Friday, November 14, 2014

What are the Two Types of New York Aggravated DWI?

I recently had a person call me utterly confused by her online searches for information. She had ran out in the middle of night to pick up her kid, was not expecting to, and whammo, aggravated DWI.
She was confused because her BAC was only a .09 and her paperwork, said FELONY? How was that possible? Her kid was 15, and so many lawyers and websites said, no, it's someone UNDER 15.

You know how if you say something enough times and in enough places incorrectly it just takes on a life of it's own and somehow becomes TRUE, well that's the internet. Accurate and Reliable Sources are important.

How much Misinformation is floating out there?

What is the truth about New York Aggravated DWI charges?

OMG If I see another DWI/DUI internet site spouting wrong information, again and again with some very criminal defense large firms I see this, do your own search for NY aggravated DWI with a child:

New York DWI with a child Under 15 years of age = NYS Aggravated DWI, THIS is WRONG


New York Aggravated DWI comes in two forms:

THE FELONY (any Blood alcohol concentration or no BAC) but with a kid

It is a class E felony to drive while intoxicated (common law, .08 BAC or more) with a child under 16, so very easy here, 15 or less, imagine if you will someone with a 15 year old that thinks they are out of the woods based on the above mis-information.

THE MISDEMEANOR (a Blood alcohol concentration of .18 or higher)

It is an unclassified aggravated misdemeanor to drive with a BAC of .18 or more. In most cases that's like 9 plus drinks (figuring .02 BAC/drink).

Always remember to consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

Reviews of Larry Newman:

Chosen as a 2013 Rising Star in DWI/DUI in Upstate New York by Super Lawyers

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