New York DWI law is unique, in that it gives all motorists a qualified right to consult with a DWI lawyer before deciding whether to take or refuse the chemical test. (It is "qualified" because those arrested have a right to call and obtain advice from a DWI lawyer, but the police do not have to wait for that lawyer to show up.) New York DWI lawyers know that taking late-night calls is simply part of the job description. It is critical to consult with a qualified New York DWI attorney before deciding this issue, since taking or refusing the test is an important and complicated decision following a drunk driving arrest.
DWI cases can be "aggravated" (with harsher punishment and penalties) where the BAC is .15 or more, where there is a traffic accident, refusal to take the chemical test, or any other attempt to evade police or flee the scene of a DWI accident.
Late in 2006, New York State passed a new law establishing an Aggravated DWI offense, which applies when the blood-alcohol content is found to be 0.18 or higher.
The "aggravated" offense carries stiffer penalties. The fines are higher, and the licensing consequences are more severe.
Perhaps the most significant impact of the new law concerns plea bargaining. It is quite common for at attorney to get a DWAI violation deal for someone charged with a DWI. DWI is a misdemeanor - a crime - while DWAI is only a violation, and is not considered a crime in New York. With the aggravated DWI charge, it is now nearly impossible to get a plea deal to the DWAI violation. The only offer will be a reduction to the DWI misdemeanor, and thus a criminal record. I generally believe it is wise to fight an Aggravated DWI charge initially, making motions and going through a suppression hearing. In most cases the plea bargain to the lesser DWI misdemeanor will still be available after the hearing (though there is certainly no guarantee of this, and for that matter, no guarantee of results at all). The police often make mistakes, and sometimes those mistakes will be enough to win the case or persuade the prosecutor to agree to a better deal.