NY Vehicle and Traffic Law § 1192.2(2-a): Aggravated Driving While Intoxicated

by ECL Writer
NY Vehicle and Traffic Law § 1192.3: Driving While Intoxicated

In the state of New York, the roar of an engine on a Friday night can often be accompanied by laughter and celebration, as people unwind after a long week. However, behind this seemingly ordinary scenario lies a darker and far more dangerous side – aggravated drunk driving. New York, like many states, has taken a resolute stance against impaired driving, recognizing the grave risks it poses to both individuals and the community at large.

Under New York Vehicle and Traffic Law 1192.2(2-a), aggravated drunk driving is explicitly prohibited, reinforcing the state’s commitment to road safety. This provision aims to address the alarming increase in severe alcohol-related accidents and incidents that have shattered lives and communities. This article eastcoastlaws.com delves into the specifics of New York’s law against aggravated drunk driving, shedding light on the consequences for those who choose to ignore the perils of getting behind the wheel while under the influence. Join us as we explore the legal framework and societal impact of New York’s determined fight against this perilous behaviour.

Aggravated Driving While Intoxicated

In New York, there are several laws related to driving while intoxicated (DWI), and these laws can result in varying levels of charges depending on the circumstances. One of the more serious DWI offences in New York is known as “Aggravated DWI,” which is governed by New York Vehicle and Traffic Law § 1192.2(2-a). This offence is considered more serious than a standard DWI charge, such as driving while ability impaired (DWAI) under New York Vehicle and Traffic Law § 1192.1, and it includes two specific factors that elevate its seriousness:

  • Blood Alcohol Level of .18 or More: If a driver is found to have a blood alcohol concentration (BAC) of .18 or higher at the time of arrest, they can be charged with Aggravated DWI. This BAC threshold is significantly higher than the standard BAC limit of .08 which applies to most DWI cases.
  • Presence of a Child Under the Age of 15: If there is a child who is 15 years old or younger in the vehicle with the driver at the time of the DWI offence, this also elevates the charge to Aggravated DWI. Having a child in the vehicle makes the offence more serious due to the potential harm posed to the child’s safety.

Aggravated DWI carries more severe penalties than standard DWI or DWAI offences. Penalties for Aggravated DWI may include fines, driver’s license suspension, mandatory alcohol education programs, and even potential jail time, depending on the specific circumstances and prior convictions.

It’s important to note that New York takes drunk driving very seriously, and the penalties for DWI offences can be significant. If you or someone you know is facing a DWI charge in New York, it’s essential to consult with an attorney who specializes in DWI defence to understand the specific implications and potential defences related to the case.

Defences for Aggravated Driving While Intoxicated

Common defences to charges of driving under the influence include contesting the reason for the traffic stop and the accuracy of the chemical test. A police officer must have reasonable suspicion before pulling you over. You must, for instance, be speeding or driving erratically. Otherwise, the court can rule that the stop was illegal and that any evidence gathered during it, including the outcome of a field sobriety test, should be discounted.

Results from field sobriety tests can be skewed by a variety of things, such as illness, medicine, and even weight. Chemical tests can also be contaminated if they are not administered and processed appropriately by individuals handling them.

Sentence for Aggravated Driving While Intoxicated

A misdemeanour is being charged with very inebriated driving. A fine of $1000-$2500 must be paid, and there may also be a jail sentence of up to a year. Additionally, you will be compelled to put an ignition interlock device in your car to stop you from driving while inebriated. The price for the lock installation will be your responsibility. The gadget will stay in your car for a minimum of six months. Your license could also be suspended in addition.

New York Vehicle and Traffic Law § 1192.2(2-a): Aggravated driving while intoxicated

a) By itself. A chemical study of a person’s blood, breath, urine, or saliva performed in accordance with the provisions of section 1194 of this article must reveal that the individual has 18 or more of alcohol by weight in their blood. This prohibits them from operating a motor vehicle. (b) Alongside a kid. When a child who is fifteen years of age or younger is a passenger in a motor vehicle, the operator of the motor vehicle shall not operate the motor vehicle in violation of subdivisions two, three, four, or four of this section. Leandra’s Rule

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