Aggravated DWI (0.18 BAC)

The charge of aggravated DWI under VTL § 1192(2-a) comes with serious penalties and punishments. The prosecutors in New York City, especially in Queens County, are particularly harsh in these types of drunk driving cases.

Queens Aggravated DWI Lawyer

If you are charged with aggravated DWI for driving with a blood alcohol concentration of 0.18 or more, then call a criminal defense attorney at the Law Office of Rochelle S. Berliner.

We provide a full service approach to fighting the case at every stage. From contesting the legality of the stop to moving to suppress the BAC test result, we fight these drunk driving cases aggressively. Call 718-261-5600 today to discuss your case and potential defenses.


New York Aggravated DWI Law Overview


Back to top

Types of Aggravated DWI

While a BAC of 0.08 or greater but less than and 0.18 results in a charge of misdemeanor DWI in the State of New York, if the BAC is 0.18 or more then an Aggravated DWI will be charged. While Aggravated DWI is still a misdemeanor offense, it comes with stiffer penalties and punishments.

Under the laws in New York, there are two different alternative types of Aggravated DWI. The first type, per se Aggravated DWI that makes it illegal to operate a motor vehicle with a BAC of 0.18 or more. See VTL § 1192(2-a)(a). Although the name "Aggravated DWI" implies that the person is highly intoxicated, actual impairment is not an element of the offense.


Back to top

First (1st) Conviction for Aggravated DWI (Misdemeanor)

Aggravated DWI is punishable by up to one year in jail and a fine of $1,000 to $2,500 plus additional costs and court fees. As part of New York's Driver Responsibility Program, a minimum $250 annual assessment fine for three years will be imposed for a total requirement of $750.

Additionally, a conviction for Aggravated DWI requires a 12-month driver's license revocation and installation of an ignition interlock device. The Court can also order enrollment in the New York Drinking Driver Program (DDP).


Back to top

Second (2nd) Conviction for Aggravated DWI (class E felony)

For a second conviction of aggravated DWI, the offense is a class E felony. The maximum period of incarceration is up to four years in jail and a fine of $1,000 to $5,000 plus costs and court fees.

As part of New York's Driver Responsibility Program, a minimum $250 annual assessment fine for three years will be imposed for a total requirement of $750. For a second conviction of aggravated DWI, an 18-month driver's license revocation is required as well installation of an ignition interlock device for three years.


Back to top

Third (3rd) Conviction for Aggravated DWI (class D felony)

A third conviction for Aggravated DWI within ten years is punishable by up to 7 years in prison and a fine of up to $10,000. Such a conviction also results in an 18-month driver's license revocation as well installation of an ignition interlock device for three years. The Court can order enrollment in the New York Drinking Driver Program (DDP).


Back to top

Driver's License Revocation for Aggravated DWI

The New York Department of Motor Vehicles decides when your driver license is reinstated. The reinstatement of your driver's license is not automatic. Instead, it is based on different state regulations and laws. After a certain time period, you must reapply for your driver's license. You may have to take a driving test. If you receive three or more alcohol or drug-related convictions within any 10 year period then you will receive a permanent revocation of your driver's license. You are not eligible to apply for a waiver request until at least five years have passed.


Back to top

Attorney for Aggravated DWI in Queens County, NY

If you are charged with aggravated DWI for driving with a blood alcohol concentration (BAC) of 0.18 or more in Queens County, NY, then contact an experienced Queens criminal defense lawyer at the Law Office of Rochelle S. Berliner.

From fighting the legality of the stop to the admission of the BAC testing results, we aggressively fight these DWI cases. Call 718-261-5600 today or submit an online form to discuss the particular facts and circumstances of your drunk driving case.

Request Your Free Consultation
* All fields are required.
Rochelle Berliner
Rochelle Berliner

Rochelle Berliner grew up in Queens, NY. She started New York Law School in January 1989 and graduated in June 1991. Immediately after law school, she started working at the New York County District Attorney’s Office, where she stayed for approximately 14 years...

  • National Police Accountability Project
  • National Association of Criminal Defense Lawyers
  • National Organization for the Reform of Marijuana Laws
  • New York State Association of Criminal Defense Lawyers
Learn More
Pay Online

Click the “Pay Now” link below to submit your payment.

If you already have a Paypal account, you will be prompted to log in after clicking below. If you do not have an account, you will have the option to pay by credit card or set up an account that allows you to charge to a card or transfer money directly from your bank account.

Make a secure payment online with PayPal