Buffalo Aggravated DWI Lawyers

An Aggravated DWI is a more serious version of a standard DWI charge. It can be charged under two main circumstances: 1) Driving with a Blood Alcohol Content (BAC) of .18 or higher, or 2) Driving while intoxicated with a child aged 15 or younger in the vehicle (this is also known as Leandra’s Law).

Leandra’s Law makes it an automatic Class E felony to drive while intoxicated or impaired by drugs with a child passenger aged 15 or younger. This applies even if it is your first offense. A conviction carries a potential state prison sentence of up to 4 years and requires the convicted driver to be reported to the Statewide Central Register of Child Abuse and Maltreatment.

Yes, the penalties are significantly enhanced. For a first-offense high-BAC (.18 or higher) Aggravated DWI, the maximum fine is increased to $2,500 (from $1,000 for a standard DWI), and the mandatory license revocation period is increased to at least one year (from six months). Courts and prosecutors treat these cases much more seriously.

It is much more difficult. Many District Attorney’s offices in New York have policies that strictly limit or prohibit plea bargaining for Aggravated DWI charges, especially those involving a very high BAC or an accident. However, a skilled DWI defense attorney can still challenge the evidence and negotiate with the prosecutor to seek a reduction based on the specific weaknesses of the case.

It depends. An Aggravated DWI based on a high BAC (.18 or more) is a misdemeanor for a first offense. However, an Aggravated DWI based on Leandra’s Law (a child in the car) is automatically a Class E felony, even for a first-time offender with no prior criminal record.

A conviction for any misdemeanor or felony DWI, including Aggravated DWI, will result in a mandatory license revocation, not a suspension. For a first-offense high-BAC charge, the revocation is for at least one year. For a Leandra’s Law conviction, the revocation period is also at least one year. You will be required to install an ignition interlock device in any vehicle you own or operate.

Defenses often focus on challenging the evidence of intoxication. This can include attacking the reliability of the breathalyzer or blood test results, questioning the legality of the initial traffic stop, and contesting the administration of field sobriety tests. In a Leandra’s Law case, the prosecution must also prove the child’s age and presence in the vehicle.