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.
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.
If you are placed under arrest and charged with DWI, DWAI, or any other alcohol- or drug-related traffic offense in Hempstead or anywhere in Nassau County or on Long Island, arrange a legal case evaluation with the Law Firm of Gianni Karmily – at once – by calling (516) 614-4228.
