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Lawrence Newman, DWI Lawyer
504 N. Aurora Street
Ithaca, NY 14850

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Local, Focused, and Personal DWI Representation
Other Criminal Statutes that May Accompany DWI Charges
Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree (VTL 511 (1)): A person may be charged with aggravated unlicensed operation of a motor vehicle in the third degree, a misdemeanor, when such person operates a motor vehicle while knowing or having reason to know that such person’s license or privilege of operating a motor vehicle is suspended or revoked.  The penalty is a fine of $200-$500 or up to thirty days in prison, or both.

Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree (VTL 511 (2)): A person may be charged with aggravated unlicensed operation of a motor vehicle in the second degree, a misdemeanor, when such person operates a motor vehicle while knowing or having reason to know that such person’s license or privilege of operating a motor vehicle is suspended or revoked due to failure to submit to a chemical test, mandatory suspension due to a pending DWI prosecution, or three or more suspensions in effect.  The penalty is a fine of $500 to $1,000, and seven to 180 days in prison or probation.

Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree (VTL 511 (3)): A person may be charged with aggravated unlicensed operation of a motor vehicle in the first degree, a Class E felony, when such person operates a motor vehicle while knowing or having reason to know that such person’s license or privilege of operating a motor vehicle is suspended or revoked, and either operates the motor vehicle while intoxicated or has in effect ten or more suspensions.  The penalty is $500-$5,000 or up to four years in prison, or probation.

The relevant charges for DWI resulting in serious injury or death are as follows:

Vehicular Assault in the Second Degree (Penal Law 120.03): A person is guilty of this crime when with criminal negligence he or she causes serious physical injury to another person and causes such injury by operating a motor vehicle in an intoxicated condition.  The maximum penalty for this Class E felony is up to four years in prison.

Vehicular Assault in the First Degree (Penal Law 120.04): A person is guilty of this crime when with criminal negligence he or she causes serious physical injury to another person, causes such injury by operating a motor vehicle in an intoxicated condition and the person’s license is suspended due to a DWI conviction or for a refusal to submit to a chemical test of the person’s breath.  The maximum penalty for this Class D felony is up to 7 years in prison.

Criminally Negligent Homicide (Penal Law 125.10): A person is guilty of this crime when with criminal negligence, he or she causes the death of another person. The maximum penalty for this Class E felony is up to four years in prison.

Vehicular Manslaughter in the Second Degree (Penal Law 125.12): A person is guilty of this crime when with criminal negligence, he or she causes the death of another person and causes such injury by operating a motor vehicle in an intoxicated condition. The maximum penalty for this Class D felony is up to 7 years in prison.

Vehicular Manslaughter in the First Degree (Penal Law 125.13): A person is guilty of this crime when with criminal negligence, he or she causes the death of another person and does so while intoxicated and the person’s license is suspended due to a DWI conviction or for refusal to submit to a chemical test of breath. The maximum penalty for this Class C felony is up to 15 years in prison.



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