This summer, a driver who was traveling at three times the legal limit was pulled over during a holiday weekend on I-287 in Harrison, New York. Although he was pulled over because of a traffic violation, the police quickly figured out he was intoxicated. After wholly failing field sobriety tests, he was required to take a chemical test at the precinct. Once the police brought him into custody, he was tested. His blood alcohol content was 0.27%. Prosecutors charged him with aggravated driving while intoxicated (DWI).
Blood alcohol content (BAC) of 0.27% is exceptionally high — more than three times the legal limit. While prosecutors can charge you for being over the legal limit if you operate a motor vehicle with a BAC of .08 or higher, you can be charged with aggravated DWI if you drive with a BAC of 0.18% or higher. In this case, the chemical test showed the driver had a far higher blood alcohol content than the minimum used to charge aggravated DWI.
You should be aware that the penalties for aggravated DWI are harsh. If you are convicted of aggravated DWI, you could be jailed for one year and fined $1000-$2500. But jail time and fines aren’t the only potential consequences. Your driver’s license could be revoked for at least one year. You will be ordered to participate in a MADD victim impact panel. Additionally, the court will order substance abuse treatment through, among others, Treatment Alternatives for Safer Communities (TASC), a state-run agency. Initially, TASC will ask questions to determine your treatment needs in connection with drug and alcohol use. You will then be referred to a program to be provided treatment.