Criminal Defense Lawyers

Aggravated DWI – VTL 1192.2-a – .18 BAC

According to New York criminal law, it is illegal drink and drive in the state. Driving while intoxicated is the act of operating a motor vehicle while in violation of the state’s blood alcohol concentration (BAC). BAC is the amount of alcohol in your bloodstream. To be in violation of the state’s DWI law, your BAC must be at 0.08 percent or higher. The higher your BAC level, the higher criminal penalties you face.

For instance, Aggravated DWI – VTL 1192.2-a outlines the criminal charge you face if you are accused of having a high BAC. According to the criminal statute, it is illegal to operate a motor vehicle in the state while intoxicated. The amount of alcohol in your bloodstream exceed the minimum percentage needed for a misdemeanor driving while intoxicated (DWI) charge.

Thus, the simple misdemeanor DWI is upgraded to an aggravated DWI.

The Elements of DWI with .18 BAC Level in New York

You are not guilty of aggravated DWI until a prosecutor is proves you committed the crime. They have the burden of prove beyond reasonable doubt. This means they cannot leave any doubt in the mind of the jury or judge regarding your guilt. To help prove guilt, prosecutors must go by elements, which is a guideline to help prove guilt. These elements are:

• You were operating a motor vehicle
• You were driving while intoxicated
• Your BAC level was 0.18 percent

Any element not proven will hinder the prosecutor’s case against you. The jury or judge may not believe you are guilty of aggravated DWI. Typical evidence a prosecutor will use includes your initial BAC test such as your breathalyzer. They may also use the chemical BAC result and the arresting officer’s testimony as evidence.

The criminal Punishment for DWI with 0.18 Percent BAC is
The state separates criminal penalties by the amount of alcohol in your bloodstream at the time of a car accident or traffic stop. For instance, you can be accused of DWI evidence of being intoxicated with an 0.08 percent back you face six months revocation of your license, jail time and fines.
If you are facing DWI with .18 percent BAC, the penalties you face are:

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2024-03-21

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2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

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2024-03-12

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2024-03-12

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2024-02-28

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divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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• Up to one year in county jail
• One-year license revocation
• Probation for a maximum of three years
• A fine ranging from $1,000 to $2,500
• Attend a Victim Impact Panel

Other non-criminal penalties include additional financial penalties. For instance, you must pay a $250 assessment to the New York Department of Motor Vehicles for three years. You also must pay a surcharge to the criminal court in the amount of 5.

Another penalty includes having to add an ignition interlock device on your motor vehicle. The device is attached to your engine. It works by requiring you to blow into the device. If it does not detect alcohol on your breath, your vehicle starts.

An ignition interlock device is something you must pay to have installed and maintain. The device prevents you from driving while intoxicated. It also reports if you attempt to drive while intoxicated or have someone else use the device to start the vehicle for you.

Defenses to DWI with a .18 Percent BAC in New York

You have a lot of defenses available to you depending on the circumstances of your case. These defenses range from challenging the basis for the stop. If the police officer did not have probable cause to stop you, you may be able to get evidence suppressed. Other defenses include challenging the accuracy of the chemical testing and sobriety field tests.

We are Your Trusted New York DWI Attorneys

As you know, driving while intoxicated is not a simple matter. Even though you are facing a misdemeanor, you are facing jail time and revocation of your license. Now is the time to fight your criminal charge with trusted DWI attorneys.
We are ready to fight for you and prove your innocence. Let’s work together to resolve your DWI. Contact us for a free initial consultation where we will listen to what happened during your traffic stop and explain the defenses available to you. During your case, we will work to prepare for your trial and get the case dismissed.