Long Island Lawyer Protecting the Rights of DWI Defendants Throughout Nassau County
Drugs and alcohol can seriously impair your ability to drive. If you choose to operate a motor vehicle while under the influence of drugs or alcohol, you are putting other road users in danger. This is why law enforcement officers take driving while under the influence (DWI) crimes so seriously.
A DWI conviction can lead to long-term consequences that can impact every aspect of your life. Don’t let a DWI conviction disrupt your life—turn to drunk driving attorney Gianni Karmily for help with your case.
What Are the DWI Laws in Long Island?
There are a number of laws in Nassau County related to driving while under the influence of alcohol or drugs. These laws include:
- VTL 1192-1 Driving While Ability Impaired By Alcohol (DWAI)
- VTL 1192-2 Driving While Intoxicated (DWI) With A Reading of 0.08% or More
- VTL 1192-2a(a) Aggravated Driving While Intoxicated (DWI) with a reading of 0.18% or more
- VTL 1192-2a(b) Driving While Intoxicated With A Child 15 Years or Younger in the Vehicle/Leandra’s Law
- VTL 1192-3 Driving While Intoxicated
- VTL 1192-4 Driving While Ability Impaired By Drugs (DWAI/Drugs)
- VTL 1192-4a Driving While Ability Impaired By Drugs and Alcohol (DWAI/Combination)
- VTL 1192-a Operating A Motor Vehicle After Having Consumed Alcohol Under the Age of 21/Zero Tolerance Law
To understand these laws, you must know the difference between DWAI, DWI, and aggravated DWI. If an officer believes you are under the influence of alcohol or drugs and unable to safely operate a motor vehicle, you could face DWAI charges. This is true regardless of whether or not your BAC is above the legal limit. You may face DWAI charges if you are impaired by alcohol, DWAI/drugs charges if you are impaired by drugs, and DWAI/combination charges if you are impaired by both.
If your BAC is at or above the legal limit of 0.08%, you will face DWI charges. However, if your BAC is at or above 0.18%, you will face aggravated DWI charges.
What Are the Penalties For DWI in New York?
If you are convicted of an alcohol-related offense, you can face serious penalties, including jail time, fines, and the loss of your driving privileges. The penalties will vary depending on several factors, including the type of offense and your prior criminal record. Here’s an overview of the penalties you should expect:
|Offense||Fine||Jail Sentence||Driving Privileges|
|DWI or DWAI-Drug||Up to $1,000||Up to 1 year||Min. of 6-month revocation|
|Second DWI or DWAI-Drug||Up to $5,000||Up to 4 years||Min. of 12-month revocation|
|Third DWI or DWAI-Drug||Up to $10,000||Up to 7 years||Min. of 12-month revocation|
|DWAI-Combination||Up to $1,000||Up to 1 year||Min. of 6-month revocation|
|Second DWAI-Combination||Up to $5,000||Up to 4 years||Min. of 12-month revocation|
|Third DWAI-Combination||Up to $10,000||Up to 7 years||Min. of 12-month revocation|
|DWAI||Up to $500||Up to 15 days||90-day suspension|
|Second DWAI||Up to $750||Up to 30 days||Min. of 6-month revocation|
|Third DWAI||Up to $1,500||Up to 180 days||Min. of 6-month revocation|
|Testing Refusal||$500||N/A||Min. of 12-month revocation|
|Second Testing Refusal||$750||N/A||Min. of 18-month revocation|
|Aggravated DWI||Up to $2,500||Up to 1 year||Min. of 12-month revocation|
|Second Aggravated DWI||Up to $5,000||Up to 4 years||Min. of 18-month revocation|
|Third Aggravated DWI||Up to $10,000||Up to 7 years||Min. of 18-month revocation|
Additional penalties may be imposed on offenders with multiple convictions on their record.
These penalties can affect your finances, personal life, employment, and freedom. This is why it’s so important to fight your charges with the help of experienced DWI attorney Gianni Karmily.
What Is An Ignition Interlock Device (IID)?
If you are convicted of DWI, another penalty you will face is the mandatory installation of an IID on your vehicle. An IID works like a breathalyzer by detecting the amount of alcohol on your breath. If you install an IID after a DWI conviction, you will be required to blow into the device before starting your vehicle. If there is alcohol on your breath, the device will not allow your car to start. DWI offenders will be required to install an IID for a period of at least 12 months.
What Happens If You Refuse to Take A DWI Chemical Test?
Under New York’s implied consent laws, drivers are required to submit to chemical testing if you are arrested for an alcohol-related offense. You can refuse to submit to chemical testing, but you will face consequences for this decision.
Shortly after your refusal, the DMV will schedule a refusal hearing. This hearing is completely separate and independent from your criminal case. The hearing will take place within 15 days of your refusal. During this 15-day period, your license will be suspended.
The hearing will take place in front of an administrative law judge (ALJ). Both sides will be given an opportunity to present evidence that supports their case. Some of the questions that the ALJ will seek to address include:
- Did the officer have reasonable suspicion to think that you were operating a motor vehicle while under the influence of drugs or alcohol?
- Was there probable cause to make a DWI arrest?
- Were you warned that refusing to submit to chemical testing would affect your driving privileges?
- Did you actually refuse to submit to testing?
If the ALJ finds that the answer to each question is “yes,” your driver’s license will be revoked for at least one year.
Schedule A Free Consultation With Our DWI Lawyer in Long Island
Have you been accused of driving while under the influence of alcohol or drugs? It is possible to fight these charges as long as you are represented by an experienced criminal defense attorney. Seek legal representation from DWI attorney Gianni Karmily as soon as possible after your arrest. Gianni can carefully analyze the evidence, look for flaws in the state’s case, and fight for your freedom. To schedule a free consultation with Law Firm of Gianni Karmily, PLLC, call 516-630-3405 or fill out the form on this website.