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| Copyright Cyr 2015 |
What's the DIFF between AGGRAVATED DWI and regular DWI?
(If you're wondering about the purple..."one must have hint of color" [name that movie])
So what's the deal? There are a couple differences between these two charges. For you legal scholars out there, we are comparing/contrasting Vehicle and Traffic Laws, s. 1192.2 / 1192.3 (DWI over 0.08% BAC* and DWI "common law") vs. 1192.2a (Aggravated DWI)
Let's start with the regular misdemeanor charges. Both DWI over 0.08% BAC (1192.2) and common law DWI (1192.3) have the exact same penalties. They are:
-up to 1 year in jail
-up to 3 years probation
-6 month license revocation
-1 year Ignition Interlock Device (can apply to remove after 6 months)
[installed within 10 days of sentencing]
-3 year DMV Civil Driver Assessment fee of $250 per year ($750 total)
-Must participate in the Drinking Driver Program (7 week course)
-Must attend a Victim Impact Panel (1 night class)
-min $500-$1000 fine
-mandatory $395 (city court) or $400 (town court) court surcharge
-must be fingerprinted
That's a lot of stuff. The difference between 1192.2 and 1192.3 is really what the prosecutor has to PROVE.
For DWI over 0.08%, the prosecutor has to prove that your BAC level was actually OVER 0.08% --which means they need a chemical test to prove it. If you refused the test, they will be unlikely to win on this charge.
However, that's why "common law" DWI exists. The prosecutor can prove that you were intoxicated or impaired by using evidence of your lack of physical and mental abilities to operate a vehicle. They don't need the BAC test number. They can use the police officer's observations and field sobriety tests, etc, to prove the case.
AGGRAVATED DWI is different in two ways...
1) The BAC level has to be 0.18% or higher. [which means, if you refused the chemical test, they can't charge you with this crime]
2) The penalties are a tad harsher.
-the penalties are the same as described above except:
-the license revocation period is 1 year (increased from 6 months)
-min $1000-$2500 fine (increased from $500-$1000)
--SUMMARY THOUGHTS--
The primary difference is the BAC level. I'll break it down:
-If you are at or over 0.18% BAC, then you will be charged with Aggravated DWI.
-If you are between 0.09-0.17% BAC, you will be charged with BOTH DWI over 0.08 (1192.2) and common law DWI (1192.3).
-And...if you refused the chemical test, you will only be charged with common law DWI [but will face additional civil penalties, like automatic loss of license for 1 year, civil fines, and a jury charge indicating your guilt in the criminal case].
*BAC = Blood Alcohol Concentration
P: 607-229-5184
BY: Attorney Mike Cyr
P: 607-229-5184
E: mike.ithacadwi@gmail.com
Twitter: @ithacadwi
