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New York treats drunk driving offenses harshly. The penalties you might face for an aggravated DWI are even more severe. You can be charged with an aggravated DWI when your blood alcohol concentration tests at .18 or higher within two hours of your arrest. Aggravated DWIs carry more serious penalties than a standard DWI, and prosecutors are limited in how they can plea bargain this type of offense to a lower offense.

Penalties for a first aggravated DWI

If you are convicted of an aggravated DWI as a first offense, you will face the following potential penalties:

  • Misdemeanor on your record
  • Jail for up to one year
  • Fine from $1,000 up to $2,500
  • Probation of up to three years
  • License revocation of 12 months
  • Victim impact panel attendance

The penalties will be even more severe if you have had a prior alcohol-related conviction within the past 10 years.

Penalties for a second or subsequent aggravated DWI

If you are convicted of an aggravated DWI and have a prior driving while ability impaired or driving while intoxicated conviction within the past 10 years, a second aggravated DWI conviction will be a felony. The penalties for a second aggravated DWI conviction within 10 years of an earlier alcohol-related offense include the following:

  • Felony on your record
  • Imprisonment for up to four years
  • Fine from $1,000 up to $5,000
  • Probation of up to three years
  • License revocation of 18 months
  • Victim impact panel attendance

A felony conviction can also have collateral consequences on other areas of your life that might continue long after your sentence has been discharged and completed. For example, people who have felony convictions might be prevented from purchasing firearms and might also struggle to find employment. Felony aggravated DWI convictions can also result in a loss of a professional license, trouble being approved for housing, and other issues.