What Is Aggravated DWI?

Answer 1

A DWI is an offense that is not taken lightly. Driving while intoxicated, or DWI, takes place when someone operates a motor vehicle while under the influence of alcohol. Driving while intoxicated is not taken lightly. There are strong DWI laws in every state in the country. In some cases, people may be charged with a more severe form of DWI. This is known as aggravated DWI. Aggravated DWI usually results in much tougher punishments.

If a person is suspected of driving while intoxicated, they are usually stopped by police. Police will use a series of things to determine if a person is intoxicated. The first step is to ask the driver a series of questions. After that, a police office may administer one or more tests. These tests usually gauge a person's mental and physical coordination. These are usually referred to as field sobriety tests. They include asking someone to walk in a straight line, recite part of the alphabet, or stand on one foot. After the tests, a police officer may request that they blow in to a breathalyzer. At this point, the police officer determines if an arrest is warranted. At this point, the person is taken to a police station where blood and chemical tests are administered. These tests determine the blood alcohol content of the driver. Most states set the blood alcohol limit at .08. Anything over that number constitutes a DWI offense.

For an aggravated DWI, several factors are considered. One of those factors is the extent of the intoxication. Many states have a blood alcohol level that signifies an aggravated DWI. In New York, that number is .18. If anyone has a blood alcohol over that amount, they can be charged with aggravated DWI. Other factors include the extent of damage caused, injuries to other drivers or pedestrians, and the presence of children in the car. Aggravated DWI charges carry stiffer penalties. Fines and the potential for jail time are increased. On top of that, license suspensions are more severe. Some states allow DWI offenders to obtain conditional licenses for things like work or child care. If they are convicted of an aggravated DWI charge, they will lose that right. An aggravated DWI conviction will result in a longer license suspension as well as more difficulty in regaining driving privileges. In addition, a person who has prior DWI convictions is likely to receive an even tougher punishment if they are convicted of an aggravated DWI.