New York Aggravated DWI AttorneySchedule a Free Consultation
Get a Former NYC Prosecutor on Your Side
Navigating the landscape of New York City’s legal system can be daunting, particularly when you are faced with charges as serious as an aggravated DWI. As an experienced NYC Aggravated DWI attorney, Mehdi Essmidi is uniquely qualified to help you combat these charges. As a former NYC prosecutor, Mr. Essmidi leverages his deep understanding of prosecution tactics, offering aggressive representation to those grappling with aggravated DWI charges.
If you or someone you know is facing an Aggravated DWI charge, we’re here to help. Contact us today for a free consultation.
What is an Aggravated DWI?
An aggravated DWI charge in New York, also known as aggravated driving while intoxicated, is a more serious offense than a standard DWI. This charge typically comes into play when a person’s blood alcohol content (BAC) is 0.18% or more—significantly higher than the per se illegal bac level of 0.08% that constitutes misdemeanor DWI. In New York, aggravated DWI charges are treated severely, with penalties including license revocation, potential jail and/or probation, and other non-criminal penalties.
Aggravated DWI Charges and Penalties in NYC
If you are facing aggravated DWI charges in New York City, understanding the potential penalties is crucial. A first-time aggravated DWI conviction is considered an unclassified misdemeanor with penalties that may include fines, jail or prison time, suspension or revocation of your driver’s license, and OASAS alcohol treatment if recommended by law.
Repeat offenders face even stiffer penalties. A second aggravated DWI within a ten-year period is generally charged as a class E felony, with penalties including up to four years in prison, a one-year license revocation, and the mandatory installation of an ignition interlock device on any motor vehicle the offender operates.
A third aggravated DWI offense within ten years is a Class D felony, punishable by up to seven years in prison, a one-year license revocation, and a requirement to use an ignition interlock device.
Moreover, aggravated DWI charges can have serious implications for your criminal record and other aspects of your life, such as employment and housing.
Aggravated DWI and Plea Bargaining
In recent years, New York has enacted new plea bargaining restrictions on aggravated DWI cases. This means that if your BAC is significantly above the legal limit or if you have prior DWI convictions, you may not be able to plead to a lesser charge, such as driving while ability impaired, an infraction not a crime in New York State.
However, with the representation of a skilled NYC DWI lawyer like Mehdi Essmidi, there may be opportunities to challenge the charges based on insufficient evidence, lack of probable cause, improper conduct by the arresting officer, or faulty breathalyzer or chemical test results.
Aggressive Representation by an Experienced DWI Attorney
A felony aggravated DWI conviction in New York can have life-altering consequences. Choosing an attorney who is experienced in defending DWI cases in NYC is critical. As a former NYC prosecutor and an experienced DWI attorney, Mehdi Essmidi is uniquely qualified to provide aggressive representation in your case.
With thorough investigation, Mr. Essmidi will examine all aspects of your arrest, from the initial traffic stop and any reasonable suspicion the officer may have had, to the accuracy of the portable breath test or other chemical tests used to measure your BAC. If there are weaknesses in the prosecution’s case, Mr. Essmidi will exploit them, fighting tirelessly to get your charges reduced or dismissed.
Defending Against Other Related Charges
In addition to DWI charges, Mr. Essmidi’s law firm handles related cases such as reckless driving, leaving the scene of an accident, and other alcohol-related offenses. Our law firm also defends clients against a range of other criminal charges, including domestic violence and firearm crimes.
Free Consultation for Aggravated DWI Charges
At The Law Offices of Mehdi Essmidi, P.L.L.C., we understand the stress and fear that come with facing an aggravated DWI charge in NYC. That’s why we offer a free consultation to discuss your case. We’ll assess your situation, explain the potential consequences, and develop a strategic defense to combat the charges you’re facing.
Your Defense Begins Now
The moment you are charged with an aggravated DWI, the clock starts ticking. The sooner you get an experienced NYC aggravated DWI attorney like Mehdi Essmidi involved, the better your chances of successfully fighting the charges. Mr. Essmidi will investigate every facet of your case, ensuring your rights are protected from the start and developing a strategy tailored to your unique circumstances.
Understanding the DMV and Criminal Court Process
When charged with an aggravated DWI in New York, there are two separate proceedings to contend with: the criminal court case and the Department of Motor Vehicles (DMV) hearing. An experienced New York DWI lawyer like Mehdi Essmidi can guide you through both processes, explaining what to expect at each stage, and advocating on your behalf to protect your driving privileges and minimize any criminal penalties.
Breathalyzer Tests and Your Rights
The outcome of your DWI case often hinges on the results of a breathalyzer or other chemical test. Yet these tests are not infallible. A range of factors can impact their accuracy, from improper calibration to issues with the administering officer’s training. As a seasoned NYC DWI lawyer, Mehdi Essmidi has the knowledge and resources to scrutinize these test results, challenging any inconsistencies, inaccuracies, or procedural errors that could bolster your defense.
Your Ally in the Face of Aggravated DWI Charges
Facing an aggravated DWI charge can feel overwhelming, but you don’t have to face it alone. With Mehdi Essmidi by your side, you have a former NYC prosecutor turned aggressive defense attorney fighting for you. Don’t let a DWI charge dictate the rest of your life. Contact our law firm today for a free consultation and get the expert representation you need.
Contact Us for a Free Consultation
In New York, aggravated DWI charges carry severe penalties that can have far-reaching effects on your life. As a former NYC prosecutor, Mehdi Essmidi offers invaluable insights into the prosecution’s tactics, using this knowledge to provide aggressive representation for those facing these charges.
Whether you’re dealing with a first-time offense or you’ve had previous DWI convictions, our law firm is committed to defending your rights and fighting for the best possible outcome in your case. Contact us today to schedule your free consultation with an experienced New York DWI lawyer.