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White Plains Aggravted DWI Lawyer

Protecting Drivers Accused of the Most Serious DWI Offenses – NY A-DWI Lawyers VTL §1192.2-a

When you are charged with common law DWI based on actual impaired driving ability or DWI per se based on a blood alcohol concentration (BAC) of .08 percent or higher, you can face serious consequences that include jail time, suspension of driving privileges and stiff fines. However, the stakes are a whole lot higher if you are charged with Aggravated Driving While Intoxicated (A-DWI) following a breath or blood test revealing a BAC of .18 or above. Because of the exceptionally harsh penalties associated with a conviction A-DWI, you should speak with an experienced White Plains Aggravated Driving While Intoxicated Attorney as soon as possible.

New York enacted this statute containing enhanced penalties for drivers with extremely high blood alcohol levels in 2006. The goal was to impose stricter penalties on drivers that potentially pose the greatest risk of causing a car accident resulting in an injury or fatality. If you “blow”.18 or high on the Intoxilyzer, you will be charged with this more serious DWI offense that carries enhanced penalties. Drivers charged with VTL 1192.2-a will not only face exposure to stiffer punishments, but the prosecutor is prevented from offering you a non-criminal infraction under VTL §1192.1. In other words, the prosecutor cannot agree to plead the charge below a misdemeanor.

If you are arrested by a police officer and charged with Aggravated Driving While Intoxicated, you may face exposure to the following penalties:

First Offense


Fine $1,000-$2,500

Up to 1 year in jail

Minimum 1 year driver’s license revocation

Second Offense

Class E Felony

Fine $1,000-$5,000

Minimum 18 month driver’s license revocation

Third Offense

Class D Felony

Fine $2,000-$10,000

Minimum 18 month driver’s license revocation

What Should You Do If You Are Stopped after Consuming a High Volume of Alcohol?

Do Not Discuss Your Activities with the Officer

When you are stopped by a police officer after a long night of drinking, there are actions you can take to improve your situation. The officer will carefully scrutinize you during the stop, so you should avoid answering questions besides providing your driver’s license, registration and insurance information. If the police officer inquires about whether you have been drinking or other matters, you should indicate that you would prefer to speak with an attorney before answering any questions. You also should ask if you are under arrest or free to go when the officer denies you the opportunity to call an attorney.

Decline Field Sobriety Tests and a Portable Breath Test

At some point, you will probably be asked to submit to field sobriety tests (FSTs) and a portable breath test (PBT). The only functions of FSTs and a PBT is to establish probable cause for an arrest and gather information that will be used against you in your criminal case. Generally, drivers have nothing to gain by participating in FSTs or a PBT. While you can be subject to more serious ramifications in terms of your driving privileges if you refuse a formal chemical breath test after you are arrested, you are not required to participate in either of these roadside preliminary alcohol-screening methods. We recommend declining these tests after asking if the tests are 100 percent accurate. The officer will not be able to confirm this fact, because it is simply not true. This will assist us in trial as we provide a reasonable explanation for why you declined the tests.

Refuse Formal BAC Chemical Testing

Drivers who later decline a formal breath test at the police station or blood test at the hospital may suffer serious consequences in terms of their driving privileges. However, the harsh penalties associated with a conviction for Aggravated Driving While Intoxicated probably makes it advisable to decline this form of testing also if you believe you have consumed enough alcohol that you might have a BAC in the .18 percent range. However, you should be aware that this will not prevent a conviction of DWI based on actual impairment of physical or mental driving skills (i.e. common law DWI). Further, the prosecutor can argue that you refused the chemical test because you knew you would fail.

Vigorous Defense to New York A-DWI Charges

Our White Plains Aggravated Driving While Intoxicated lawyers carefully evaluate all phases of an arresting officer’s conduct when defending clients against A-DWI charges. We might build a defense based on some or all of the following:

Legal sufficiency of the evidence to justify the initial stop

Challenging veracity or accuracy of officer observations during and prior to the stop

Attacking the general reliability of field sobriety tests as well as the officer’s compliance with required procedures and protocols

Exposing errors in gathering, transporting and storing of any blood specimen

Proving the breath testing device was not properly calibrated or otherwise functioning properly

Asserting other defenses to breath testing, such as the presence of mouth alcohol

At Greco Neyland PC, our White Plains aggravated driving while intoxicated defense lawyers represent clients in White Plains facing serious drug and alcohol-related driving offenses. We offer a free consultation so feel free to call us today at (914) 358-9146 or click here to schedule your free consultation.