What Factors Might Enhance Or Aggravate A DWI Charge?
The Severity Of Charges Greatly Depends On The Prosecutor’s Perception
Enhancement or aggravation will generally be based on how the prosecutor is thinking. They will normally have 150 or 200 files on their desk, and when they look at your case they will not be looking at you as a person.
The prosecutor does not know who you are and what you have done. They will only look at a couple of factors. They will see whether there was an accident; whether you are a repeat offender, what your breathalyzer reading was; whether you refused and if you did refuse, whether you took the portable breath test and what was the reading on that and what statements were made and how you looked on the video.
The prosecutor will begin to think they have an open and shut case if you had an accident, if you had a high blow or if you did not look good on the video; so they would tend to not give you a good deal.
First Time Offenders Tend To Incriminate Themselves By Being Too Cooperative
Unfortunately, sometimes people who do not have a history of DWI may be very cooperative and just come clean. They know they did not look great on the video and that they had a high blow, so they will just confess that they did it.
They will usually end up with a worse deal than someone who gave the police a hard time and who was asking for the attorney. That would give the attorney issues to hold on to when trying to get certain things dismissed and to leverage these problems into a better deal.
Under Leandra’s law, it is a felony in the State of New York if there are children under the age of 15 in the vehicle. This can sometimes really be unfortunate because people who have never had any contact with the criminal justice system might go to a children’s party or any party with their kids, and they might be intoxicated and impaired when they are driving home.
They may feel like they have done this a million times before and had always been fine, so they are be very shocked when they are pulled over and then all of a sudden they are facing multiple counts on a felony; which no matter which county they are arrested in, is taken very seriously.
A High Blood Alcohol Level Would Also Enhance Charges
It could also be an aggravated DWI if you had a blood alcohol level of over 0.18. The fines and the penalties are raised, and the prosecutor will really give you a very hard time about getting away from a misdemeanor conviction; which will always be one of the top priorities we have when fighting these cases.
For more information on Factors That Would Enhance Your DWI Charges, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (212) 500-3273 today.
Russ Kofman is a founding partner in Lebedin Kofman LLP. He has extensive litigation experience defending clients accused of felonies, misdemeanors and DWI/ DUI crimes.