Aggravated DWI

Facing the Challenge of New York State Aggravated DWI Charges

Aggravated DWI is the name for the charge filed against a driver whose drunk driving case involves evidence of a blood alcohol concentration in excess of .18 percent, or a little more than double the .08 percent reading necessary to support a basic DWI conviction.

Another aggravating factor recognized in New York law is DWI with a child passenger under 16, as reflected in the recent enactment of Leandra's Law. With a blood alcohol concentration as low as .08 percent, a driver arrested in this situation faces a felony charge, even on a first offense. To learn about your options for resolving an aggravated DWI case, contact the law firm of Michalski Militello LLP for a free case evaluation. With offices in Rochester and Avon, we're convenient to clients in Monroe County, Livingston County and other Upstate communities.

As in other DWI or DWAI situations, our first line of defense doesn't involve your blood alcohol level. Instead, we take a close look at the traffic stop and the arrest. If our attorneys can show that the officer had no good reason to pull you over, or no probable cause for the arrest, we can argue for suppression of the evidence of intoxication and dismissal of the case.

In many cases, however, the facts won't support a challenge to the arrest and we won't find any mistakes in the breath or blood test evidence. In those cases, we use our experience as defense lawyers to find the reasons that will support a break from the prosecution or the court. Even where the evidence against you is strong, we work toward avoiding jail time, excessive fines, or a driver's license suspension measured in years.

Call 585-351-2500 for Advice About Aggravated DWI Charges

As of August 2010, a mandatory probation of at least six months and ignition interlock for your car represent additional sanctions for people convicted of aggravated DWI. Our lawyers can help you avoid penalties that go beyond these minimums in cases where the prosecution might seek even harsher consequences against you.

For more information about the best ways to face up to aggravated DWI charges, contact Michalski Militello in Rochester or Avon.