More Than One Charge Can Result from Intoxicated Driving

Often DWI charges go hand in hand with other related charges. Recent news stories about DWIs and “hit-and-run” accidents demonstrates this effectively. On December 21, 2013 a motorist was arrested for drunk driving and a “hit-and-run.” Christian Pivaral of Huntington Station was arrested following an incident in which he allegedly struck a pedestrian crossing the street. Pivaral was charged with leaving the scene of a personal injury accident without filing a report and with DWI.

More recently, on January 31, 2014, two Bard College students were killed in a hit and run. Sarah McCausland, 19, of north suburban Winnetka, and Evelina Martin Brown, 20, of Seattle were walking along a New York highway late at night when a driver plowed into them and a friend. McCausland and Brown were killed. According to police, the driver struck the victims and fled the scene. The police later arrested the offending driver, Carol Boeck, and charged Boeck with felony DWI and vehicular manslaughter. If convicted of these charges, Boeck could face steep fines and years in state prison.

In early February 2014, a Yonkers man was arrested for allegedly fleeing the scene of an accident. Hector Santos was charged with leaving the scene and with an aggravated DWI. Authorities claim Santos’ BAC was 0.18% at the time of accident. The legal limit in New York is 0.08%.

As these hit and run incidents demonstrate, DWI charges are not always charged by themselves. Often DWI charges are brought with other charges such as vehicular manslaughter, refusing to submit to a chemical test, or operating a motor vehicle with a suspended driver’s license (known in New York as Aggravated Unlicensed Operation, or AUO). Each charge can bring multiple penalties after a conviction. For example, if you are convicted of a first time DWI, you may face up to 1 year in jail. You will face a license suspension, fines, and the requirement to install and maintain an ignition interlock device in any vehicle you own or operate for one (1) year. If you were also charged with an AUO, you could face more fines and additional jail time. Each conviction adds up on your criminal record, and any DWI or related charges in the future will be compounded by your prior convictions.

Another common example of multiple charges stemming from one DWI incident is when a driver refuses to submit to a breath test. In New York, refusing to take a breathalyzer test, or other chemical test of your BAC can result in an automatic one year revocation of your driver’s license, even if you are found not guilty the DWI. Even though the accuracy of these breath tests has been questioned, refusing a breath test is still a charge that will compound a DWI charge.

Because of the possibility of multiple charges stemming from one incident, you need experienced DWI lawyers who understand the law. At Nave DWI Defense Attorneys, our lawyers are passionate about representing New York drivers who have been charged with DWI and related charges. We will work closely with you to ensure the best possible result in your case. Contact us today for a free case evaluation.

DISCLAIMER: The exclusive purpose of this article is educational and it is not intended as either legal advice or a general solution to any specific legal problem. Corporate offices for Nave DWI Defense Attorneys are located at 269 W. Jefferson St.; Syracuse, New York 13202; Telephone No.: (315) 473-0899. Prior results do not guarantee a similar outcome. Attorney Advertising.

2015-03-10T14:58:22+00:00