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DWI Guide

Aggravated DWI in New York

New York DMV materials describe aggravated DWI as involving a BAC of .18 or higher. The allegation can carry more serious consequences than a standard first-offense DWI.

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Important: This site provides general information, not individualized legal advice. Criminal cases are fact-specific, and laws and court procedures can change.

The .18 Threshold

The DMV identifies .18 BAC and higher as aggravated DWI. That does not answer whether the test is admissible, accurate, or sufficient in a particular case.

Potential Consequences

Current DMV materials list increased fine ranges and longer minimum license consequences for aggravated DWI compared with standard first-offense DWI. Repeat history can further change exposure.

Defense Review Is Fact-Specific

The traffic stop, observations, field testing, chemical testing, timing, machine records, medical issues, statements, and prior history may all be relevant.

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