New York’s aggravated drunk driving law enhances the criminal penalties and sentencing guidelines for drivers who operate their motor vehicle with a high blood alcohol content (BAC) limit. Recent statistics have shown that about one-third of suspected drunk drivers test at the enhanced penalty levels.
Read on to learn more about New York’s aggravated drunk driving law and the penalties and sentencing a person may incur if convicted.
Overview of the Aggravated Drunk Driving Law
Under the provisions of the aggravated drunk driving law in New York, drivers that are 21-years-of-age or greater, and operate a motor vehicle with a BAC of .18% or greater, will incur enhanced criminal penalties and sentencing if convicted.
In addition to the sentencing and penalties mentioned below, such drivers will have to serve a period of probation of 3 years and have an ignition interlock device installed into their vehicle for a minimum of six months.
The ignition interlock device requires the driver to blow into it in order to measure his or her BAC level prior to starting the vehicle. The driver must operate the vehicle within a specified BAC limit and blow into the device every 15 minutes.
If the device detects that the driver’s BAC is above the minimum threshold, the vehicle will turn off after it comes to a complete stop. If this occurs, the driver may incur double the penalty of their current driving restrictions.
Sentencing & Penalties for a Aggravated Drunk Driving in New York
|Conviction||Mandatory Fine||Maximum Jail Term||Mandatory Driver License Action|
|1st Conviction – Misdemeanor||$1,000 to $2,000||1 Year||Revoked for at least one year.|
|2nd Conviction Within 5 Years – Class E Felony||$1,000 to $5,000||Up to 4 Years in Jail & 30 Days of Community Service.||Revoked for at least 18 months.|
|3rd Conviction Within 10 Years – Class D Felony||$2,000 to $10,000||Up to 7 Years in Jail & 60 days of Community Service.||Revoked for at least 18 months.|
In comparison to standard drunk driving law sentencing and penalty guidelines, aggravated drunk driving penalties and sentencing are somewhat similar. The main difference between the standard and aggravated drunk driving offense pertains to the offender’s driver license revocation and period of probation.
If you have been charged with aggravated drunk driving in New York, contact me for a free case review. I have handled numerous drunk driving cases for residents throughout New York City.