FAQs About Aggravated DUI/DWI In New York

A: In general, conviction for a misdemeanor aggravated DWI results in additional monetary fines, additional license revocation times. Other than those increased penalties, the penalty for an aggravated DWI is the same as a DWI. However, for a felony aggravated DWI, the consequences are not only additional fines and license revocations, but in fact increased exposure to jail time. Moreover, when a Leandra Law violation is committed by the child’s parent, guardian or custodian, the police are required to report the case to Child Protective Services.

A: The aggravated DWI statute in New York is a typical knee jerk reaction of the Legislature to specific grievous cases which are usually the exception and not the rule. The Legislature, in its infinite wisdom, has determined that by making a DWI aggravated, that somehow it will act as a further deterrent to persons drinking and driving. However, common sense tells us that persons who drink and drive do not do so because the circumstances will result in an aggravated DWI as opposed to a simple DWI. Thus the deterrent effect of such a statute is minimal. In New York, there are two types of aggravated DWI. The first type, per se DWI, makes it illegal to operate a vehicle with a BAC of .18% or more. The second type makes it illegal to violate the DWI statutes with a child under the age of 16 in the vehicle. This offense is known as “Leandra’s Law” – in memory of a child killed by a drunk driver. A Leandra’s Law violation is a felony, even for a first offense.