Have you ever heard of drunk driving? Did you know that recorded drunk driving accidents comprised of a staggering 25% of traffic deaths in only 2023? Can An Aggravated DWI in NY Get Reduced?
It really shows by how almost one out of four traffic fatalities could be prevented by people’s decision of driving under the influence of alcohol. Based on the information from the National Highway Traffic Safety Administration (NHTSA) the estimated fatality rate for the firs three months of 2024 has dropped to a sound 1.13 fatality per 100 million vehicles.
Article Summary
Can An Aggravated DWI in NY Get Reduced?
Aggravated DWI is driving with a blood alcohol concentration (BAC) of 0.18% or higher – this is when you are charged with more serious penalties than your standard DWI charge, such as higher fines, longer jailing periods and more restrictive driving privileges.
These penalties will differ from state to state and on the seriousness of your offense.
For instance, DWI penalties in NC enhanced DWI penalties for Level 1 DWI contain jail time of 12 to 36 months and can cost up to $10,000. Let’s look at mitigating circumstances and the court proceeding for the reduction of aggravated DWI:
Legal Criteria for Reduction
In New York State, if you wish to have your aggravated DWI charge reduced you need to fulfil certain legal requirements. Higher BACs (blood-alcohol levels) are always one reason for this; if your BAC is off the chart, this could make it harder to achieve a reduction. You are also more likely to get a reduction if you do indeed feel remorseful (and probably aren’t going to do it again).
Another thing – and this might seem obvious a good driving record is helpful. Convictions or other offences may make reduction negotiations difficult. Showing up to all your court dates, and dealing with law enforcement in the right way, not in a hostile way – may be another indicator of how you’re going to get the matter resolved.
The person should hire an attorney who is experienced in Driving While Intoxicated case, so that it is possible to conquer the legal system and maximise the opportunities to get a favourable decision.
As long as you clear these legal hurdles and present a compelling case for mitigation, a New York aggravated DWI might only result in a jail sentence on par with a standard DWI.
Potential Defense Strategies
A frequent approach to rebutting a DWI is to attack the reliability of the field sobriety tests or breathalyzer that were used. A mistake or miscalibration of these tests could negatively affect a prosecutor’s ability to prove your case.
Another is: challenge the ‘stop’. If the police lacked probable cause to stop you, post-arrest evidence may be excluded. Proffering an alibi, or witnesses who can vouch for the fact that you hadn’t been drinking, also might help.
Impact of Legal Representation
Having a good lawyer might just be the thing that changes your life, from the outcome of your case. A good DWI defence attorney knows the law, the courts and how to manage the legal process. A knowledgeable attorney might examine the facts in your case and find issues that he can use to your advantage. Therefore, your attorney might create a plan to contest the charges against you.
A lawyer, for example, can make a deal with prosecutors by dropping charges or lessening the severity of the sentence; an experienced lawyer, as the American constitution says, can argue all your side of the case with a persuasive voice.
Mitigating Factors Considered
How severely you are punished for a NY aggravated DWI will depend largely upon mitigating circumstances.
At arrest, your BAC, your criminal history, your participation in the investigation and cooperation with law enforcement all have the potential to weigh upon the prosecutor’s or judge’s perception of your case. Do you also want to make efforts to pursue an alcohol treatment program or similar course of action?
And a lower BAC could work in your favour in helping the court to lower the charges. As mentioned, remorse and willingness to address your alcohol issues could be factors the judge considers. And cooperate with others; sometimes you may be asked to take sobriety tests and to be respectful of the arrest process in general.
If you sought out counseling or treatment on your own, that can be a positive indication that you’re being accountable for your actions.
Court Process for Reduction
The process through which it is achieved often looks like this. Your attorney will first submit a motion to the court requesting the reduction – using evidentiary grounds to justify any reductions you are entitled to receive, such as the one detailed above.
The prosecution can react to the request by arguing against reducing the charges.
Next, each side can make arguments as to why they think the sentence should or shouldn’t be reduced at a hearing. The judge will then decide whether or not to reduce the sentence. This last stage is a most important time for you and your attorney to work together to protect your rights and to ensure that your severe DWI case stands the best possible chance of being reduced.
Conclusion
If you’re charged with an aggravated DWI in New York, here is how to give yourself an excellent chance of being able to reduce the charge. First of all, the person has to have had a blood-alcohol content (BAC) level of at least .18, which is almost double the legal limit of .08.
The next thing that must be present is proof that the driver engaged in some sort of reckless behavior, such as driving extremely fast or swerving on the road. And, of course, the driver must have had a prior conviction for a DWI within the preceding decade, which means you have to also be looking at other kinds of DWI convictions.
However, if an aggravated DWI is on your record, all is not lost, if you understand the factors that make the conviction unlikely.
