Hempstead Attorney Protecting the Rights of DWI Defendants
If you are charged with DWI – driving while intoxicated – what are your legal rights? What are your options? What steps can and should you take? Your first step after a DWI arrest should be scheduling a case evaluation with a Hempstead DWI attorney at the Law Firm of Gianni Karmily.
Anywhere in New York, if a police officer believes you are a threat to public safety or your own safety, you could be arrested, charged with DWI, convicted, fined, and even lose your job or serve time in jail. A DWI conviction could devastate your life. Where can you turn for help?
If you are charged with DWI, ask Hempstead DWI lawyer Gianni Karmily to protect your rights and fight for the justice you need. If there’s a flaw or an inconsistency in the State’s case against you, he will find it, use it in your defense, and bring your DWI case to its best possible outcome.
What Constitutes DWI?
If you are drunk driving with a blood alcohol concentration (BAC) level at or above 0.08%, you can be charged with driving while intoxicated. If your BAC level measures 0.18% or higher, you will be charged with aggravated DWI, and you’ll face harsher penalties if convicted.
Additionally, and without regard to your BAC level, if a police officer believes you are too intoxicated to drive safely, you can be charged with DWI.
A first-offense misdemeanor DWI conviction in New York is punishable by up to a year in jail, a fine of up to $1,000, and a six-month driver’s license suspension. In most cases, a first DWI offense is a misdemeanor, but a second DWI offense within ten years or a first DWI offense with a child 15 years or younger in the vehicle (Leandra’s Law) is charged as a felony.
If you are convicted of DWI or aggravated DWI, you will also be required to install an Ignition Interlock Device (IID) in your personal vehicle, at your own cost, for at least 12 months. An IID connects to a vehicle’s ignition system, measures the alcohol content in the breath of the driver, and prevents the vehicle from starting if the driver’s BAC level is 0.025% or higher.
What Are the Penalties for Second DWI Convictions?
A second conviction for driving while intoxicated within ten years of the first conviction may be penalized with a fine of $1,000 to $5,000 and/or one to four years in prison. A second DWI conviction within ten years of the first also triggers a one-year driver’s license revocation, and IID installation will be required when the license revocation is lifted.
Additionally, a DWI defendant who receives a second driving while intoxicated conviction within five years of the first conviction will be required by New York law to serve at least five days in jail.
What Is DWAI?
You could face a lesser charge, DWAI (driving while ability-impaired), if you are drunk driving anywhere in New York with a BAC level at or above 0.05% but under 0.08%.
DWAI is a traffic infraction punishable upon conviction with up to fifteen days in jail, a fine of up to $500, and a ninety-day driver’s license suspension. Both convicted DWI offenders and convicted DWAI offenders must complete New York’s Impaired Driver Program (IDP).
Convicted DWI and DWAI offenders also must submit to a drug/alcohol assessment and screening, attend a Victim Impact Program (VIP), and pay a driver responsibility assessment fee of $250 a year for three years.
In some first-offense cases, a prosecutor may offer to reduce a DWI charge to DWAI if the defendant’s BAC level at the time of the arrest was below 0.13%, if the defendant submitted to a breathalyzer test, and if the defendant did not cause any accidents or injuries.
What Will a Hempstead DWI Attorney Do on Your Behalf?
A DWI charge is considerably more serious than a DWAI charge, and if an intoxicated driver causes property damage or personal injuries, the charges and penalties will be even more serious. A conviction could negatively affect you for the rest of your life.
A good Hempstead DWI defense lawyer will review the prosecution’s evidence and find the best way to cast doubt on the state’s case against you. Breathalyzer and blood test results may be disputed, or the arresting police officer’s testimony may be challenged in court.
Any lawyer can defend you against a driving while intoxicated charge, but with so much at stake, you must be advised and represented by a lawyer who has considerable experience and a record of success handling DWI cases. That lawyer is Hempstead DWI attorney Gianni Karmily.
How Much Do Hempstead DWI Defense Attorneys Cost?
One of the first questions that may cross your mind is, “How much will a DWI defense lawyer cost?” The answer to this question can vary depending on a number of factors, including the complexity of the case, the severity of the criminal charges, and the attorney’s experience in criminal law.
More complex cases involving serious crimes will require more of your attorney’s time, which means these cases will typically cost more than less serious offenses.
DWI defense attorneys usually charge flat fees for their legal services. Most attorneys charge a flat fee to handle pre-litigation matters and another flat fee if the case goes to hearings or trial.
Hempstead, NY, is not the place to “Price Shop” for a DWI defense attorney. If you do that, you risk making a life-altering mistake that will haunt you forever. If a law firm charges less, always ask yourself the reason why they are a “Budget” law firm.
4 Reasons You Should Hire The Law Firm of Gianni Karmily, PLLC As Your Hempstead DWI Defense Attorney
1) LIFELONG DWI DEFENSE ATTORNEY
Gianni Karmily is a lifelong DWI defense attorney serving Hempstead, Long Island, New York. His legal career has been dedicated to defending individuals accused of crimes and protecting the rights of people facing DWI prosecution.
Unlike attorneys who begin their careers representing the government before transitioning into private DWI defense, Gianni Karmily has developed his professional experience from the DWI defense side of the justice system. His defense experience began before he became an attorney. While attending law school, Gianni served as an intern for the Public Defender’s Office at the Legal Aid and Defender Association in Detroit, Michigan, gaining firsthand experience defending individuals accused of DWI offenses.
After returning to Hempstead, Long Island, New York, Gianni dedicated his practice to DWI defense litigation and the representation of individuals facing DWI charges. His practice encompasses the defense of individuals accused of a broad range of DWI offenses, including DWI and DUI-related offenses, hit and run, assault, domestic violence, larceny, theft, drug crimes, weapons offenses, traffic-related crimes, white-collar crimes, and other misdemeanor and felony charges.
Gianni’s practice is centered on New York DWI defense, New York Penal Law, Vehicle & Traffic Law, DWI Procedure Law, constitutional advocacy, DWI litigation, and protecting the rights of the accused. His defense-focused experience provides an operational perspective on DWI cases that is centered on identifying weaknesses in the government’s case, challenging evidence, examining investigative procedures, and determining whether constitutional or procedural issues may affect the prosecution.
Depending on the circumstances of a particular case, DWI defense representation may involve Fourth Amendment issues, search and seizure, suppression motions, unlawful searches, unlawful stops, probable cause, evidentiary challenges, procedural violations, constitutional defenses, and challenges to the sufficiency of the government’s evidence.
There may be a distinct advantage to an attorney you hire who has not been on the prosecution side because they have a totally different mindset not susceptible to institutional bias, which could make you subconsciously conditioned to think in a certain way and accept certain things that could put your client in peril.
A lifelong DWI defense attorney develops what can be described as aggressive skepticism—an active approach to questioning allegations, scrutinizing evidence, challenging assumptions, examining police and investigative procedures, and determining whether the prosecution can establish every element required to prove the charged offense. Overall, the ability to challenge authority and the DWI justice system as a whole is a core component that distinguishes DWI defense attorneys who have practiced exclusively on the defense side from those who spent part of their careers doing the opposite—prosecuting cases and putting people in jail.
With more than 10 years of exclusive DWI defense experience, the distinction is straightforward: Gianni Karmily is a DWI defense attorney whose professional identity is built around defending the accused. DWI defense is not a secondary practice area or a recent transition from prosecution to private practice. It is the focus of his legal career.
2) DIRECT ACCESS TO GIANNI KARMILY
Gianni Karmily is the principal attorney of the Law Firm of Gianni Karmily, PLLC. Clients facing DWI charges in Hempstead have direct access to the attorney responsible for their representation.
A DWI defense case should not be routinely passed from one attorney to another or from one paralegal to another without consistent attorney involvement. Gianni remains directly involved in the important aspects of each representation, including court appearances, case updates, client questions, evaluation of DWI charges, review of available evidence, and defense strategy.
Direct access means that the attorney defending the case maintains firsthand knowledge of the client’s circumstances, allegations, procedural history, legal issues, and potential defenses.
Gianni also regularly works with other experienced DWI defense attorneys, legal professionals, investigators, and other experts from different backgrounds when a particular case would benefit from additional experience or specialized knowledge. This allows the firm to maintain direct attorney involvement while also drawing upon additional resources when appropriate.
For individuals accused of a DWI offense in Hempstead, Long Island, New York, direct communication with the principal attorney is an important part of the DWI defense process that our firm does not take lightly.
3) LIMIT NUMBER OF CASES
The Law Firm of Gianni Karmily, PLLC limits the number of DWI defense cases it accepts each month so that each client receives individualized attention and Gianni can dedicate the time necessary to develop a thorough defense without cutting any corners.
The firm does not approach DWI defense as a high-volume process. Each DWI case requires an examination of its specific facts, allegations, evidence, procedural history, and applicable New York law.
Limiting the number of cases allows Gianni to dedicate adequate time to:
- Understanding the specific circumstances of the client’s case.
- Reviewing the DWI allegations and available evidence.
- Identifying potential constitutional and procedural issues.
- Evaluating applicable New York DWI laws.
- Investigating potential defenses.
- Communicating directly with the client.
- Preparing adequately for court appearances.
- Developing an individualized defense strategy.
- Pursuing an appropriate resolution based on the facts and circumstances of the case.
4) OFFICE LOCATED STEPS AWAY FROM THE NASSAU COUNTY COURTHOUSE
The Law Firm of Gianni Karmily, PLLC has offices located steps away from the Nassau County Courthouse, placing Gianni Karmily and his DWI defense practice immediately next to the courthouse where many Hempstead DWI matters are handled.
For a DWI defense client, having an attorney’s office steps away from the Nassau County Courthouse provides practical benefits throughout the representation. DWI cases involve arraignments, court appearances, conferences, hearings, motions, plea proceedings, compliance appearances, and trials, depending on the charges and circumstances of the case.
The firm’s proximity makes it convenient for clients to meet directly with DWI defense attorney Gianni Karmily before or after court proceedings, discuss developments in their case, review important legal issues, and communicate with Gianni when court-related matters arise.
For clients who may have multiple court appearances throughout a DWI case, having their attorney’s office steps away from the Nassau County Courthouse can also reduce unnecessary travel between the courthouse and their attorney’s office. It provides a convenient, easily accessible location for attorney-client meetings before or after proceedings.
For a person searching for a Hempstead DWI defense attorney, the combination of a lifelong focus on DWI defense, direct attorney access, and an office located steps away from the Nassau County Courthouse provides a direct connection between the attorney, the client, and the local court system.
Why Choose Gianni Karmily as Your DWI Attorney?
Hempstead attorney Gianni Karmily has built a reputation for superlative client service and for tenacious and effective defense representation. He has a passion for justice. If you are charged with DWI, he will explain your options, defend your rights, and guide you through the process.
Gianni Karmily was named by Super Lawyers as a “Rising Star in Criminal Law” in the New York Metro area from 2019 to 2024. He is a graduate of the University of Detroit Mercy School of Law, where he served as President of the International Law Society.
To schedule a confidential case evaluation with the Law Firm of Gianni Karmily, PLLC, call our Great Neck office at (516) 630-3405 or our Hempstead office at (516) 614-4228.
