Aggravated DWI – VTL 1192.2-a – .18 BAC

Understanding DWI and BAC in New York

According to New York criminal law, it is illegal drink and drive in the state. Driving while intoxicated is the act of operating a motor vehicle while in violation of the state’s blood alcohol concentration (BAC). BAC is the amount of alcohol in your bloodstream. To be in violation of the state’s DWI law, your BAC must be at 0.08 percent or higher. The higher your BAC level, the higher criminal penalties you face.

For instance, Aggravated DWI – VTL 1192.2-a outlines the criminal charge you face if you are accused of having a high BAC. According to the criminal statute, it is illegal to operate a motor vehicle in the state while intoxicated. The amount of alcohol in your bloodstream exceed the minimum percentage needed for a misdemeanor driving while intoxicated (DWI) charge.

Thus, the simple misdemeanor DWI is upgraded to an aggravated DWI.

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Legal Scenario: What Would You Do?

Scenario

You were pulled over at a late-night checkpoint in New York and submitted to a breathalyzer test that registered your BAC at 0.19, well above the 0.18 threshold for Aggravated DWI under VTL 1192.2-a. The officer arrested you on the spot, and you now face charges far more serious than a standard DWI.

What makes an Aggravated DWI charge under VTL 1192.2-a different from a regular DWI, and what penalties am I facing?

Attorney's Answer

An Aggravated DWI under VTL 1192.2-a is a more serious offense than a standard DWI because it applies when your BAC is 0.18 or higher, indicating a significantly elevated level of impairment. A first offense is an unclassified misdemeanor carrying a fine between $1,000 and $2,500, up to one year in jail, and a mandatory license revocation of at least one year. The court will also likely require you to install an ignition interlock device on your vehicle and complete a drinking-driver program. Given the severity of these penalties and the long-term consequences for your record, it is critical to have an experienced DWI defense attorney examine the calibration records of the breathalyzer, the legality of the checkpoint stop, and whether proper testing protocols were followed.

This is general information only. Contact us for advice specific to your situation.

The Elements of DWI with .18 BAC Level in New York

You are not guilty of aggravated DWI until a prosecutor is proves you committed the crime. They have the burden of prove beyond reasonable doubt. This means they cannot leave any doubt in the mind of the jury or judge regarding your guilt. To help prove guilt, prosecutors must go by elements, which is a guideline to help prove guilt. These elements are:

• You were operating a motor vehicle
• You were driving while intoxicated
• Your BAC level was 0.18 percent