LONG ISLAND’S
Premier DWI & Criminal
Defense Law Firm
Serving Nassau County, Suffolk County, Queens, NYC, and surrounding areas
RICHARD HOCHHAUSER IS A FORMER NASSAU COUNTY PROSECUTOR WHO IS EXPERIENCED IN ALL ASPECTS OF CRIMINAL LAW.
Who We Are
Our firm knows how to help you protect your license, protect your record, and protect your freedom.
Nassau County DWI and Criminal Defense Lawyer in New York.
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
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.
Learn MoreCRIMINAL 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.
Learn MoreIf you need a DWI or criminal defense attorney in Nassau County, Mr. Hochhauser has experience in all elements of criminal law.
OUR EXPERTISE
Recent Cases
LONG BEACH, NASSAU COUNTY
DWI CHARGES DISMISSED
FELONY SALE OF MARIJUANA
ADJOURNED IN CONTEMPLATION OF DISMISSAL
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.
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.
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.
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.