DWI and DWAI Vehicular Manslaughter
Driving while intoxicated is inherently dangerous because intoxication impairs a motorist’s ability to drive safely and properly. Intoxicated driving places the driver, his or her passengers, and others at risk. Unfortunately, intoxicated or impaired driving can lead to a motor vehicle accident. Tragically, some of these accidents can turn deadly. When a driver’s intoxication causes the death of another person, the driver can face charges of Vehicular Manslaughter in the Second Degree. In certain circumstances, that charge can be elevated to Aggravated Vehicular Manslaughter.
What Is Aggravated Vehicular Manslaughter?
The charge of Aggravated Vehicular Manslaughter means that a motorist was guilty of reckless driving and Vehicular Manslaughter in the Second Degree as defined above. Additionally, the motorist must have at least one of the following:
- BAC of 0.18% or above.
- Causes the death of more than one person.
- A suspension for an alcohol related offense in New York or any other jurisdiction.
- A conviction of an alcohol related offense within the past 10 years.
- Has a conviction for Vehicular Assault, Vehicular Manslaughter, or Vehicular Homicide in New York or any other jurisdiction.
- Causes the death of one person and the serious physical injury of at least one other person.
- Commits the Vehicular Manslaughter with a child under the age of 16 years in the vehicle as a passenger, and causes the death of the child passenger.
Under these circumstances, a driver can be charged with Aggravated Vehicular Manslaughter. Conviction of this felony charge can lead to tough criminal penalties for the offender
Vehicular Manslaughter in the Second Degree
Vehicular Manslaughter in the Second Degree applies to intoxicated drivers who cause the death of another. In New York, there is a legal presumption that the death was caused by the intoxication of the driver. This charge is a Class “D” felony and upon conviction can result in criminal penalties including: up to seven years in state prison; five years of probation; loss of driver’s license for at least 1 year, installation and maintenance of an Ignition Interlock Device (IID) for at least 1 year, and fines ranging from $2,000 to $10,000.
What Are the Penalties?
If a driver is convicted of this offense, he or she will face significant and severe criminal penalties. Aggravated Vehicular Manslaughter is a Class “B” felony in New York. Drivers convicted under this charge could face up to 25 years in state prison.
If you have been charged with DWI Vehicular Manslaughter; we have DWI and DWAI criminal defense lawyers standing by, ready to help defend you.
Call the attorneys at The Law Offices of Castiglia-Rubinstein & Associates at 1-800-960-1529 to receive information and guidance from our DWI attorneys. Our attorneys will help you understand the charges that you are facing and how we can help defend your case.
If you are convicted of a DWI Vehicular Manslaughter in, New York you will be subjected to a variety of penalties, including loss of your driver license, hefty fines and jail time.
The attorneys at The Law Offices of Castiglia-Rubinstein & Associates are committed to forming a vigorous defense on behalf of individuals who stand accused of such DWI crimes such as a DWI charge of vehicular assault or vehicular manslaughter. Our attorneys have in-depth knowledge of your rights, and the potential penalties that may arise and the possible weaknesses in the charges against you; such as improper testing equipment, inaccurate field sobriety tests or an illegal search and seizure.
At the Law Offices of Castiglia Rubinstein & Associates, we understand that no two cases are alike. The lawyers at The Law Offices of Castiglia Rubinstein & Associates, have many years of experience handling DWI cases. The attorneys at the law offices of Castiglia-Rubinstein & Associates can help you navigate through the DWI criminal defense process, and make it easily manageable in your time of need. Our attorneys are not only trained in handling simple DWI or DWAI matters, we take care of complex DWI Vehicular Manslaughter defense litigation in Nassau County, Suffolk County, Queens County, Bronx, Westchester, Richmond County, Manhattan and Brooklyn Kings County New York.
If you or a loved one has been charged in New York with DWI Vehicular Manslaughter or driving while intoxicated (DWI) or driving while ability impaired (DWAI), you need a skilled and experienced criminal defense lawyer. We have successfully handled misdemeanor and felony DWI cases. We have also represented those charged with chemical test refusals (e.g. refusing to give a breath, blood or urine sample) both in the courts and at DMV hearings. Our lawyers have assisted countless people in obtaining hardship driver licenses and conditional driver licenses.
We strive to protect our clients by creating effective strategic defenses for clients charged with:
- DWI Felony
- Commercial DWI
- DWI with a non-automobile
- BWI (boating while intoxicated)
- Aggravated DWI
- DWI Under age 21
- DWI with injury
- Aggravated DWI
If you, or a loved one, have been charged with DWI Vehicular Manslaughter , driving while intoxicated, or driving while ability impaired, in the state of New York do yourself a favor and call our experienced criminal defense lawyers for a free consultation at 1-800-960-1529 or visit us online. We will use our experience, knowledge, aggressiveness and tenaciousness to get you the best possible results. Our lawyers offer reasonable rates, payment plans, and accept all major credit cards.
Effective Legal Assistance
Get the Help You Need from a DWI & DWAI Vehicular Manslaughter Defense Lawyer in New York
The Law Offices of Castiglia Rubinstein & Associates offer professional assistance to help anyone charged with a felony to fight back. We understand that a DWI or DWAI Vehicular Manslaughter conviction threatens your life, your freedom and your future. To schedule a free 30-minute consultation with one of our attorneys, contact us by phone at 1-800-960-1529.
We like to start every case the same way: by listening to all the facts. We sit down with you (and your witnesses) to hear exactly what happened. The police and the accusers are going to have their story. We’ll be presenting yours. So we want to start by hearing and understanding your side of it.
Call us at (800) 960-1529 or email us to schedule a consultation to see if we’re the right New York DWI & DWAI Vehicular Manslaughter defense lawyers for you.
We are dedicated to your success — so contact us today. Speak with one of our knowledgeable Long Island criminal defense litigation attorneys today from wherever you are in New York in Nassau and Suffolk, Brooklyn, Kings and Queens Counties, on Long Island and all New York City boroughs including Bronx, Westchester, Richmond County, and Manhattan.
Get Help With Your Legal Case Now
You should be properly prepared if you are facing criminal charges. You should know that you have certain legal rights and you must be very selective of the Lawyer and Law Firm that you chose to represent you. Have an Attorney council you on the Right Decision for you. We have DWI and DWAI Vehicular Manslaughter criminal defense lawyers standing by and ready to help you.