Arrested for DWI in Nassau County? Here’s Exactly What Happens Next
Arrested for DWI in Nassau County? Here’s Exactly What Happens Next
An arrest for Driving While Intoxicated (DWI) in Nassau County can feel like a blur of flashing lights, handcuffs, and confusion. Once the police car pulls away, the “what ifs” start to take over. Will I lose my license? Will I go to jail? What happens to my job?
At Hochhauser Criminal & DWI Defense, PLLC, we know that the uncertainty is often the hardest part. As a former DWI prosecutor, Richard Hochhauser has seen these cases from both sides of the aisle. Understanding the steps of the Nassau County legal system is the first move in regaining control of your life.
1. Central Booking and Processing
After your arrest, you won’t be heading home immediately. In Nassau County, you are typically taken to a local precinct or directly to Central Booking in Mineola.
- Fingerprinting and Photos: You will be “booked,” which involves taking your fingerprints and mugshot.
- The “Rap Sheet”: The police will run your prints to generate a criminal history report.
- Waiting: You may be held overnight or for several hours until a judge is available for your initial appearance.
2. The Arraignment: Your First Court Appearance
The arraignment is the formal start of your criminal case. This usually happens at the Nassau County First District Court in Hempstead.
During this brief but critical hearing:
- Formal Charges: The judge will read the specific charges against you (e.g., VTL 1192.2 or 1192.3).
- Plea: You will almost always enter a plea of “Not Guilty” through your attorney.
- Bail Determination: The judge will decide if you can be released on your own recognizance (ROR) or if bail must be posted. For many first-time DWI offenders with strong community ties, ROR is common, but this is never guaranteed.
3. The Immediate Threat to Your Driver’s License
One of the most stressful parts of a Nassau County DWI is the immediate impact on your ability to drive. Under New York’s “Prompt Suspension Law,” the judge is often required to suspend your license at the very first court date if you took a breathalyzer and blew a .08% or higher.
- Hardship Licenses: If your license is suspended, we may be able to apply for a “hardship license.” This allows you to drive to work, medical appointments, or school during specific hours.
- The DMV Refusal Hearing: If you refused the chemical test at the station, you face a separate administrative hearing at the DMV. If you lose this hearing, your license could be revoked for a year, regardless of the outcome of your criminal case.
4. Discovery and Evidence Review
Once the initial shock wears off, the “investigation phase” begins. This is where a Nassau County DWI lawyer earns their keep. We demand “discovery,” which includes:
- Police bodycam and dashboard footage.
- Maintenance records for the breathalyzer machine.
- The officer’s notes regarding your performance on Standardized Field Sobriety Tests (SFSTs).
Pro Tip: Not every DWI arrest leads to a conviction. If the police lacked “probable cause” to pull you over, or if the breathalyzer wasn’t calibrated correctly, we can file motions to suppress that evidence entirely.
5. Negotiations and Potential Outcomes
Most DWI cases in Nassau County are resolved through plea negotiations or pre-trial motions. Because Richard Hochhauser is a former prosecutor, he knows how the District Attorney’s office evaluates cases. We look for weaknesses in their evidence to push for a reduction—such as a “Driving While Ability Impaired” (DWAI), which is a non-criminal violation rather than a misdemeanor crime.
If a fair agreement cannot be reached, we are prepared to take your case to trial to protect your future and your freedom.
Don’t Navigate This Alone
The Nassau County legal system is notoriously tough on drunk driving. A mistake on the road shouldn’t define the rest of your life. Whether you are facing a first-time misdemeanor or a complex felony charge, you need a defense built on experience and local knowledge.
Would you like me to review the specific details of your paperwork or help you prepare a list of questions for your first consultation?
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