New York’s DWI laws are very complex, and it helps to have an experienced Rochester DWI lawyer who can help you.

For repeat offenders or those drivers whose behavior is considered particularly dangerous (such as driving with a very high blood alcohol content), there a variety of additional penalties that may be faced.

When a defendant with prior drinking and driving offenses is arrested for an alcohol-related driving offense, he or she may see the classification of the offense increased.

For example, what is classified as a misdemeanor drinking and driving charge for a first time offender may be raised to a felony offense if the defendant had a prior misdemeanor drinking and driving conviction within the past ten years.
Most DWI lawyers refer to this change in classification as facing enhanced DWI charges.

Enhanced DWI charges carry a longer potential jail sentence, increased fines, and a longer period of driver’s license revocation than those faced by first time offenders who otherwise have committed the same offense.

In contrast, aggravated DWI offenses do not require any prior drinking and driving convictions to be charged.Instead, they are based on the defendant’s behavior.

When a driver takes a breath test and scores .18% blood alcohol content or greater – which is a full .10% above the legal limit – he or she may be charged with Aggravated Driving While Intoxicated per se.

When a child age fifteen or younger is in the car, the driver may be charged with Aggravated Driving While Intoxicated with a Child.

Aggravated DWI per se is still a misdemeanor for first time offenders, but carries higher fines and a longer driver’s license revocation than DWI.

Aggravated DWI with a Child is a felony with not just higher fines and driving penalties, but a longer potential jail sentence.

DWI laws can be complicated and difficult to understand.

If you need the help of an experienced lawyer, call us at 585-484-7432.