Aggravated DWI in Westchester County

Defense for High-BAC & Child-Passenger DWI Charges

An aggravated DWI charge can put your freedom and driving privileges at risk. At Proto, Sachs & Brown, LLP, we represent people accused of aggravated DWI in Westchester County, as well as other DWI and driving while ability impaired offenses. Our former prosecutors examine how the prosecution may seek to prove the charge and where its evidence may be challenged.

We examine the specific allegation, the admissibility of the evidence, and any prior impaired-driving convictions before developing a strategy. We tailor our representation to the facts behind each high blood alcohol concentration allegation.

Call (914) 840-5104 for a free consultation about the charge and the legal strategies that may fit your circumstances.

What Makes a New York DWI Charge Aggravated?

New York Vehicle and Traffic Law § 1192(2-a)(a) defines aggravated DWI per se based on a chemical analysis showing a blood alcohol concentration of .18 of one percent or more. A per se charge turns on the reported BAC. Standard per se DWI under § 1192(2) applies when the alleged BAC is .08 of one percent or more.

A DWI allegation involving a child passenger may also lead to charges under Leandra’s Law and can carry felony consequences. This circumstance is distinct from a high-BAC misdemeanor allegation. The actual charge and supporting facts determine what the prosecution must establish and which legal issues the defense needs to address.

Reviewing the Stop, Arrest & Chemical-Test Evidence

The number printed on a test result doesn’t resolve an aggravated DWI case. We evaluate whether admissible evidence can establish each required element and how the person’s prior history may affect the available options.

A detailed defense review may address:

• The traffic stop: Whether law enforcement had a lawful basis to stop the vehicle.
• The detention and arrest: Whether the observations and evidence supported each stage of the encounter.
• The chemical test: How the breath, blood, or other sample was obtained, handled, and analyzed.
• The prosecution’s proof: Whether the available evidence establishes every element of the charged offense.

Chemical-test evidence requires close attention because the reported result depends on how a sample was collected and analyzed. A defense review can identify legal or evidentiary issues without assuming that a particular outcome will follow. Our attorneys draw on more than 100 years of combined criminal defense experience when assessing the allegation and preparing case-specific advice.

Build a Defense Based on the Evidence

A free consultation gives you an opportunity to discuss what happened, identify the exact charge, and understand the next decisions in the case. We begin each engagement by exploring legal strategies with the client and developing personalized representation around the evidence and prior history.

Our attorneys have co-authored national bestsellers on DWI and criminal defense. We apply that knowledge to the facts of each case while explaining the criminal proceedings and licensing issues involved.

Request your free consultation through our contact form or call (914) 840-5104 to discuss your defense.