In New York, it is possible to be charged with an aggravated DWI if police allege that the alcohol in a driver’s system was more than twice the legal limit to drive. The legal limit to drive in New York is .08, and drivers with a blood-alcohol content of .18 or greater can be charged with an aggravated DWI.
While New York treats standard DWIs very seriously, state law goes even harder on drivers who are convicted of aggravated DWIs. Even first-time offenders can face jail time, a year-long license revocation, ignition interlock installation, probation, high fines and court costs, and mandatory alcohol assessment and treatment.
In September, Dina Lohan, the mother of troubled actress Lindsay Lohan, was charged with an aggravated DWI after being arrested in Long Island. Police allege that Lohan was going 20 mph over the speed limit and reportedly registered .20 on a blood-alcohol test.
This week, the judge presiding over Lohan’s case agreed to a plea deal in which Lohan pleaded guilty to the aggravated DWI and speeding charges. Lohan was able to avoid jail time in exchange for performing 100 hours of community service, complying with probation for a year and paying $3,100 in fines.
She will also lose her driver’s license for a year and have an ignition interlock device installed in her car after getting her license back. Additionally, the judge ordered Lohan to attend alcohol-education classes after her lawyer told the judge that intense media scrutiny drives his client to drink.
As you can see, even a famous person cannot escape the consequences of an aggravated DWI charge in the state of New York, which is why assistance from an experienced criminal defense attorney is vital.
Source: Los Angeles Times, “Dina Lohan pleads guilty to drunk driving, speeding,” Christie D’Zurilla, April 15, 2014