In 2007, New York created a new offense for drivers who are charged with driving while intoxicated. The offense is called Aggravated Driving While Intoxicated, and it comes with stricter penalties and stiffer plea-bargaining restrictions than a standard DWI. Aggravated DUI can come into play when a person’s blood-alcohol content, or BAC is tested as 0.18% or higher. The legal limit for adults in the state is 0.08%. For a driver’s first DUI offense, the charge will be a misdemeanor. The potential penalties are up to 1 year in jail, probation for an additional 3 years, and a fine between $1,000 and $2,500. The driver’s license can also be taken away for up to a year.
The Daily Voice reports that a hit-and-run driver has been charged with aggravated DUI in a Westchester crash.
At about 8 p.m. on May 8th, the New York State Police out of Westchester responded to a report of a hit-and-run crash on Boston Post Road in the city of Rye.
During the investigation, troopers located the vehicle believed to have fled the scene of the crash on I-95, near exit 14.
29-year-old Ivan Rojas-Juarez was found to be intoxicated when he was stopped by police. He was taken into custody and processed at troop headquarters in New Rochelle. His BAC was determined to be 0.23%.
Rojas-Juarez was charged with aggravated DUI and leaving the scene of a property damage accident. He was released into the custody of a third party.
He is due for another court appearance on June 12th.