stop may be inadmissible in court.
Additionally, there may be situations where the evidence against you is insufficient to prove that you were actually impaired at the time of your arrest. This can be difficult to prove, but it is possible under certain circumstances.
The Importance of Legal Representation in Aggravated DWI/DUI Cases
If you are facing aggravated DWI/DUI charges, having an experienced attorney by your side is crucial. A knowledgeable attorney will be able to assess the specifics of your case and determine the best defense strategy. They will also be able to guide you through the legal process, helping you understand what to expect and ensuring that your rights are protected.
At Friedman & Ranzenhofer, we understand that being charged with aggravated DWI/DUI can be a stressful and overwhelming experience. Our team is here to listen to your concerns, answer your questions, and provide you with the best possible legal representation. We have the experience and resources necessary to help you achieve a successful result, whether through negotiation or at trial. Don’t face these charges alone—contact us today to schedule a consultation and learn how we can assist you with your case.