Latest / BSPE Legal Marketing Podcast / What Is NY VTL 1192(2-a), Aggravated DWI (.18+)? - Randall F. Inniss
Transcript
- 0:00What Is NY VTL 1192(2-a), Aggravated DWI (.18+)?
- 0:06A standard DWI charge is serious, but an Aggravated DWI under New York's VTL Section 1192(2-a) carries consequences that reach an entirely different level.
- 0:17New York law defines Aggravated DWI in two distinct forms, each triggered by different circumstances but both resulting in penalties far steeper than a standard drunk driving charge.
- 0:28The first form, under paragraph (a), applies when a chemical analysis shows a blood alcohol concentration of .18% or higher — more than twice the legal limit.
- 0:39The second form, under paragraph (b), applies when a driver violates DWI or drug-impaired-driving provisions while a child aged 15 or younger is a passenger in the vehicle.
- 0:51Because Aggravated DWI under paragraph (a) is a per se offense, prosecutors only need to prove that the defendant operated a motor vehicle and that a chemical test showed a BAC of .18% or higher.
- 1:03They are not required to prove the driver appeared visibly intoxicated, which makes the accuracy of the chemical testing process critically important to the defense.
- 1:12Problems with breath or blood testing equipment, improper administration, or procedural failures can all affect the reliability of the BAC result and may influence how the case unfolds.
- 1:23Compared to standard DWI per se at .08%, an Aggravated DWI conviction on a first offense doubles the mandatory fine range to between one thousand and twenty-five hundred dollars and doubles the minimum license revocation period to at least one year.
- 1:39A second Aggravated DWI within ten years becomes a Class E felony carrying fines up to five thousand dollars, up to four years of incarceration, and at least eighteen months of license revocation.
- 1:50A third offense escalates further to a Class D felony with fines reaching ten thousand dollars and a maximum of seven years in prison, reflecting how seriously New York treats repeat offenders.
- 2:01Every conviction also brings additional financial consequences, including DMV surcharges of up to five hundred twenty dollars, a Driver Responsibility Assessment of two hundred fifty dollars per year for three years, and a mandatory ignition interlock device requirement for at least twelve months.
- 2:17The child-passenger provision, commonly associated with Leandra's Law, enacted in 2009 following the death of eleven-year-old Leandra Rosado, is a Class E felony even on a first offense regardless of BAC level.
- 2:30Randall F. Inniss, founder of The Inniss Firm, PLLC, brings more than 22 years of investigative experience as a former New York State Trooper and former Certified Breathalyzer Operator who participated in over 100 DWI arrests.
- 2:44This attorney reviews the circumstances of every stop, the chemical-test evidence, and procedural details that may affect how the prosecution builds its case against you.
- 2:54Having a lawyer with firsthand knowledge of how DWI investigations are conducted can make a meaningful difference when examining gaps in the evidence and identifying weaknesses in the state's case.
- 3:04If you or someone you know is facing an Aggravated DWI charge in Rockland County or anywhere in New York, contact The Inniss Firm, PLLC at 845, 533, 0265, located at 400 Rella Blvd #165, Suffern, NY 10901, to schedule your free consultation today.