The laws surrounding Driving While Intoxicated in New York State have become quite complicated and require the help of an experienced Rochester criminal defense attorney to navigate.
The penalties surrounding Aggravated Driving While Intoxicated Per Se are a good example of how complicated this area of law can become.
Like the standard charge of Driving While Intoxicated per se, the enhanced charge of Aggravated Driving While Intoxicated per se is still an unclassified misdemeanor for a first time offender.
While it is considered the more serious of the two offenses, the charge is not increased to a felony.
Instead, some of the potential penalties are enhanced.
A first time offender of Aggravated Driving While Intoxicated per se faces the same potential jail sentence of up to one year of incarceration or up to three years of probation.
A jail sentence of up to 60 days followed by probation is also possible.
The fine for the aggravated charge, however, is increased to between $1,000 and $2,500, which is a dramatically higher than the $500 to $1,000 fine for the standard charge.
It may be imposed in addition to any sentence of incarceration or probation.
The same surcharges, fees and Driver Responsibility Assessment penalty will be imposed as with the standard charge.
The length of time that the driver’s license of the defendant may be revoked is also increased from a minimum of 6 months for the standard charge to at least one year.
These are very serious penalties. If you have been arrested and need legal help, we can be reached at 585-484-7432.