Aggravated DWI

[Lisaanne0130]

What is the name of your state (only U.S. law)? New York

Thursday evening I recieved a call from the police station. My friend was arrested for DWI.
BAC .18 They released him into my custody, without bail. He was charged with a DUI ( 1192.1) in Feb. 05. What can he expect to happen with this? Does he need a lawyer present for his plea, which is Jan 5?

Thank You

[Peligroso27]

1192.1 is considered a non-criminal "traffic infraction" which does not leave the driver with a criminal record, this is the least serious DWI / DUI offence. The penalties can range from a minimum fine of $300.00 and a maximum fine of $500.00 to up to 15 days in jail or both. However, if the driver has already been convicted of one prior DWI / DUI offense in New York, the penalty is increased to a minimum fine of $500.00 and a maximum fine of $750.00 or 30 days in jail or both. If the driver has been convicted of two or more DWI offenses in New York, then the classification of this DWI offense is changed to a misdemeanor (which does give the driver a criminal record) with a minimum fine of $750.00 and maximum of $1,500.00, plus up to 180 days in jail or both. A mandatory 90-day suspension of the driver's license to operate a vehicle will be imposed if the motorist has no prior DWI convictions. The suspension is for 6 months where the motorist does have a prior DWI conviction. However, NY courts are often willing to postpone that suspension for 20 days in order for the motorist to petition the Department of Motor Vehicles for a restricted license that will permit them to drive to and from work only.

1192.2 is the standard, garden-variety drunk driving offence that is typically charged when a motorist is arrested for DWI. It is considered a misdemeanor and does constitute a crime, giving the driver a criminal record. The minimum penalty, assuming no prior convictions for DWI as a misdemeanor, is a minimum fine of $500.00 and a maximum fine of $1,000.00 or both. A term of no more than one year in a NY prison is authorized. The mandatory license revocation is for 6 months, with the same provision for a restricted license through DMV as outlined above.

Your friend needs a lawyer anytime he goes to court.

[BL]

See here:

[url=http://www.nydmv.state.ny.us/dmvfaqs.htm]NYS DMV - Frequently Asked Questions[/url]

Aggravated Driving While Intoxicated (A-DWI) $1,000 - $2,500 1 year Revoked for at least one year

If he can afford a lawyer ,he should retain one .

If he can't, he may/or may not qualify for Public Defender status . If he does the court will reschedule and appoint him/her one .

[Lisaanne0130]

If I was reading your reply correctly, then the 2005 charge wont be looked upon as a DUI?
The charges are 11922A, 11922,11923, and some traffic violations ( 1128a, 3752a4 )
He was refused to call his lawyer at the police station, and told he wouldnt need a lawyer for his plea hearing. What could be the worse case senierio for the mess he's in? You would think that after the first 2005 incident he would have learned a lesson, sorry just venting...

Thanks again

[Peligroso27]

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.