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NY Vehicle and Traffic Law § 1192.2(2-a): Aggravated Driving While Intoxicated

There are several laws in New York related to driving while intoxicated. There are certain factors that if present will result in you facing a charge that is more serious than a traffic infraction such as driving while ability impaired under New York Vehicle and Traffic Law § 1192.1. Under the New York Vehicle and Traffic Law § 1192.2(2-a) there are two factors that will raise the seriousness of a driving while intoxicated offense to an aggravated DWI:

  1. A blood alcohol level of .18 or more
  2. The presence of a child under the age of 15 in the car with you.

A man goes to a bar to unwind after work. He drinks a couple of beers and has a couple of shots of hard liquor. As he driving home a police officer notices that the man is driving erratically, drifting from lane to lane. The police officer pulls the man over and smells alcohol. The man performs poorly on the field sobriety test. He also admitted that he had a few drinks at a bar. A chemical test showed that his BAC was .19. The fact that his BAC was above 0.18 would be enough to charge him with aggravated DWI.

Related Offenses
  1. Driving while ability impaired: New York Vehicle and Traffic Law § 1192.1
  2. Driving while intoxicated; per se: New York Vehicle and Traffic Law § 1192.2
  3. Aggravated driving while intoxicated with a child: New York Vehicle and Traffic Law § 1192.2-a(b)
  4. Driving while intoxicated: New York Vehicle and Traffic Law § 1192.3
  5. Driving while ability impaired by drugs: New York Vehicle and Traffic Law § 1192.4

Common defenses to driving while intoxicated charges involve challenging the basis for the traffic stop and challenging the validity of the chemical test. In order for a police officer to pull you over, that officer must have probable cause. For example, you must be driving erratically or speeding. Otherwise, the court may determine the stop was bad and therefore the evidence collected during the stop, such as the results of a field sobriety test, is to be disregarded.

Field sobriety test results can be tainted by a number of factors including illness, medication, and even obesity. In addition, chemical tests can be tainted if they are not handled properly by those administering and processing the tests.


Aggravated driving while intoxicated is a misdemeanor. The sentence will include the payment of a fine of $1000-$2500, a jail term of up to 1 year, or both. You will also be required to install an ignition interlock device in your vehicle, designed to prevent you from operating your vehicle while you are intoxicated. You will have to pay for the installation of the lock. The device will remain in your vehicle for at least 6 months. In addition, your license is subject to suspension.

New York Vehicle and Traffic Law § 1192.2(2-a): Aggravated driving while intoxicated

(a) Per se. No person shall operate a motor vehicle while such person has .18 of one per centum or more by weight of alcohol in such person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva made pursuant to the provisions of section eleven hundred ninety-four of this article. (b) With a child. No person shall operate a motor vehicle in violation of subdivision two, three, four or four-a of this section while a child who is fifteen years of age or less is a passenger in such motor vehicle. (Leandra's Law)

The Law Offices of Stephen Bilkis & Associates can help

If you are charged with aggravated DWI it is important that you are represented by someone with experience handling DWI cases. A conviction could result in possible imprisonment and steep fine, as well as a suspension of your driving privileges. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with reckless driving, DUI, vehicular homicide, and other serious crimes. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.

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