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Arrested for Driving While intoxicated? Retain Our Services from All Over Long Island

Long Island DWI Attorney

Need a DUI Lawyer in New York? Call (631) 250-3622

Alcohol and car keys - Long Island DUI Lawyer

New York takes drunk driving very seriously and the laws are very harsh and unforgiving on drunk drivers. The media attention given to accidents involving drugs or alcohol along with pressure from various activist groups in past years have helped to bring about tougher laws and increased penalties. If you are caught driving while intoxicated, you could face DWI charges and possibly lose your license.

Why Choose This Long Island DWI Lawyer?

  • Former Nassau County prosecutor on your side
  • 100s of clients defended – proven victories
  • Free initial consultation to review your DWI defenses
If you are facing DWI, DWAI, or DWAI-drug charges, then contact the Long Island firm as soon as possible. The team can help fight to reduce your charges or have them dismissed altogether.

Contact our DWI lawyer in Long Island to get started on your defense today!

DWI Penalties in New York

The penalties that you may face will all depend on the exact charges you face. A DWI is different from a DWAI or even a DWAI Drugs.

The sentence will vary also based on:

  • The number of previous convictions that you have on your record
  • How close together the convictions occur
  • What county you were charged in

The penalties for DWI in New York are as follows:

First Offense DWAI

  • BAC level was below .08
  • Misdemeanor
  • Up to 15 days in jail
  • Loss of license for 90 days
  • Fine of $300-$500

Second DWI (Within a ten year period)

  • Felony
  • Up to four years in jail or prison*
  • License revocation for at least one year
  • Fine of $1,000-$5,000

First Offense DWI

  • Misdemeanor
  • Up to one year in jail
  • License revocation for no less than 6 months
  • Fine of $500-$1,000

Third DWI (Within a ten year period)

  • Up to seven years in jail or prison**
  • License revocation for one year & an IID
  • Mandatory alcohol evaluation
  • Fine of $2,000-$10,000.

*There is not always a prison sentence associated with a first DWI, but there is a mandatory five-day jail sentence or 30 days of mandatory community service.
** For a second DWI, sometimes prison can be avoided, but there is 10 days of mandatory jail time or 60 days of mandatory community service.

DWAI (Driving While Ability Impaired) is charged when the BAC is .05 to .07. A commercial driver can face a DWI charge for a BAC of .04 or higher. DWAI Drugs is charged when a driver is accused of driving while impaired by drugs or medications. With a permanent DWI conviction on your driving record, you may lose many privileges and have to pay more for your insurance premiums. Enlist the help of a Long Island DWI attorney from O’Brien Law Group, LLC today.

What happens if I refused to submit to a breath test?

In the state of New York, the penalties become more severe if you refuse to submit to a chemical test and you are under suspicion of driving while intoxicated with drugs or alcohol. When you refuse to take the test, then the Department of Motor Vehicles can automatically suspend your license for up to a year.

Fighting this is a separate battle if you are also facing criminal charges. In order to avoid license suspension, you are only given 15 days after your arraignment in which to schedule a refusal hearing. At this hearing, you will be given the opportunity to challenge the suspension or fight for your right to a conditional license so you can drive to work or school.

Possible Defenses for DWI

If you are looking to overcome your DWI charges, some effective defense include:

Challenging the traffic stop- Police officers must have reasonable cause to believe that you are drunk or that you have broken a major traffic law in order for them to pull you over. If their justification for the traffic stop is unreasonable then the evidence in your case could be thrown out and your case could be dismissed.

Challenging the police officer's initial suspicion- Did the police officer say that they smelled alcohol? Did they find that you have slurred speech or bloodshot eyes? For all they know you could have a unique medical condition that causes those same side effects. Mouthwash smells of alcohol and sometimes acid reflux or heartburn can also bring up residual alcohol. Sometimes challenging their suspicions can be an effective defense in court.

Challenging the validity of the field sobriety test results- Field sobriety tests are designed for people to fail. Many times these sobriety tests can be found to be inaccurate which means that the results would be invalid. Sometimes outside factors besides alcohol can influence people's balance and other medical conditions could influence the breath test.

Challenging the charges based on a rising blood alcohol level- Sometimes it takes a while for the BAC level to rise after drinking and it could take as long as three hours to be completely absorbed into the body. This means that your BAC level could be higher when they conduct the breath test than it was when you were actually driving.

Challenging the results of the Breathalyzer test- The equipment that police officers use for the breath test are not always well maintained and their results could be found to be unreliable. If your Long Island DWI attorney finds that the Breathalyzer was outdated, the model is defective or it have not been properly calibrated, then the results could be found to be inaccurate.

Challenging the results of the blood test- There is specific protocol that police officers must follow when conducting a blood test. If you believe that the arresting officer broke the rules or deviated from standard procedure then the blood test results could be unreliable. Also certain medications have been known to alter and influence blood test results.

Challenging whether or not the DUI checkpoint/traffic stop was constitutional- It is illegal for police to choose to stop certain vehicles at random. There must be a pattern when conducting traffic stops. For example, officers can pull over every third or fifth car that drives by.

Challenging the officer who failed to reach you the Miranda Rights- Sometimes this defense works but there are certain conditions. If the arresting officer fails to read the Miranda Rights when they arrest you, then whatever you say while in custody or in questioning cannot be held against you.

Challenging the breath test because it was coerced and done involuntarily- Does your state have implied consent laws? When conducting a breath test police officers cannot physically force you to cooperate. If a test is coerced or conducted under duress then the results could be thrown out. However, there could also be penalties for refusing a breath test depending on which state you live in.

Challenging the DWI/DUI arrest because the arresting officer may be guilty of racial profiling- Are you under the impressing that the police officer pulled you over because of your ethnicity or race? If you are of a minority and the police officer is not, then this could be used as an effective argument.

Hire an experienced criminal lawyer who is knowledgeable in DUI/DWI defense tactics- You don't want to leave your case up to chance. Be sure to hire an Long Island DUI attorney who has a history of success and vast experience in DUI/DWI defense to handle your case.

Experienced Long Island DWI Lawyer

Being convicted of a DWI can have a major impact on your future. With so much on the line, don't take any risks—you can't be stuck with less than adequate defense. You only get one chance to convince the judge, and your choice of Long Island DUI attorney could mean the difference between your freedom and incarceration. Consulting the legal team at O'Brien Law Group, LLC can make all the difference in the outcome of your case and greatly increase your chances of success. Don't settle for second best! The firm offers a free initial consultation to all new potential clients.

If you are facing allegations of drunk driving, contact a Long Island DWI lawyer for the skilled legal representation you deserve and fight for your license!

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The firm also proudly defends against DWI and drunk driving charges in Long Beach, Glen Cove, and Nassau County.

Contact Our Firm Today

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