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New York Criminal, DWI, Traffic FAQ, Articles and Updates

If a driver is found to have a blood alcohol content (BAC) of .18 or higher the charge will be Aggravated DWI. This enhanced charge requires the defendant to plea to a misdemeanor-level offense, unless a reason for a reduction of the charge to a violation is put on the record by the court and the district attorney. What this means is that the typical offer to a first-time DWI offender with a low BAC (which generally means a BAC of .08 to .18) cannot get the benefit of a lowering of the misdemeanor to the violation-level offense of DWAI.

In addition, there are enhanced fines and suspension penalties imposed for a conviction of Aggravated DWI.
Posted in: DWI FAQ
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