All posts by rlkugel

What is a New York Aggravated DWI / DUI?

Aggravated DWI is an enhancement in New York 1192.2a

If you are charged with aggravated DWI / DUI in New York then you are alleged to have had a Bac of .18 or more. The main difference is the length of revocation is one year. Fines can also be higher and associated classed can be longer.

In practical terms it can make it harder to negotiate a non-criminal disposition because now the prosecutor has to come down two steps instead of one. So instead of regular DWI down to impaired (DWAI) or traffic ticket non-criminal version…now its aggravated to regular DWI to impaired non criminal.

Obviously bringing in an attorney to try and convicnce the prosecutor why they should come down in your case might give you the best chance.


DUI/DWI Can Happen To Anyone

A New Jersey or New York DWI/DUI can happen to anyone. Of course no one is “pro drunk driver” but when you realize that police are out there looking to arrest drivers and the legal limit really only requires a couple of drinks it’s a recipe for many “regular” people to end up arrested for DWI.

“The evaluation will include a review of “court policies and programs to ensure they are free of racism.” It’s also expected to include a review of “bias education and training practices” and the appointment practices for judicial and nonjudicial personnel in the system. The court system says recommendations will focus on court operational issues and not on police practices.”

If protesting be careful. If you get arrested you may spend more time in jail in NYC than is usually allowed.

New York Prompt Suspension Law

In New York we have the prompt suspension law. If you’re arrested for DWI if the state can show at arraignment a certified copy ( which just means a signed copy) of a BAC of .08 or more then the judge can take your license even at arraignment. Even though you have only been accused and not convicted.

If this happens and it’s a first offense you can get a conditional license in 30 days. That conditional is “as of right” meaning you don’t have to ask a judge for it.

There is an opportunity to get a hardship license sooner but that is at the judge’s discretion so you do have to ask a judge’s permission for it at a hardship hearing. At the hearing you must demonstrate exptreme hardship. That license is also less broad only to and from work. It’s a complicated law so call us and we’ll tell you how it can work in your case. We’ll see if there’s a way to get you driving again quickly.


“as criminal-defense attorneys across New York State, we have witnessed firsthand the violence, degradation, and destruction wrought on individuals and communities of color by a brutal and punitive law-enforcement apparatus.”

Zero Tolerance in New Jersey

So in New Jersey we have a zero tolerance law. This involves people who consume alcohol when they are under 21. There’s a couple of implications.

If you’re under 21 and are caught buying or consuming alcohol in a place with a liquor license you can be fined $500 and have your license suspended for 6 months, which would start once you are eligible to get a license.

The other big implication is underage dui or sometimes called “baby dui”. This is where someone is under 21 with any amount of detectable alcohol .01 or more in violation of New Jersey’s zero tolerance law. The penalty is 30-90 day suspension 15-30 days community service idrc referral which is an assessment and class. The benefit to this is that an underage DWI will not count as a DWI to enhance a future potential DWI conviction so it won’t be a first offense for enhancement purposes. It should be noted that an underage person can still get a regular adult DWI if they have a reading of .08 or more for example. If you or someone you love is in trouble for underage drinking feel free to give us a call to see if we can help. 973-854-0098.