New York Aggravated DWI Attorney

Get a Former NYC Prosecutor on Your Side

In New York, Aggravated Driving While Intoxicated (DWI) applies when a driver’s blood alcohol concentration (BAC) is 0.18% or higher, more than double the legal limit of 0.08%. Because of the elevated BAC, the penalties for an Aggravated DWI are more serious than a standard DWI, highlighting the need for experienced legal representation.

Former prosecutor Mehdi Essmidi has experience in Aggravated DWI cases from both sides of the courtroom. He uses this insight to build defense strategies that consider how prosecutors think. Don’t face these charges on your own. Contact our law office today for a free consultation.

The DMV and Criminal Court Process

When charged with an aggravated DWI in New York, there are two separate proceedings: the criminal court case and the Department of Motor Vehicles (DMV) hearing.

The DMV handles the administrative side, which includes an immediate license suspension at arraignment if there is evidence of a BAC of 0.18% or higher. If a driver refuses the chemical test, they may be required to attend a DMV refusal hearing to establish whether their license will be revoked before the court case is resolved.

Meanwhile, the criminal process begins with an arraignment, where the person charged will enter a plea. Prosecutors take Aggravated DWI cases seriously, often pushing for harsher penalties than a standard DWI. Having a New York Aggravated DWI attorney who understands both the legal and procedural aspects of these cases can make a significant difference.

Aggravated DWI Penalties Under New York Law

An Aggravated DWI conviction in New York carries harsher penalties than a standard DWI due to the elevated blood alcohol concentration (BAC) involved. These penalties can have long-term consequences.

First-time Aggravated DWI offense

• A first-time Aggravated DWI conviction includes fines between $1,000 and $2,500, up to one year in jail, and a minimum one-year license revocation. To reinstate driving privileges, the driver must complete an alcohol screening and may be required to enroll in the New York Drinking Driver Program (DDP) or a similar treatment program.

Second Aggravated DWI within ten years

• A second Aggravated DWI within ten years is a Class E felony, carrying fines between $1,000 and $5,000, a prison sentence of up to four years, and a minimum 18-month license revocation, with the possibility of a longer revocation period depending on the case.

Third Aggravated DWI within ten years  

• A third Aggravated DWI within ten years is a Class D felony, punishable by fines between $2,000 and $10,000, a prison sentence of up to 7 years, and at least an 18-month license revocation—which may be extended or become permanent at the discretion of the DMV.

Beyond these penalties, a conviction can also lead to increased insurance rates, mandatory installation of an ignition interlock device (IID) in your vehicle, and a permanent criminal record. The court may also impose probation, community service, and other conditions based on the circumstances of your case.

Experienced DWI attorney Mehdi Essmidi is committed to defending your rights and fighting for the best possible outcome for your case.

Plea Bargaining

Under New York Vehicle and Traffic Law (VTL) § 1192, plea reductions for DWI offenses are subject to district attorney policies and state guidelines. 

Many New York City prosecutors have strict policies against reducing Aggravated DWI charges to a standard DWI or a lesser offense like Driving While Ability Impaired (DWAI). However, in rare cases—such as those involving evidentiary issues or procedural errors—plea negotiations may still be possible. Talk to your attorney to explore your legal options. 

Related Charges

An Aggravated DWI charge in New York is often followed by additional charges, depending on the circumstances of the arrest. These related offenses can increase the severity of penalties and make legal defense more complex.

Hit and Run (Leaving the Scene of an Accident)

When someone is involved in an accident while intoxicated and leaves the scene without reporting it, they could face additional criminal charges under New York Vehicle and Traffic Law § 600. The penalties for leaving the scene depend on the outcome of the accident:

• Property Damage Only: A traffic violation with fines up to $250; jail time is rare but possible.
• Injury to Another Person: A Class B misdemeanor punishable by up to 1 year in jail and fines up to $1,000.
• Serious Injury: A Class E felony with a prison sentence of up to 4 years.
• Fatal Accident: A Class D felony with up to 7 years in prison and fines.

DWI with a Child Passenger (Leandra’s Law Violations)

New York has some of the toughest DWI laws in the country, particularly when a child is involved. Under Leandra’s Law (VTL § 1192.2-a(b)), driving while intoxicated with a child passenger under 16 is automatically charged as a felony, even for first-time offenders. Potential penalties include:

• Class E Felony Conviction (even for a first offense)
• Up to 4 years in prison
• License revocation for at least 1 year
• Mandatory installation of a vehicle ignition interlock device (IID)
• Potential child endangerment charges, which carry additional penalties

Because Leandra’s Law imposes strict consequences, defending against these charges requires aggressive legal representation.

Reckless Driving

Reckless driving (VTL § 1212) might be charged alongside Aggravated DWI when dangerous or erratic behavior was observed before the arrest. This charge applies when a driver operates a vehicle in a way that unreasonably interferes with public safety. Reckless driving is a misdemeanor under VTL § 1212, carrying penalties such as:

• Fines of $100 to $300 for a first offense (higher for repeat violations)
• Up to 30 days in jail (though seldom imposed for first offenses)
• Five points on your driving record 

When combined with an Aggravated DWI, reckless driving can lead to increased penalties, higher fines, and longer license suspensions.

Defending Against Aggravated DWI Charges

Facing an Aggravated DWI charge in New York can feel overwhelming, but a strong legal defense can make a difference in the outcome of your case. While the prosecution will rely heavily on breathalyzer results, standardized field sobriety tests, and law enforcement officer’s testimony, there are several strategies an experienced New York DWI attorney can use to challenge the charges against you.

Challenging the Breathalyzer Results

Breathalyzer tests are a key piece of evidence in Aggravated DWI cases, but they are not always accurate. Several conditions can impact the validity of a BAC reading, including:

• Faulty or improperly calibrated equipment
• Improper test administration by law enforcement
• Physiological factors such as acid reflux or certain medical conditions
• Rising BAC defense, where your BAC was below 0.18% while driving but increased by the time of testing

If there are issues with the breathalyzer results, they may be excluded from evidence, significantly weakening the prosecution’s case.

Examining the Traffic Stop and Arrest Procedures

Law enforcement must follow legal procedures when handling DWI traffic stops and arrests. If your constitutional rights were violated, your lawyer may file a motion to suppress evidence. Common legal challenges include:

• Lack of reasonable suspicion—Officers must have a valid reason for the initial stop.
• Errors in field sobriety tests—If these tests were improperly administered, their reliability may be questioned.
• Unlawful arrest or procedural violations—Mistakes in the arrest process may impact the prosecution’s case.
• Miranda rights issues—While a Miranda violation does not dismiss charges, it may suppress incriminating statements.

Questioning Field Sobriety Tests

Field sobriety tests (FSTs) are subjective and unreliable indicators of intoxication. Situations such as poor lighting, uneven road surfaces, medical conditions, or nervousness can all affect performance. Your attorney may challenge whether the FSTs were properly conducted or whether the results should be considered valid evidence.

Contact Us for a Free Consultation

Our criminal defense lawyers understand the stress and fear that come with facing an aggravated DWI charge in NYC. That’s why we offer a free initial consultation to discuss your case and possibilities under New York state law.

Whether you’re dealing with a first-time offense or you’ve had previous DWI convictions, our DWI lawyers stand ready to help. Contact our law office today to schedule a free consultation with a New York DWI lawyer.