VTL 1192.2-a(a) · Article 1192
Aggravated Driving While Intoxicated (VTL 1192.2-a(a))
Aggravated DWI applies when the blood alcohol content is 0.18 percent or higher. It carries a larger fine, a revocation of at least one year, and ignition-interlock requirements.
Has your loved one been arrested or taken into police custody?
Text us immediately · (845) 290-2492What the prosecutor must prove
- You operated a motor vehicle in a location covered by VTL 1192(7), including public highways, private roads open to traffic, and qualifying parking lots.
- Your blood alcohol content was 0.18 or higher.
Defenses that commonly apply
- The breath instrument result is unreliable.
- The rising-blood-alcohol defense applies.
- The stop or the observation period was defective.
Penalties and collateral consequences
A Misdemeanor carries a maximum sentence of up to 1 year and a fine of up to $1,000 to $2,500.
Every case turns on its own facts. The information on this page is general, not legal advice.
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