Aggravated DWI

Aggravated Driving While Impaired

Aggravated Driving While Impaired (ADWI) is a severe criminal offense in New York that can result in significant penalties and long-term consequences. If you or someone you know is facing ADWI charges, it’s essential to seek the help of an experienced criminal defense attorney immediately.

If convicted of ADWI in New York, the penalties include fines, imprisonment, probation, community service, and installing an ignition interlock device on your vehicle. A conviction can have long-term consequences, such as a criminal record that can impact your ability to obtain employment, housing, or financial assistance.

At Viscosi Law, our team of experienced criminal defense attorneys has the knowledge and skill to represent you in court and achieve the best possible outcome for your ADWI case. We understand the seriousness of these charges and the impact they can have on your life.

What is Aggravated Driving While Impaired

ADWI is considered a more serious form of Driving While Intoxicated (DWI) that involves driving under the influence of drugs or alcohol with a blood alcohol content (BAC) of .18 or higher. It can also be charged if the driver’s impaired ability to operate a motor vehicle results in serious injury or death to another person.

If convicted of ADWI in New York, the penalties can be severe. They can include fines, imprisonment, probation, community service, and the installation of an ignition interlock device on your vehicle. A conviction can have long-term consequences, such as a criminal record that can impact your ability to obtain employment, housing, or financial assistance.

In addition, if you are struggling with substance abuse or addiction, seeking treatment and support can improve your overall well-being and demonstrate to the court your commitment to addressing the issue and avoiding future incidents. Taking proactive steps to address any underlying problems can not only benefit you personally. Still, it may also help to reduce the potential legal and personal consequences of an ADWI charge in New York.

Possible Charges for Aggravated Driving While Impaired

Here are some of the possible charges for Aggravated Driving While Impaired (ADWI) in New York:

Driving While Intoxicated

Driving While Intoxicated (DWI) is a criminal offense in New York that involves operating a vehicle while under the influence of drugs or alcohol. In New York, a driver can be charged with DWI if their blood alcohol content (BAC) is .08 or higher, or if they exhibit other signs of impairment, such as slurred speech, impaired balance, or erratic driving.

A DWI charge can result in significant penalties if convicted, including fines, imprisonment, and the loss of driving privileges. The penalties can be even more severe if the driver has prior DWI convictions or if they cause serious injury or death to another person while operating a vehicle under the influence.

In addition to the criminal penalties, a DWI conviction can have long-term consequences, including a criminal record that can impact the ability to obtain employment, housing, or financial assistance. It can also result in increased insurance premiums and the installation of an ignition interlock device on the driver’s vehicle.

Vehicular Assault

Vehicular Assault is a serious criminal charge in New York that can result from operating a motor vehicle recklessly or negligently that causes serious injury to another person. For a driver to be charged with Vehicular Assault, they must have been under the influence of drugs or alcohol at the time of the incident.

Vehicular Assault is classified as a Class D felony in New York and carries significant penalties if convicted. The penalties can include imprisonment, fines, and the loss of driving privileges. In addition, a conviction for Vehicular Assault can have long-term consequences, including a criminal record that can impact the ability to obtain employment, housing, or financial assistance.

To prove a charge of Vehicular Assault, the prosecution must establish that the driver acted recklessly or negligently and caused severe injury to another person. This can include driving under the influence of drugs or alcohol, texting, or engaging in other reckless or negligent behaviors while operating a motor vehicle.

Vehicular Manslaughter

Vehicular Manslaughter is a serious criminal charge in New York that can result from recklessly or negligently operating a motor vehicle that causes another person’s death. To be charged with Vehicular Manslaughter, the driver must have been under the influence of drugs or alcohol at the time of the incident.

Vehicular Manslaughter is classified as a Class C felony in New York and carries significant penalties if convicted. The penalties can include imprisonment, fines, and the loss of driving privileges. In addition, a conviction for Vehicular Manslaughter can have long-term consequences, including a criminal record that can impact the ability to obtain employment, housing, or financial assistance.

To prove a charge of Vehicular Manslaughter, the prosecution must establish that the driver acted recklessly or negligently and caused the death of another person. This can include driving under the influence of drugs or alcohol, texting, or engaging in other reckless or negligent behaviors while operating a motor vehicle.

Reckless Driving

Reckless driving is a severe offense in New York that can result in significant penalties if convicted. If you or someone you know is facing reckless driving charges in New York, it’s vital to seek the help of an experienced criminal defense attorney immediately.

Reckless driving is defined as operating a motor vehicle that unreasonably interferes with the free and proper use of the public highway or endangers the safety of others. This can include excessive speeding, weaving in and out of traffic, or engaging in other reckless behaviors while behind the wheel.

Aggravated Vehicular Homicide

Aggravated Vehicular Homicide is one of the most severe criminal offenses in New York. If you or someone you know is facing Aggravated Vehicular Homicide charges, it’s essential to seek the help of an experienced criminal defense attorney right away.

Aggravated Vehicular Homicide is charged when a driver causes the death of another person while operating a vehicle under the influence of drugs or alcohol and has a prior DWI or ADWI conviction. This is a felony offense that carries significant penalties, including imprisonment and fines.

If convicted of Aggravated Vehicular Homicide in New York, the penalties can be severe. They can include up to 25 years in prison, fines, and losing driving privileges. Additionally, a conviction can have long-term consequences, such as a criminal record that can impact the ability to obtain employment, housing, or financial assistance.

Prior Offenses

In many states, a first-time DWI or DUI offense is typically charged as a misdemeanor, which may result in fines, license suspension, community service, and even jail time. However, suppose a driver has a prior DWI or DUI conviction within a certain period (usually within the past 5-10 years). In that case, they may be charged with Aggravated DWI, which is often a felony offense.

The penalties for Aggravated DWI can be severe and may include substantial fines, lengthy license suspension, community service, probation, and even prison time. In addition to the legal penalties, a conviction for Aggravated DWI can have long-lasting consequences, including difficulty finding employment, increased insurance rates, and damage to one’s reputation.

Possible Penalties of Aggravated Driving While Impaired

Aggravated Driving While Impaired (Aggravated DUI) is a serious criminal offense in New York that can result in severe penalties. The specific penalties for Aggravated DUI in New York depend on the circumstances of the case, including whether the offender has any prior DUI convictions, the extent of any property damage or bodily harm caused, and the offender’s blood alcohol concentration (BAC). Here is a detailed list of possible penalties for Aggravated DUI in New York:

Imprisonment: A conviction for ADWI can result in a sentence of up to 1 year in jail for a first offense and up to 4 years in prison for a second offense.
Fines: The fines for ADWI can range from $1,000 to $10,000, depending on the severity of the offense and the driver’s prior record.
Loss of Driving Privileges: A driver convicted of ADWI can lose their driving privileges for up to 18 months for a first offense and up to 4 years for a second offense.
Ignition Interlock Device: A driver convicted of ADWI may be required to install an ignition interlock device on their vehicle, which requires the driver to blow into a breathalyzer before the car starts.
Criminal Record: A conviction for ADWI will result in a criminal record, which can impact the ability to obtain employment, housing, or financial assistance.
Increased Insurance Premiums: A driver convicted of ADWI can expect to see a significant increase in their auto insurance premiums.
Probation: A driver convicted of ADWI may be placed on probation, requiring regular meetings with a probation officer and compliance with certain conditions, such as drug or alcohol counseling.

At Viscosi Law, our team of experienced criminal defense attorneys has the knowledge and skill necessary to represent you in court and achieve the best possible outcome for your ADWI case. We understand the seriousness of these charges and the impact they can have on your life.

How Viscosi Law Can Help You With Your Case

Viscosi Law is a law firm that specializes in ADWI defense in New York, and they can help you with Aggravated Driving While Impaired charges in several ways:

Expert Legal Advice

Viscosi Law has extensive experience in handling ADWI cases. They can provide expert legal advice on navigating the legal process and potentially mitigating the charges and penalties you may face.

Strong Defense Strategy

Viscosi Law can work with you to develop a strong defense strategy that considers the specific circumstances of your case, including any mitigating factors that may reduce the severity of the charges.

Negotiation with Prosecutors

Viscosi Law can negotiate with prosecutors on your behalf to reduce the charges and penalties you may face or to reach a plea bargain that avoids a trial and reduces the impact of a conviction.

Aggressive representation in court

If your case goes to trial, Viscosi Law can provide you with aggressive representation in court to fight the charges and protect your rights.

Support and Guidance

Viscosi Law can provide you with support and guidance throughout the legal process, ensuring that you understand your rights and options and make informed decisions.

Viscosi Law can help you with Aggravated Driving While Impaired charges by providing you with expert legal advice, developing a strong defense strategy, negotiating with prosecutors, providing aggressive representation in court, and offering support and guidance throughout the legal process.

If you are facing an Aggravated DUI charge in New York, it is important to seek the advice of an experienced DUI defense attorney like Viscosi Law to help navigate the legal process and potentially mitigate the charges and penalties you may face.