DWI Defense
Long Island DWI Defense Lawyer
TABLE OF CONTENTS
- Do I need a Nassau County DWI defense lawyer?
- What is the difference between a DWI and a DUI offense in New York?
- Understanding DWI Penalties in New York
- What is Leandra’s Law in New York?
- Can I refuse to take a breathalyzer test?
- How to fight your DWI offense in NY
- Contact the DWI and DUI defense lawyers on Long Island New York
Do I need a Nassau County DWI defense lawyer?
If you’ve been charged with a DWI or DUI in NY, then you should contact an attorney who’s knowledgeable in all aspects of criminal law. At the Law Office of Richard Hochhauser, we’ve represented thousands of clients who’ve been accused of DWI and other crimes and we know what it takes to get the results you want and need.
Richard Hochhauser’s former experience as a NY prosecutor and assistant District Attorney allows him to understand how the other side works, and to prepare your defense accordingly. As a seasoned trial lawyer, he’s not afraid to defend you in court if a reasonable plea-bargain cannot be negotiated.
Furthermore, when Mr. Hochhauser was a prosecutor, he served as a member of a specialized unit that was dedicated exclusively to Nassau County DWI and DUI Drug cases. During this period, Richard attended many police trainings on Standardized Field Sobriety Tests, police testimony, DWI policing policies, DWI detection and breathalyzer technology. This training helped Richard develop a comprehensive understanding of DWI law in NY, which he uses to defend his clients.
What is the difference between a DWI and a DUI offense in New York?
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What is the difference between a DWI and a DUI offense in New York?
When you drink and drive, you can lack coordination, reflexes, and the ability to make good decisions on the road. This puts everybody at risk, and for this reason, the state of New York has some of the harshest penalties in the country for people convicted of drunk driving charges.
There are a variety of factors that determine how intoxicated a person is when drinking, such as body weight, the amount of alcohol you consumed, if you ate before or while you were drinking, and even your gender. Knowing that you’re not fit to drive after too many drinks can help you avoid dangerous situations and the potential for an accident or DWI charge.
However, if you are charged with a DWI in New York the penalties change depending on whether it is your first, second or third charge. Listed below are some of the penalties for DWI convictions in NY:
First offense: DWI or DWAI-Drug convictions carry fines between $500 and $1,000, a revoked license for a minimum of 6 months and up to one year of prison time. A first charge is a misdemeanor.
Second offense: If convicted of a second DWI or DWAI-drug violation within a period of ten years, you can face a Class E felony charge carrying fines between $1,000 and $5,000, a revoked license for a minimum of one year, and up to four years in prison.
Third offense: If convicted of a third DWI or DWAI-Drug violation within a period of 10 years, this is a Class D felony that carries fines between $2,000-$10,000, a revoked license for a minimum of one year, and up to seven years in prison.
For Driving While Ability Impaired by Alcohol (DWAI) crimes, the penalties are less severe but can grow harsher with each subsequent offense. Below are the penalties for a DWAI offense in New York:
First offense: If it is your first offense, it is an infraction and you can face fines between $300-$500, a suspended license for 90 days and up to 15 days in prison.
Second offense: For a second violation within five years of your first offense, it is also an infraction that carries fines between $500-750, a revoked license for a minimum of six months and up to thirty days in jail.
Third offense: For a third offense within ten years of the first, it is a misdemeanor crime that carries fines between $750 and $1,500, a revoked license for a minimum of six months, and up to 180 days in prison.
Besides the penalties for DWI and DWAI convictions, if you caused an accident while driving impaired you may also be held accountable for any personal injuries, property damage, pain and suffering, or in some cases, wrongful deaths. In many instances as well, you will be required to install an interlock ignition device (IID) in your car, which will only allow you to start the engine after you have blown “clean” and proven you’re not intoxicated.
Losing your license, freedom, and a significant amount of money from a DWI or DWAI conviction can seriously jeopardize you and your family’s future. Furthermore, misdemeanor and felony DWI charges can stay on your driving record for up to ten years, which can make it difficult to get a job, rent a house, and in some cases, even pursue certain fields of work. It will also raise your insurance premiums and cost you thousands of dollars extra every year.
Since the penalties for DWI and DWAI convictions in Nassau County are so harsh, there’s no time to mess around after your arrest. Contact an experienced DWI and DWAI defense attorney on Long Island who knows how to defend your rights in court and get you the best outcome for your case.
What is Leandra’s Law in New York?
Leandra’s Law is named after an 11-year-old girl who was killed in 2009 while riding in the car of one of her mother’s friends, who was intoxicated at the time. Afterwards, legislation was created to toughen the penalties for DWI and DUI crimes. Listed below are some of the penalties for DWI crimes that fall under the category of Leandra’s Law:
- DWI offenders who are caught driving while intoxicated with a child younger than 16 face a class E felony, which can be punished with up to four years in prison.
- DWI offenders caught driving with a child under the age of 16 face an automatic license suspension.
- If a drunk driver causes the death of a child under 16, they can face a class B felony and up to 25 years in jail.
- If a DWI driver causes the injury of a child under 16, they face a class C felony and up to 15 years in prison.
Leandra’s Law also requires the installation of ignition interlock devices for anyone who is convicted of a DWI or DUI crime in New York. Furthermore, parents and guardians of children who are caught driving while intoxicated in New York are reported to the Statewide Central Register for Child Abuse and Mistreatment.
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Can I refuse to take a breathalyzer test?
Some people wonder if they should take a breathalyzer test when they are pulled over and the officer suspects they’ve been drinking. Although it depends on the situation, refusing to take a breathalyzer test comes with consequences.
In New York, Implied Consent Law states that if you drive on public roads then you are agreeing to consent to a breathalyzer test if an officer suspects you’re driving while impaired. That’s why if you refuse a breathalyzer test in NY, it results in an automatic 6 months to a year suspension of your driver’s license and up to $500 in fines. These penalties will be added to the penalties you will receive if convicted of a drunk driving charge.
Another effect of refusing a breathalyzer test is that the court can view it as an admission of guilt. Although we can’t recommend it, the only instance in which refusing a breathalyzer could be beneficial is if you know you are far beyond the legal limit or if you have caused an accident. If you refused a breathalyzer and are being charged with a DWI, the defense attorneys at the Law Office of Richard Hochhauser can help you decide what to do next.
How to fight your DWI offense in NY
You may be wondering if there’s any way to fight your DWI charge, and if so, how? Also, if you hire an attorney, what will their strategy be to defend you against the charges? Fortunately, there are several ways that a knowledgeable DWI attorney can help you fight your DWI charges. They include:
- By knowing the law A knowledgeable DWI defense attorney in Long Island should know the legal system inside and out and understand what needs to be done to have your charges dismissed or reduced. The best defense attorneys usually have past experience working as prosecutors, and therefore understand how prosecutor’s and the DA’s office will try to convict you. This gives them an advantage in that they know what to suspect and how to prepare for it.
- Having evidence against you dismissed Police officers are required to have probable cause when they pull you over and ask you to submit to a breathalyzer test. A defense attorney will investigate your case, and if they can prove that you were pulled over without cause, they may be able to have your case dismissed.
- Reduced charges A skilled DUI defense attorney in NY may be able to have your charges reduced from a DWI or DUI to reckless driving, which usually carries less severe punishments.
The truth is, if you’ve been accused of a DWI in NY, you shouldn’t try to beat your case alone. The benefits of having a skilled defense attorney on your team are huge and can make the difference between winning and losing your case.
Contact the DWI and DUI defense lawyers on Long Island New York
A DWI and DUI is a serious offense with serious consequences. If you or a loved one has been accused of DWI crime in New York, you risk losing your license, freedom, financial security and overall quality of life. Richard Hochhauser helps his clients on Long Island, NY beat their DWI charges. And when that’s not an option, we can help them have their charges reduced by negotiating a fair deal that’s in their best interest.
If you or a loved one is being charged with a DWI, DUI or DWAI on Long Island, contact our knowledgeable DWI defense lawyers today at (516) 939-1529 or online for a free consultation and case review. We understand how important it is for you to fight your DWI charge and we’re ready to help.
