Driving while intoxicated (DWI) charges are possible after targeted one-on-one traffic stops, car crashes or sobriety checkpoint encounters in New York. Police officers who witness clear signs of intoxication in traffic or who administer tests that drivers fail may decide to arrest them.

Motorists accused of DWI offenses are at risk of jail time, fines and possibly also a driver’s license suspension. Those penalties can affect someone’s finances and their career. A conviction may also result in a criminal record that proves consequential at the worst moments. In some cases, defendants may face increased penalties or more serious charges because of the presence of secondary factors.

What considerations can worsen DWI charges or the penalties imposed after a conviction?

A particularly high alcohol level

Testing a motorist’s blood alcohol concentration (BAC) is a standard part of any DWI arrest. Most drivers are at risk of prosecution when their BAC reaches 0.08%. However, those with exceptionally high BAC levels might be at risk of aggravated DWI charges. A BAC of 0.18% or more is enough to warrant aggravated DWI charges. These charges carry enhanced penalties when compared with standard DWI cases.

Repeat violations

It is standard practice to impose additional penalties for repeat offenses of the same statute. Those who have a prior record of DWI offenses are vulnerable to more serious penalties after any subsequent conviction. The more prior offenses there are on someone’s record, the harsher the penalties become. People may face more time in jail, substantially higher fines and lengthy driver’s license suspensions if they have prior DWI offenses on their record.

Causing harm to others

One of the reasons the state is so zealous about DWI enforcement is the risk to uninvolved people. If an allegedly intoxicated motorist causes a crash where other people end up hurt, that could lead to more serious charges. It also increases the likelihood of a judge imposing the worst penalties possible given the situation. In scenarios where a crash results in someone dying, the charges and penalties can be especially severe.

Any driver accused of a DWI offense likely needs help, but those dealing with elevated risk due to aggravating factors may need support that much more than the average person. Understanding what factors can worsen DWI charges in New York can help those preparing to fight allegations of impaired driving to make truly informed decisions about their circumstances.