Aggravated DUI sets forth, in pertinent part, that no person shall operate a motor vehicle while such person has .18 of one per centum or more by weight as shown by chemical analysis of such person’s blood, breath or urine. Although the crime for a first time offender is a misdemeanor punishable by up to one year in jail, a felony prosecution that is punishable by up to 4 years in state prison can be brought if in the past 10 years the person has a prior DUI. Assuming this offense is the driver’s first, there is a fine of $1000 to $2500 as well as limitations on what a person can plead to that is significantly more strict than a DWI where that person’s alcohol level is lower.
In the event there is a sentence of probation, the law requires that an ignition interlock be placed on the vehicle until the period of probation is terminated. This mechanism is placed in the vehicle and requires the driver to blow into it before the ignition will start.
Additional requirements and penalties of the sentencing include a screening or an assessment, enrollment in an alcohol program and a one year revocation of a person’s driving privileges. While this is not a complete analysis and explanation of the crime and its potential sentences, it should be very clear to anyone who might get behind the wheel while intoxicated – prosecutors and judges are ready, willing and able to hand out severe punishments. Courts follow the number on the breathalyzer because it is the easiest thing to do. When they see that a person blew over a .18 they automatically believe in the person’s guilt and will impose harsh sentences up to and including jail time for a first offense.
If you have been charged with aggravated DUI in New York City, contact the Law Offices of Michael S. Discioarro, LLC, call 917-519-8417 and protect your rights!
