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.
3 Reasons You Should Hire The Law Firm of Gianni Karmily, PLLC As Your Hempstead DWI Defense Attorney
1) Lifelong Criminal Defense Attorney
Unlike most criminal defense attorneys, Gianni Karmily has been on the defense side his entire life from even before becoming a lawyer. While in law school, he was an intern for the public defender’s office at the Legal Aid and Defender Association in Detroit, Michigan. After moving back to Nassau County, Long Island, New York, he has been looking forward every day to being the voice of individuals facing criminal charges, including those accused of DWI in Hempstead and throughout Nassau County.
There is a natural 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 makes you subconsciously conditioned to think in a certain way and accept certain things that could put your client in peril.
A lifelong criminal defense lawyer naturally possesses aggressive skepticism, which is an intense, active approach to questioning and challenging information, authority, and the system. That’s the reason they are best suited to effectively do their job, which is to be the voice of that person and aggressively push back to make sure the system doesn’t roll over them.
2) Direct Access
Gianni Karmily is the principal attorney of the Law Firm of Gianni Karmily, PLLC. It is very important for our clients to be reassured that their Hempstead DWI case doesn’t get shuffled around from one lawyer to another lawyer and from one paralegal to another paralegal. That is the reason they deal directly with Gianni for every aspect of representation, including court dates and any case updates. At the same time, Gianni regularly works with other experienced criminal defense attorneys and experts from different backgrounds to make sure he achieves the best result possible for all his clients.
3) Limit Number of Cases
The Law Firm of Gianni Karmily, PLLC is very thorough and doesn’t cut any corners when representing individuals accused of DWI in Hempstead. That’s the reason the law firm limits the number of cases it takes each month in order for each case to receive the individualized attention it deserves and for Gianni to dedicate the adequate time required for a sound defense. Your case could affect your freedom, your career, and your future. Make sure you have an attorney with the experience and time to protect all three.
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.
