AGGRAVATED DRIVING WHILE INTOXICATED (DWI)

AGGRAVATED DRIVING WHILE INTOXICATED (DWI)

FORMER PROSECUTOR with over 20 plus years of experience.  When he was a prosecutor, Luigi was assigned to a specialized bureau in the District Attorney’s Office that exclusively prosecuted Driving While Intoxicated and Driving While Ability Impaired by Drug cases including Aggravated DWI.  This was an elite unit that you had to be asked to join based on merit and was comprised of the most experienced trial lawyers in the District Attorney’s Office.  While in that unit, Luigi SUCCESSFULLY tried several DWI/DWAI by Drug jury trials with a 100% conviction rate and litigated many pretrial suppression hearings on a wide variety of constitutional issues where the suppression of evidence was at stake.

As a result of his accomplishments in that bureau, Luigi was promoted to the Felony Trial Bureau in the District Attorney’s Office where he handled complex Felony DWI/DWAI by Drug cases including those involving serious physical injury and death.  Unlike many lawyers, Luigi has a unique knowledge of the science of DWIs/DWAI by Drug.  He also has extensive knowledge of how the police conduct those investigations including the administration of Standardized Field Sobriety Tests and is intimately familiar with the strategies to attack the government’s case.

Clients should feel confident that while plea bargaining of a case is always the first strategy to resolve a matter, if clients wish to fight their cases by not pleading guilty, Luigi has the ability, expertise and experience of litigating DWI/DWAI by Drugs with a high rate of success.

Luigi VigliottiReviewsout of 61 reviews
9.9Luigi Vigliotti

https://vigliottilaw.com/wp-content/uploads/2022/11/iStock-153530669-2.jpg

AGGRAVATED DWI IN NEW YORK EXPLAINED

In the State of New York, anytime a motorist is found to have driven with a blood alcohol content (BAC) of .05 or higher, the police will arrest and charge the individual with an alcohol/driving related offense.

These charges can range from Driving While Ability Impaired by alcohol (BAC of .05 to .07) to Driving While Intoxicated Per Se (BAC of .08 to .17) to Aggravated Driving While Intoxicated Per Se (BAC of .18 or higher).  The difference in these charges can be significant and have a very devastating impact on your life.

The prosecution and the DMV look at a variety of factors to determine what will happen if you are convicted of an alcohol while driving offense.  Such factors include whether there was an accident, whether someone was injured in the accident, whether you were operating a commercial vehicle as opposed to a non-commercial vehicle, whether you have ever been convicted of an alcohol related offense in the past, whether the past alcohol related conviction was within the last 25 years and whether the blood alcohol reading was at a certain level.  A conviction to any alcohol or drug/driving related offense can be devastating to your employment, your ability to drive and to your reputation.

https://vigliottilaw.com/wp-content/uploads/2022/11/iStock-1250142086-2.jpg

TYPES OF ALCOHOL RELATED VIOLATIONS IN NYS

  • Driving While Intoxicated (DWI)
    .08 Blood Alcohol Content (BAC) or higher or other evidence of intoxication. For drivers of commercial motor vehicles:  .04 BAC or other evidence of intoxication.
  • Aggravated Driving While Intoxicated (Aggravated DWI)
    .18 BAC or higher
  • Driving While Ability Impaired by Alcohol (DWAI/Alcohol)
    More than .05 BAC but less than .07 BAC, or other evidence of impairment.
  • Driving While Ability Impaired by a Single Drug other than Alcohol (DWAI/Drug)
  • Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol (DWAI/Combination)
  • Chemical Test Refusal
    A driver who refuses to take a chemical test (normally a test of breath, blood or urine).
  • Zero Tolerance Law
    A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law.

In New York State, the penalties for an alcohol or drug-related violation include the loss of driving privileges, fines, and a possible jail term.

Additional penalties

  • greater penalties can also apply for multiple alcohol or drug violations within a 25-year period
  • surcharges are added to alcohol-related misdemeanors ($260) and felonies (generally $400, but varies slightly depending on court of conviction)
  • three or more alcohol or drug-related convictions or refusals within 10 years can result in permanent revocation, with a waiver request permitted after at least 5 years
  • a driver with an Aggravated DWI violation conviction within the prior 10 years will receive a minimum 18-month revocation if convicted of DWI, DWAI/Drugs or DWAI/Combination. Also, a driver with a prior DWI, Aggravated DWI, DWAI/Drugs or DWAI/Combination with the prior 10 years will receive a minimum 18-month revocation
  • a driver convicted of an Aggravated DWI, DWI, DWAI/Drug, DWAI/combination, vehicular assault and aggravated vehicular assault, or vehicular manslaughter and vehicular homicide three or more times in the preceding 15 year period is guilty of a Class D felony.
Luigi VigliottiReviewsout of 61 reviews

Why You Should Choose Us to Help You Defend Your Aggravated DWI Case

First, we have extensive experience navigating the Aggravated DWI minefield.  Luigi has handled thousands of Aggravated DWI cases as both a prosecutor and as a defense attorney and is a master negotiator.  He can pick apart most Aggravated DWI cases by finding mistakes that the police made during their investigation.  Often, these mistakes mean that  a client does not have to go to trial and instead can receive the benefit of a lower charge which carries less penalties including no jail, lower fines, no probation, no need to install an ignition interlock device in a motor vehicle and a sooner reinstatement of one’s full driving privileges.

Second, not every lawyer who handles Aggravated DWI cases is an experienced trial lawyer. Any lawyer can walk into court and plead you guilty.  The reason you hire an experienced Aggravated DWI lawyer is because if plea negotiations break down, you want someone who has intimate knowledge of the science of these types of cases and can successfully go to trial and win.  Trial lawyers are highly specialized in trial advocacy.  Luigi has extensive experience in Aggravated DWI trials and litigation and has won many of these cases for his clients.

Lastly, we give personalized attention to each of our clients.  Whenever someone is arrested and charged with a crime, it can be psychologically and emotionally devastating.   

Luigi is in constant contact with his clients and explains the legal process to them and is with you EVERY STEP OF THE WAY.  Many clients refer their family and friends to us because they not only received a great result in their case, but also because Luigi made them feel like they mattered.

If you or a loved one is in trouble, call us 24 hours a day.  We are here to fight for you.

https://vigliottilaw.com/wp-content/uploads/2022/11/LV_white.png

The Law Offices of Luigi Vigliotti, P.C., serves clients in courts on Long Island, New York City and upstate New York.

Follow us:

Law Officesof Luigi Vigliotti

1225 Franklin Ave Suite 325 Garden City, NY 11530
143 East Main Street, 2nd Floor, Smithtown, NY 11787
739 East Main Street Riverhead, NY 11901 (By appointment only)
53 Hill Street, Suite 333 Southampton, NY 11968 (By appointment only)

CONTACT US 24 HOURS A DAY • 7 DAYS A WEEK

THIS IS AN ATTORNEY ADVERTISEMENT

Law Offices of Luigi Vigliotti, P.C., located in Garden City, New York, serves clients throughout Long Island and the surrounding area, including in Nassau County, Suffolk County, Queens County, New York City and Upstate.

© 2022 by Law Offices of Luigi Vigliotti, P.C. All rights reserved. Web Design by Benjamin MarcDisclaimer | Privacy Policy