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Factors that may elevate a DWI charge to aggravated DWI


No drunk driving allegation is easy to overcome but some charges carry with them penalties that are more straightforward to defend or negotiate through plea deals. Aggravated DWI charges, however, are very serious and New Yorkers who must face them may seek the support of trained criminal defense attorneys to assist them in their legal battles. This post will discuss just some of the factors that can raise standard DWI charges to aggravated DWI charges.

One of the most common ways for a DWI charge to become an aggravated DWI charge is for the driver's blood alcohol concentration to allegedly be very high. If the driver's BAC is at least twice the legal limit they may find themselves defending an aggravated drunk driving charge rather than a normal drunk driving charge.

Also, an aggravated DWI charge may be filed against a driver if they had a child in the car when they allegedly drove drunk. Aggravated charges can also attach if a driver was speeding or driving without a legal license at the time of their allegedly illegal act.

Finally, an aggravated DWI charge can be issued for a driver who has been subject to previous drunk driving arrests. Though a first time aggravated DWI charge can be filed, repeat offenders can also have aggravated charges filed against them.

Aggravated DWI charges are serious and can cause driver to lose important rights and freedoms. With the help of dedicated criminal defense attorneys, though, many individuals are able to work with their charges and find reasonable solutions to protect themselves and their futures from drunk driving penalties.

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Lerner & Lerner, P.C.

Former prosecutors with more than 50 years of combined experience

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