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Long Island DWI Lawyer – Helpful Guide
Getting arrested for DWI or DUI can be a scary and overwhelming experience. As a Long Island resident, you may be wondering what happens next and how a local DWI lawyer can help. This article provides a helpful overview of DWI charges in New York, potential penalties, and legal defense strategies. We’ll also discuss what to look for when hiring a Long Island DWI attorney.
New York DWI Laws
In New York, it’s illegal to operate a motor vehicle when your blood alcohol content (BAC) is 0.08% or higher. You can face DWI charges even if your BAC is below 0.08%, however, if the arresting officer determines you were driving while impaired by alcohol or drugs. There are two main drunk driving offenses in NY:
- DWI (Driving While Intoxicated) – Misdemeanor criminal charge
- DWAI (Driving While Ability Impaired) – Traffic infraction with lesser penalties
The legal consequences for DWI are much harsher than DWAI. With a DWI, you face potential jail time, large fines, and license suspension. A DWAI is still serious, but won’t result in criminal charges on your record [1].
Penalties for DWI Conviction in New York
If convicted of DWI, whether it’s a first offense or repeat charge, you may face:
- Up to 1 year in jail
- Fines of $500 to $1,000
- License revocation for at least 6 months
- Installation of ignition interlock device
- Alcohol/drug abuse screening and treatment
- Higher insurance rates
Penalties increase for second and third DWI offenses within 10 years. You’ll also face charges if you refuse to submit to a breathalyzer or blood test after being lawfully arrested. New York has a “zero tolerance” policy for drivers under 21 – any detectable amount of alcohol results in a DWAI.
Because DWI charges stay on your criminal record, they can negatively impact your life for years. It’s critical to fight the charges with an experienced DWI lawyer. An attorney may be able to get your charges reduced or dismissed and help you avoid harsh penalties [2].
Your License After a DWI
A DWI/DUI conviction almost always results in driver’s license suspension or revocation. For a first DWI offense, your license will be suspended for at least 6 months. For a second offense within 10 years, it’s revoked for at least 1 year. Additional penalties include:
- Installation of an ignition interlock device (costs approx. $100 per month)
- $100 license re-application fee
- $750 annual fee for 3 years to maintain license
- Possible community service and completion of a drunk driving program
To get your license back after a DWI suspension, you’ll have to pay fines, show proof of insurance, and may need to pass a road test. An attorney can help you through this process and assist if your license is revoked [3].
Finding the Right Long Island DWI Lawyer
Having an experienced local attorney on your side can make all the difference in DWI cases. Consider these tips when choosing a Long Island DWI lawyer:
- Find someone familiar with local courts, judges, and prosecutors.
- Look for a lawyer focused solely on DWI defense.
- Ask about their case dismissal and reduction rates.
- Be sure they will handle your case personally.
- Inquire about fees and payment plans.
Also look for a lawyer who will carefully examine your arrest details to build a strong defense. For example, they may dispute improper field sobriety testing procedures, faulty breathalyzer results, or lack of probable cause for the original traffic stop [4].
Long Island DWI Defense Strategies
An experienced DWI attorney will know how to approach your defense depending on the specifics of your case. Here are some strategies they may use:
- Invalidating field sobriety tests – Challenge errors made by officers during coordination exercises.
- Disputing breathalyzer accuracy – Faulty calibration or your medical condition could produce invalid results.
- Questioning the traffic stop – Was there reasonable suspicion to pull you over initially?
- Raising doubt on officer testimony – Identify inconsistencies or exaggerations.
- Getting charges reduced – Negotiate with the prosecutor to lessen charges to a DWAI or other violation.
- Plea bargaining – Agree to plead guilty in exchange for lesser penalties.
An attorney may also advise you not to submit to field testing or a breath test without a warrant. Politely refusing may help your case down the road [5].
What to Do After a DWI Arrest
Being arrested for DWI can be scary, but it’s important to remain calm and know your rights. Follow these steps:
- Politely decline to answer any questions without your lawyer.
- Don’t admit guilt or discuss details of the incident.
- Ask to speak to your DWI attorney immediately.
- If injured, request medical attention right away.
- Carefully document all details you recall about the arrest.
- Hire a qualified DWI lawyer as soon as possible.
A skilled attorney will handle communication with the police and prosecutor’s office while building your defense. Don’t wait to seek legal help – the sooner you act, the better [6].
Why Hire a Long Island DWI Lawyer?
Here are key reasons why it’s so important to have local legal representation if you’ve been charged with DWI in New York:
- Avoid criminal record and harsh penalties
- Increase chances charges will be reduced or dismissed
- Protect your driving privileges from suspension
- Save money compared to penalties and insurance hikes
- Receive strong defense with knowledge of local courts
- Get legal advice and counsel at every stage
Don’t take chances with your future – contact a dedicated Long Island DWI attorney today. With an experienced lawyer on your side, you can move forward with confidence and clarity on the road ahead.