Aggravated DWI in New York

Section 1192 of the New York Vehicle and Traffic Law prohibits drunk driving and driving while intoxicated by drugs. There are subsections describing aggravating circumstances that would result in a drunk driving or intoxicated by drug charge to be more serious and an increase the potential penalties. Section 2-a of New York's Vehicle and Traffic Law addresses the crime of aggravated driving while intoxicated. Under this section, there are two separate offenses: driving with a blood alcohol concentration (BAC) of .18 or higher and driving with a child age 15 or younger in the vehicle. If you are charged with aggravated driving while intoxicated, contact an skilled New York DWI lawyer at Stephen Bilkis & Associates who can help navigate the complex legal system and ensure that your rights are protected throughout the process.

Subsection (a) of Section 2-a pertains to driving with a BAC of .18 or higher. This is commonly referred to as a "per se" DWI offense because the law establishes a legal presumption that the driver is intoxicated if their BAC is .18 or higher, regardless of whether or not they were actually impaired. To prove this offense, the prosecution must present evidence that the driver's BAC was .18 or higher, which is typically done through chemical testing of the driver's blood, breath, urine, or saliva.

A chemical test is conducted by a trained professional, such as a police officer, who administers the test using a device known as a breathalyzer or other approved equipment. The results of the test are admissible in court and can be used as evidence to prove that the driver was driving with a BAC of .18 or higher. If the driver is found guilty of this offense, they will face more severe penalties than they would for a standard DWI conviction, including a longer license revocation period, higher fines, and possibly even a longer jail sentence.

Subsection (b) of Section 2-a involves driving with a child age 15 or younger in the vehicle while under the influence of drugs or alcohol. This offense is considered particularly serious because it endangers the life of the child passenger in addition to the driver and other people on the road. To prove this offense, the prosecution must show that the driver was under the influence of drugs or alcohol and that a child age 15 or younger was present in the vehicle at the time of the offense.

If a driver is found guilty of aggravated driving while intoxicated with a child in the vehicle, they will face more severe penalties than they would for a standard DWI conviction. This may include increased fines, longer license revocation periods, and possibly even felony charges, depending on the circumstances of the case. Additionally, the driver may face additional charges for endangering the welfare of a child or other related offenses.

One notable case regarding 2-a. Aggravated driving while intoxicated is People v. Heitzman, 130 A.D.3d 1255 (4th Dept. 2015). In this case, the defendant was charged with aggravated DWI under 2-a(a) after being pulled over for speeding. The defendant consented to a breathalyzer test, which revealed a BAC of 0.19%. The defendant argued that the test results should be suppressed because the arresting officer did not have reasonable suspicion to initiate the traffic stop. However, the court rejected this argument, finding that the officer had observed the defendant speeding and had reasonable suspicion to believe that the defendant had violated a traffic law. As a result, the court upheld the aggravated DWI conviction.

Another notable case is People v. Hayes, 118 A.D.3d 1301 (3d Dept. 2014). In this case, the defendant was charged with aggravated DWI under 2-a(b) after being pulled over for failing to maintain her lane. The defendant's two children, both under the age of 15, were in the car at the time. The defendant admitted to drinking before driving, and a breathalyzer test revealed a BAC of 0.24%. The defendant argued that she should not be convicted of aggravated DWI because she did not actually endanger her children while driving. However, the court rejected this argument, finding that the statute does not require proof of actual endangerment, only proof that a child under the age of 15 was a passenger in the car while the defendant was driving with a BAC of 0.18% or higher. As a result, the court upheld the aggravated DWI conviction.

If charged with aggravated DWI under 2-a(b), in violation of Section 1192.2-a of the New York Vehicle and Traffic Law, it is important to contact an experienced DWI attorney serving New York as the consequences of a conviction can be severe and may include significant fines, license suspension, and even imprisonment. Contact Stephen Bilkis & Associates at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We represent clients in Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County, Westchester County, and Suffolk County.