When drunk, it is generally wise to avoid driving your car altogether, lest you get a driving while intoxicated (DWI) charge. Such a charge can have serious consequences, and, in New York state, it may get worse depending on various factors.
Here are some of the factors that can aggravate your DWI charge:
Blood Alcohol Concentration (BAC) level
A BAC level of 0.08% is enough to get you a DWI charge, and even higher results may worsen your case. If law enforcement finds you have a BAC of 0.18%, they will likely charge you with aggravated DWI.
Refusal to take a test
It is generally wise to stop your car when law enforcement directs you to. Refusing to stop and take a chemical test may impose additional penalties.
Drugs in your car
If law enforcement officers find drugs in your car, drug possession charges may also accompany your DWI.
Injuries or property damage
Causing injuries or damaging property while drunk driving can worsen your DWI in many ways. If you cause severe injuries or death, your charge will likely include assault and homicide.
Prior DWI convictions
When examining your case, prosecutors usually look at your prior convictions within a certain period. A DWI is typically a misdemeanor but having previous DWI convictions within the last 10 years can upgrade your charge to a felony.
Minor passenger
Drunk driving while having a passenger who is younger than 15 may automatically get you a felony charge under the Child Passenger Protection Act or Leandra’s Law.
A DWI may land you in serious trouble, but having an advocate who understands the complexities of DWI laws can help your case. An attorney can help you build a strong defense, and ensure that your case yields fair and reasonable outcomes.