Long Island, New York Criminal Defense Blog

Wednesday, April 1, 2015

In New York, What is Aggravated Driving While Intoxicated?

In Nassau County and Suffolk County (Long Island), arrests for Driving While Intoxicated are very prevalent.  It seems as though the word is still not out that to all that Drinking and Driving is not longer socially acceptable (if it ever was) and the police are cracking down hard and the District Attorney's Office and Judges are getting tougher with their plea bargaining policies and sentences respectively.  

In New York State, there is a relatively new law called "Aggravated Driving While Intoxicated."  Vehicle and Traffic Law Section 1192(2-a) is referred to as "Aggravated Driving While Intoxicated."  There are two types of Aggravated DWI.  The first type, per se Aggravated DWI, makes it illegal to operate a motor vehicle with a blood alcohol content (BAC) of .18% or more.  Although the name Aggravated DWI implies that the accused is highly intoxicated, it is not an element of this crime that the accused high BAC actually rendered him or her "intoxicated."

The second type of Aggravated DWI makes it illegal to violate Vehicle and Traffic Law Section 1192(2), (3), (4), or (4-a) with a child under the age of 16 in the vehicle.  This offense is known as Leandra's Law in memory of a child killed by a drunk driver.  A Leandra's Law violation is a Felony, even for a first offense.

If you have been arrested for Aggravated DWI, or any crime for that matter, you need an experienced attorney to represent you.  Call Michael A. Arbeit, P.C. today for a free and confidential consultation.  We are always available 24/7 at (516) 766-1878.    



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