There are two forms of Aggravated DWI charges that may be filed in New York State – Aggravated DWI per se and Aggravated DWI With A Child.

Even if a Rochester driver is a first time offender, he or she may be charged with either of these offenses under the right circumstances.

While the names of these offenses are similar, both the facts that may give rise to either offense and the potential penalties involved are very different.

Aggravated DWI per se is based solely on a driver operating a motor vehicle with a blood alcohol content of .18% or greater.

It does not require proof that the driver was engaged in erratic operation of the motor vehicle or any physical evidence of intoxication aside from the results of a breath or blood test that are .18% or greater.For a first time offender, this offense is a misdemeanor.

Aggravated DWI with a Child, however, may be charged in the absence of a breath test score or even when there has been no alcohol use.

It is charged when a driver with a child fifteen years of age or younger in the motor vehicle commits the offense of Driving While Intoxicated, Driving with a Blood Alcohol Content of .08% or Greater, Driving While Ability Impaired by Drugs, or Driving While Ability Impaired by a Combination of Alcohol and Drugs.

The particular facts that must be proven will depend on which of these offenses forms the underlying basis for the charge of Aggravated DWI with a Child. Aggravated DWI with a Child is a class E felony – even for a first time offender.

As a result, the potential penalties include a much longer period of incarceration and higher fines than for a charge of Aggravated DWI per se.

Anyone arrested for a drinking and driving offense needs an experienced lawyer who understands the charges brought against them.

If you need legal help, call us at 585-484-7432 for a legal consultation.