Aggravated Driving While Intoxicated per se is an “enhanced” criminal charge that a Rochester driver accused of driving under the influence of alcohol may face under certain circumstances.
Its purpose is to impose greater penalties on drivers who may be extremely intoxicated.
While a normal Driving While Intoxicated per se charge may be brought where a driver operating a motor vehicle on a public highway submits to a breath, blood or urine test and is found to have a blood alcohol content of .08% or greater, Aggravated DWI per se is charged when the blood alcohol test results in a score of .18% or greater.
This is a full .10% above the score needed for Driving While Intoxicated per se and more than twice the legal limit.
The charge does not require any proof of “bad driving,” all that is required is proof that the driver had a blood alcohol score above of at least .18% when operating a motor vehicle.
If you have been arrested for driving under the influence of alcohol, we can help you.
Call us at 585-484-7432.