Buffalo Criminal Defense Attorney For Those Arrested On Aggravated Vehicular Assault Charges
Just as Buffalo drivers face enhanced DWI penalties if they are repeat DWI offenders or are caught driving while extremely intoxicated, a repeat or extremely intoxicated DWI offender who is involved in a motor vehicle accident may face enhanced vehicular assault charges.
Aggravated Vehicular Assault (NY Penal Code Article 120.04) is one of the criminal offenses that provide for additional penalties to such drivers.
To establish the charge of Aggravated Vehicular Assault, it must first be established that the defendant committed Vehicular Assault in the Second Degree.
Vehicular Assault in the Second Degree requires proof that the defendant caused a serious physical injury to another person in a motor vehicle accident and was guilty of Driving While Intoxicated, Driving While Intoxicated per se (usually called Driving with a Blood Alcohol Content of .08% or Greater), Driving While Ability Impaired by Drugs, or Driving While Ability Impaired by the Combined Influence of Alcohol and Drugs.
This offense is enhanced to the crime of Aggravated Vehicular Assault when there is also proof of any one of the following additional factors:
(1) the driver had a blood alcohol content of .18% or greater;
(2) the driving occurred while the driver’s license was either suspended or revoked for violating any of New York’s anti-drinking and driving or anti-driving under the influence of drugs offenses, or for refusal to submit to a blood alcohol test; or
(3) the driver had previously been convicted of any of New York’s anti-drinking and driving or anti-driving under the influence of drugs offenses in the past ten years.
The charge may also be enhanced when more than one person suffers a serious physical injury or where a person 15 years of age or less was a passenger in the defendant’s car and suffered a serious physical injury. Regardless, the penalties for Aggravated Vehicular Assault are steep.
If you are accused of DWI and were involved in a car accident, we can help you. Call us at 585-484-7432.