Who We Are

Our firm knows how to help
you protect your license, protect
your record, and protect your freedom.

Richard Hochhauser brings a broad range of legal experience to the table, including time as a prosecutor and former Assistant District Attorney in NY. Over the years, Mr. Hochhauser has handled thousands of criminal cases, including many that have been tried successfully to verdict.

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Nassau County DWI and Criminal Defense Lawyer in New York

Everybody makes mistakes and sometimes you or a loved one can find yourself in a situation you don’t want to be in. Whether you are being charged with Driving While Intoxicated (DWI), Driving While Abilities Impaired (DWAI), or any other crime in Nassau County, knowing what to do after being arrested is critical.

First off, you should understand that being convicted of a crime or a DWI or DWAI charge in NY can have severe negative consequences on your livelihood and quality of life. That’s why if you or a loved one has been accused of a crime or Driving While Intoxicated charge in New York, it’s important to contact an experienced defense attorney who can help you defend yourself against the charges.

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Top 40 Under 40 Lawyer
10.0 Avvo Rating
Super Lawyers
Avvo Clients choice award
National College for DUI Defense

What We Do

As a Nassau County Criminal Defense Attorney and a seasoned trial lawyer, Richard won’t hesitate to hold the government to its burden and force the prosecutor to prove that they have a case.

DWI Defense Attorney Nassau County NY

DWI DEFENSE

We’ve defended hundreds of clients in New York against DWI and DWAI charges. We understand how devastating a conviction can be for you and your family, so we work diligently and compassionately on your behalf to defend your rights and freedom.

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Criminal Defense Attorney Nassau County NY

CRIMINAL DEFENSE

As a former prosecutor in New York, Mr. Hochhauser understands all sides of the criminal justice system in NY, and he will use his extensive experience to help you fight whatever charges you have been accused of.

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If you need a DWI or criminal defense attorney in Nassau County, Mr. Hochhauser has experience in all elements of criminal law.

CALL NOW 516 939-1529

Our Expertise

Recent Cases

LONG BEACH,
NASSAU COUNTY

DWI CHARGES DISMISSED

Client R.R. was a young law student who made a potential life altering mistake by driving home from a party at a friend’s house. The law student was found to have a blood alcohol content of a .13 in addition to having an open bottle of alcohol in the car and marijuana. Due to the numerous factors negative factors involved in the case, the Nassau County District Attorney’s office refused to offer the client a reduced plea deal. Therefore, NY DWI attorney Richard Hochhauser moved the court to conduct a suppression hearing. At the hearing, the police officer testified that he pulled the vehicle over for speeding, and estimated that the vehicle was going 50 miles per hour. During cross examination, Attorney Hochhauser got the officer to admit that he was never trained in estimating speeds while his own vehicle was also in motion, as was the case here. Thus, based on Attorney Hochhauser’s arguments, the Court found that the Officer was not credible in estimating the Defendant’s speed, and thus the Officer had no basis to pull her over. As such, all of the evidenced in the case was suppressed as “fruit of the poisonous tree” and the entire case was dismissed. As a law student, Client R.R. is now able to start her career with a clean record.

FELONY SALE OF
MARIJUANA

ADJOURNED IN
CONTEMPLATION OF
DISMISSAL

Nassau County Criminal Lawyer Richard Hochhauser represented client charged with felony possession of marijuana with intent to sell. Mr. Hochhauser was successful in reducing the charge to a misdemeanor marijuana office, after which the client was eligible for a 170.56 marijuana ACOD.

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What People Say

Client Reviews

GREAT LAWYER!

Mr. Hochhauser has gotten me the best results in my case I could have asked for. He is truly caring about you and your case and very professional and was always present at all my court appearances. He not only takes care of your case but also makes sure that your personal life is ok. I can only highly recommend his services to anyone who is in need of excellent representation.
Thank You, Richard, my wife and I truly appreciate you.

— GUIDO U.

FEBRUARY 2021

HIGHLY RECOMMEND

I hired Richard after my accident. What I liked the most about him is that he is very sincere no matter what. He has a way of explaining things with patience and dedication. He is a lawyer who responds to calls and texts quickly to me. The day I had court, he gave me immense security and that helped me to cope with that day, his dedication and way of giving me the support and security I needed since I was full of fears. Richard is an excellent lawyer dedicated to his work. I give him 5 stars and I recommend him because for me he is an attorney of integrity that gives you a feeling of trust and hope.

— ESMERALDA T.

MARCH 2021

FAST AND EFFECTIVE

I found Richard Hochhauser through a google search and I’m beyond thankful I decided to use him for my legal representation. Mr. Hochhauser helped me with a few different motor vehicle violations involving multiple townships. During the time of handling my cases, many of the courts were closed and/or extremely behind schedule due to the covid outbreak. Mr. Hochhauser stayed on top of my cases and kept me informed throughout the process. Richard Hochhauser had my charges either dismissed or greatly reduced to a lesser violation. Mr. Hochhauser always made himself available to me either by text or phone call. He did an amazing job for me and I’m so grateful for his hard work and expertise. Thank you, Richard Hochhauser.

— GEORGE C.

JUNE 2021

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Get Answers

Frequently Asked Questions

New York designates DWI offenses under six types of offenses:
(a) Driving while ability impaired (a.k.a. “DWAI”). See VTL § 1192(1);
(b) Driving while intoxicated; per se (a.k.a. “per se DWI”). See VTL § 1192(2);
(c) Driving while intoxicated (a.k.a. “common law DWI”). See VTL § 1192(3);
(d) Aggravated driving while intoxicated (a.k.a. “Aggravated DWI”). See VTL § 1192(2-a);
(e) Driving while ability impaired by drugs (a.k.a. “DWAI Drugs”). See VTL § 1192(4); and
(f) Driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs (a.k.a. “DWAI Combined Influence”). See VTL § 1192(4-a).

To find out more about your DWI charge, contact Nassau County DWI Lawyers at the Law Office of Richard Hochhauser, PLLC.

Unless a person is under 21 years of age, the mere act of driving after consuming alcohol is not illegal in New York.

In fact, New York DWI laws recognize that the average person can consume a certain amount of alcohol without impairing his ability to drive as he should. So much so, that the New York DWI laws provide that proof of .05 or less of blood alcohol content (“BAC”) is a presumption that the driver was not impaired or intoxicated.

Importantly, some people’s driving abilities may be affected by even a small amount of alcohol consumption and, therefore, would be guilty of driving while impaired while others would not. Driving while ability impaired, or DWAI is the law that takes into account the “subjective” tolerance of individuals in determining the ability to drive by that particular person.

Of course, if a driver has .08 blood alcohol content (“BAC”), then he can automatically be charged with DWI in New York.

If you think you are being charged with DWI for drinking and driving in Nassau County or New York, but you weren’t actually intoxicated, contact the Law Office of Richard Hochhauser, PLLC, today!

VTL § 1192(3) is commonly referred to as “common law DWI.” In essence, it means to drive drunk. No proof of your blood alcohol content, or BAC, is required to sustain a charge of common law DWI in New York.

If you refuse to submit to a chemical test or breath test in Nassau County, New York, then you will almost certainly be charged with common law DWI. Especially in Nassau County, it is nearly impossible for a defendant who refuses to submit to a chemical or breath test to only be charged with DWAI, which is the violation.

Common law DWI is based upon whether your driving, appearance, demeanor, manner of speech, motor coordination, performance on field sobriety tests, etc. establish that you were intoxicated. Not all of the symptoms of intoxication must be present; nor is erratic driving a requirement. Rather, New York law explains the totality of the circumstances must lead to the conclusion that the defendant “voluntarily consumed alcohol to the extent that he is incapable of employing the physical and mental abilities which he is expected to possess in order to operate a vehicle as a reasonable and prudent driver.”

Therefore, to sustain a charge of common law DWI, you must actually appear intoxicated. Thus, if you have a higher tolerance for alcohol than the average person, then this is an argument that can be used in your defense to a common law DWI charge.

If you’ve been charged with common law DWI in Nassau County, call DWI Lawyer Richard Hochhauser for your free consultation.

In short, no.

In New York, DWI charges (as opposed to DUI) only apply to being intoxicated by alcohol to the extent that the driver is incapable of employing the physical and mental abilities which he is expected to possess in order to operate a vehicle as a reasonable and prudent driver.

To be charged with driving while intoxicated in York, you must be “intoxicated” by the consumption of alcohol, more specifically an alcoholic beverage, including spirits, wine, liquor, beer, cider, and every liquid containing alcohol and capable of being consumed by a human being.

If you think you have been charged with DWI when you were not intoxicated by an alcoholic beverage, contact Nassau County DWI attorney Richard Hochhauser.

While you cannot be charged with attempting to drive while intoxicated, you can plea to a reduced charged of attempting to driving while intoxicated.

If you have been falsely charged with DWI, contact top rated Nassau County DWI Attorney Richard Hochhauser for a free consultation.

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