Buffalo drivers who are repeatedly arrested for drinking and driving may face a number of serious charges, with the specific charges depending on the circumstances surrounding the arrest.
For repeat offenders who are found to have a very high blood alcohol content at the time of arrest, Felony Aggravated Driving While Intoxicated per se is one of these serious criminal charges that may be filed.
Felony Aggravated Driving While Intoxicated per se may be charged where a repeat offender has undergone a blood alcohol test and scored .18% or greater.
A blood alcohol content of .18% is more than twice the legal limit. The charge does not require proof of any “bad driving” by the defendant. Instead, the necessary proof is limited to establishing that the driver operated the vehicle on a public highway with a blood alcohol score above at least .18%.
It also must be shown that within ten years of the current offense, the repeat offender had previously been convicted of Driving While Intoxicated, Driving While Intoxicated per se (also called Driving with Blood Alcohol Content Of .08% Or Greater), Aggravated Driving While Intoxicated per se, Driving Under The Influence Of Drugs, Driving Under The Combined Influence Of Alcohol And Drugs, or one of various Vehicular Assault and Vehicular Manslaughter charges related to driving under the influence of alcohol.
If the prior offense occurred more than ten years ago, the charge is not elevated to a felony.
Instead, the defendant may be charged with Aggravated Driving While Intoxicated per se as a misdemeanor.
We are experienced at handling both felony and misdemeanor level drinking and driving offenses.
If you need the help of a criminal lawyer, call us at 716-542-5444.