The crime of Aggravated Driving While Intoxicated (“Aggravated DWI”) is committed when a person either operates a motor vehicle with a BAC of .18% or more, or operates a motor vehicle while intoxicated or impaired by drugs while having a child under the age of 16 in the vehicle.

While it is common for a first-time offender charged with DWI to receive an offer to plead guilty to the lesser charge of DWAI, it is important to note that this is certainly not a sure thing, and in the case of those charged with Aggravated Driving While Intoxicated, the odds drop dramatically. Many prosecutors will not offer to reduce these charges without good reason, for example, if there are significant problems with the proof involved in the case, or there was a questionable vehicle stop or arrest. It is therefore even more important that those facing such charges consult and retain an experienced D.W.I. attorney as soon as they are able.

If you are facing D.W.I. charges, you should know that there are several statutes which can call for the suspension of your driver’s license before you have been convicted of anything. For example, if you are alleged to have refused to take a blood or breath test, or if you have certain prior convictions, the Judge may suspend your license.

Suspension pending prosecution generally takes place at the driver’s first court appearance, known as the arraignment. The presumption of innocence does nothing to help such a defendant, and such suspension can go on for as long as the case is pending or even beyond. Depending on the facts of your case, there may be ways to avoid this penalty, so if you are able, it is important to consult an experienced DWI attorney before you go to court.

• Aggravated DWI is a crime. If you are convicted of Aggravated DWI as a first offense, you face the following potential consequences:
• Up to 1 year in jail;
• A period of probation of 3 years;
• A fine of between $1,000 and $2,500, a surcharge of $395, and a driver responsibility assessment of $250 a year for 3 years;
• Revocation of your driver’s license for at least 1 year;
• Discretionary revocation of your registration for at least 1 year;
• Attendance at the Victim Impact Panel; and
• Installation of a functioning ignition interlock device in any motor vehicle that you own or operate during the term of probation or conditional discharge, and in no event for less than 6 months.

Depending on your prior record, you may be eligible for the Drinking Driver Program and a conditional license. It is also important to note that the period of revocation listed above is the minimum period, and based upon the driver’s prior record, might actually be much longer.

As the potential penalties increase, so does the need to retain the most qualified attorney possible. It is not unusual for the choice of attorneys to be the difference between a conviction and an acquittal, a criminal conviction and a conviction for a traffic infraction, or even the difference between a jail sentence and a sentence of probation.