When facing prosecution for a fatal DWI crash, drivers in New York need to remember that a strong and wise defense is extremely important. Vehicular assault in the first degree is a Class D felony in New York and is one of the most serious charges one might face related to DUI/DWI.

To find someone guilty of vehicular assault in the first degree, the state has to prove that the driver seriously injured another person and: had a blood alcohol content of 0.18 percent or higher; knew that he or she had a suspended or revoked license; had a similar conviction in the previous 10 years; caused serious physical injury to more than one other person; or had a child younger than 16 in the vehicle who suffered serious physical injury.

The penalties for vehicular assault in New York are severe and carry the potential for long-term consequences, especially for those who have been found to be intoxicated. If it is established that a driver was intoxicated from the use of alcohol or drugs when he or she caused serious injury to another person, the law presumes that the driver is guilty. The penalties for vehicular assault are harsh, usually include time in prison and can disrupt the driver’s life for many years to come, especially if the accused chooses an attorney with little to no experience in defending felony DWI charges.

Anyone accused of vehicular assault needs a solid defense. Attorneys with experience defending vehicular assault cases have strategies that may help to minimize personal and professional damage.

Source: New York Penal Code Section 120.04, “Vehicular Assault in the First Degree,” accessed Oct. 3, 2014