This educational video on aggravated dwi was provided by Drew Fritsch, an experienced Buffalo Aggravated DWI Lawyer.
- Many people don't realize that there are several different types of DWI charges.
- Recently, a client who had been charged with aggravated DWI asked, “What is the difference between aggravated DWI and a regular DWI charge?”
- A person with a breath reading of .18 or higher will be charged with aggravated DWI.
- While aggravated DWI is still a misdemeanor, its penalties are higher than those for a regular DWI. The fine is from $1,000 to $2,500, in addition to expensive surcharges.
- The offender's license will be suspended/revoked for one year, and other consequences may include up to three years of probation and up to one year in jail.
- Judges are more likely to impose jail sentences for aggravated DWI than for regular DWI, so it's very important to hire an attorney as soon as possible to help defend against those charges.
Buffalo Aggravated DWI Lawyer Answers FAQs
Does arrest always lead to conviction?
To obtain a DWI conviction, the state must prove you operated a motor vehicle while intoxicated. This is usually done by testing your BAC by taking a sample of your blood, urine, breath or saliva. However, you can still be convicted of DWI even if you never submit to a chemical test that measures your BAC. This is because the police officer's observations during the stop, as well as your field sobriety test performance, can serve as evidence.
There are many ways for an experienced DWI Attorney to undermine the evidence that “proves” you operated a motor vehicle while intoxicated.
Police officer's observations can be unreliable, BAC test machines can malfunction, BAC results can be misinterpreted and a police officer may have violated your constitutional rights when he or she pulled you over or arrested you.
The arresting officer didn't read me my Miranda rights. Can I have my charges dismissed?
Individuals often believe that, if they were not read their Miranda rights, their case should be dismissed, but it is important to remember that those rights are not relevant for all matters. Miranda rights pertain to custodial interrogation. If an officer failed to read you your Miranda rights and you were not free to leave, any statements you made to incriminate yourself may not be allowed in court. It's important in any case to remember whether an officer read you your Miranda rights, and to go over any statements you made with an attorney.
If I go to trial, will I automatically lose?
You will not necessarily “lose” if you go to trial. Your attorney may work out a plea bargain with the district attorney beforehand. In that case you will still go to trial, and there the judge will offer you a plea bargain. Most New York criminal cases are resolved in this way.
In rare cases with serious contentions – if, for example the arresting officers violated your rights in some way while charging you with a DWI – you may present your case in court and have the charges dismissed or reduced.
Were you or a loved one arrested for suspected DWI? Don't plead guilty until you know all of your options. Attorney Drew Fritsch has over 20 years of experience defending the rights of good people caught up in bad situations.
Contact Drew Fritsch, an experienced DWI Attorney to defend your driving record and protect your future. We offer free consultations and have achieved positive outcomes for countless clients. Don't pay for one mistake for the rest of your life, let our experience work for you.