Aggravated DWI (AGG DWI)

As a prosecutor, Richard was a member of a specialized unit which focused exclusively on Nassau County Driving While Intoxicated and Driving While Under the Influence of Drugs cases. As part of this appointment, Richard attended police trainings on DWI detection, DWI policing policies, police testimony, Standardized Field Sobriety Tests (SFSTS), and breathalyzer technology. With this background, Richard is uniquely qualified as a Nassau County DWI Lawyer to represent you or your loved one who is accused of a crime. Our firm knows how to help you protect your license, protect your record, and protect your freedom.

DWI Lawyer Long Island NY

Aggravated DWI Lawyer Nassau, NY


The Importance of an Aggravated DWI Lawyer in New York

Driving While Intoxicated (DWI) is a criminal offense in New York that refers to when someone is driving with a Blood Alcohol Content level above .08%. Because drunk driving can be so dangerous for everyone on the road, the consequences for DWI convictions in New York are serious.

However, while driving under the influence of alcohol is always dangerous, not all DWI convictions are the same.  The charges for DWI crimes in New York depend on several factors, including your level of intoxication, the type of vehicle you’re driving, and whether anyone was injured in the accident.

One type of DWI in New York that carries more severe penalties if convicted is called an Aggravated DWI. This category of DWI refers to people who are caught driving with extremely high Blood Alcohol Content (BAC) levels when pulled over. If you or a loved one is accused of an Aggravated DWI charge in NY, you could face harsh penalties if convicted. Contact an experienced Aggravated DWI attorney in NY today to discuss your case and fight your charges.

What is an Aggravated DWI in New York?

In 2007, New York passed legislation to categorize a new category of drunk driving—the Aggravated DWI. An Aggravated DWI is more serious than a regular DWI because it’s reserved for cases where the defendant has superior elevated Blood Alcohol Content levels.

In NY and around the country, a normal DWI means driving with a BAC level of .08% or higher. The threshold is lower for commercial drivers—.04%, and minors—.02%. However, an Aggravated DWI in NY means either you had a BAC of .18% or higher or you committed a regular DWI with a passenger in the car who was 15 years or younger.

Although conviction of a first-time Aggravated DWI charge is technically still a misdemeanor, it comes with plea-bargaining restrictions and stricter penalties than a regular DWI.


At the Law Office of Richard Hochhauser, we have years of experience representing people accused of DWI and Aggravated DWI crimes in Nassau County. We understand the best strategies for building a case, and we’re not afraid to defend your rights in court. For a free consultation with our knowledgeable Nassau County DWI defense attorney, give us a call today at (516) 939-1529 or contact us online.

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The Difference Between a DWI, DWAI and Aggravated DWI

It’s important to understand that there are different types of intoxicated driving charges in New York and they each carry different punishments. Listed below are some of the drunk driving charges in New York and their penalties:

    • DWI: In New York and everywhere in the U.S, the Blood Alcohol Content limit for a driver is .08%. When a driver is caught with a Blood Alcohol Content of .08% or higher, there are above the legal limit and can be arrested and charged with DWI. Although a first-time DWI charge is a misdemeanor crime, it can come with heavy fines, potential jails time and a possible 6-month suspension of your license. If it is the second or third offense within a three-year period, you can be charged with a felony and risk stricter punishments.
    • DWAI: The least serious intoxicated driving charge is called Driving While Abilities Impaired (DWAI). A DWAI charge is an infraction that refers to when a driver has a lower level of alcohol content in their blood (between .05% and .07%) that is impairing their driving. If convicted of a DWAI in New York you could face fines up to $500 plus other fees, a 90-day mandatory suspension of your driver’s license, and prison time up to 15 days. For a second conviction within 5 years of the first, you can receive up to 6 months license suspension and mandatory completion of New York State’s Impaired Driving Program.
    • DWAI drug and DWAI combination: For driving while impaired by a single drug that is not alcohol or a combination of drugs, the penalties include up to one year in prison, fines from $500-$1,000, up to three years of probation, mandatory treatment programs and a license suspension up to six months.

All types of charges in New York can be penalized with fines, jail time and the suspension or revocation of your license. Consecutive and third convictions can compound the punishment significantly.

Aggravated DWI Penalties in New York

If you are convicted of an Aggravated DWI in New York, the penalties you face will depend on the nature of the offense and your previous driving record. Listed below are some of penalties you could face:

    • First conviction: A misdemeanor crime with punishments of a maximum one year in jail and three years of probation, fines from $1,000 to $2,500, a one-year revocation of your driver’s license, and the installation of an Ignition Interlock Device (IDD). You may also have to attend a Victim Impact Panel.
    • Second conviction: If you commit a second Aggravated DWI offense within a period of ten years, this is a Class E felony crime that can carry a jail sentence from one to four years, an 18 month license suspension and fines between $1,000 and $5,000.
    • Third conviction: A third Aggravated DWI convicted within a period of ten years can carry between one and seven years jail time and fines from $2,000 to $10,000.

Also, even if it’s a first-time offense, if there is a child in the car when you commit a DWI, DWAI or Aggravated DWI, you will be charged with a felony. The penalties for a DWI with a child can be severe, including up to seven years in prison, a five-year probation, the revocation of your license of at least one year, and up to $10,000 in fines.

If you’ve been accused of an Aggravated DWI in Nassau County, it’s no joking matter. To fight your DWI charge, whether it’s the first, second or third charge, contact an experienced DWI attorney in New York today.


“Mr. Hochhauser worked hard on my behalf. So hard that he achieved what seemed impossible. He always communicated with me honestly and earnestly, which is rare in any profession these days. He was prepared and forthright every step of the way. I hope to never need his services again but I would recommend him to any and all who are looking for an attorney. Amazing work, Mr. Hochhauser.”



What are IID and other penalties for Aggravated DWI convictions?

Aggravated DWI cases are complex and so are some of the punishments you can face if convicted. Here are some explanations of the penalties for drunk driving convictions in New York:

  • Ignition Interlock Device (IID): This is a device you are required to install which measures your Blood Alcohol Content before enabling you to start the vehicle. This device is usually required for at least one year with any DWI conviction.
  • Treatment programs: In some cases, you must submit to substance and abuse screenings to assess your dependency. If it’s determined that you’re dependent, you will be required to complete alcohol or drug rehabilitation programs for the duration or your probation.
  • Victim Impact Programs: People convicted of most drunk driving crimes are required to attend a series of presentations that discuss the impact of drunk driving or driving under the influence of drugs.

As you can see, there are a range of punishments involved with DWI and Aggravated DWI convictions. Hiring an attorney to help you with your DWI case in Nassau County is essential.

Do I Need an Aggravated DWI Defense Lawyer?

While you can legally represent yourself against an Aggravated DWI charge in New York, it’s not recommended. Having an experienced Aggravated DWI attorney who knows how to navigate the complexities of the legal system in Nassau County and investigate the specifics of your case can be crucial. An Aggravated DWI attorney in NY can help you build a strong, strategic defense that gives you the best shot at winning or having your charges reduced.

At the Law Office of Richard Hochhauser, we have specialized experience in Nassau County Driving While Intoxicated cases and years of experience fighting for people in Nassau County who have been accused. We understand how stressful a DWI charge can be for you and your family, and take pride in helping you or a loved one fight a DWI charge in NY to protect your privileges and freedom. For a free consultation with an experienced Aggravated DWI defense attorney in Nassau County, call us today at (516) 939-1529 or contact us online.

Can you have your Aggravated DWI dismissed or reduced?

Understanding how you can fight your Aggravated DWI charges is important. Having a skilled and experienced Aggravated DWI attorney in Nassau County on your team is the best way to develop a strong, proactive defense. At the Law Office of Richard Hochhauser, we understand some of the common errors and mistakes made in DWI cases.

If you work with us, our attorneys will help you with the following:

  • Raising doubt: Mistakes are often made in DWI cases, and we know how to find them. When mistakes are made at the time of arrest, it may disqualify certain evidence from being used against you. Common errors that could lead to your charges being dismissed include being pulled over without probable cause, faulty testing procedures or equipment, or credible witnesses to your sobriety.
  • Conditional license: In NY, people accused of Aggravated DWI usually have their driver’s license suspended at their arraignment. Our attorneys can challenge this decision and appeal for a conditional license that will enable you to commute to work and court.
  • Breathalyzer tests: If you refuse or fail a blood test after being pulled over, you are subject to arrest and the loss of your license for one year. An attorney can help you fight to have it reinstated but you will have to prove that you were pulled over for an invalid reason, subject to tests without probable cause, or the test results were invalid.

A knowledgeable Aggravated DWI attorney in Nassau County will investigate your case and choose the best strategy for your defense.