As you can see, the state of New York offers severe penalties for DWI convictions, especially for repeat offenders. Working with a New York DWI lawyer can help you ensure that your best interests are protected in court. After all, a conviction could mean paying big fines, taking public transportation for a while and losing your freedom. Your New York DUI lawyer can help you decide how to proceed with your case and whether or not a plea agreement would benefit you.
Remember: being charged with DWI is serious, but it doesn’t have to mean the end of your driving career. If you want to start fighting your DWI charges now, call us at 631-882-3140 as soon as possible.
Arrests - In New York City, Queens, Suffolk and Nassau County Long Island, a criminal law defendant is sometimes given a desk appearance ticket with a future date to return to court. A desk appearance ticket is more of a possibility for a violation or misdemeanor than a felony charge. Other criminal defendants are brought before a judge within 24 hours after an arrest where the judge will decide whether or not to fix bail on a case. There are various factors that criminal lawyers can use to try persuade a judge to release a defendant without bail or to set a low bail. A plea offer might immediately be made by the District Attorney. In some instances your criminal lawyer may be able to get the case dismissed at the first appearance. Usually future appearances are necessary while the defense lawyer and District Attorney investigate the case. Grand jury proceedings (for felony matters), motions to dismiss or suppress evidence, and pre-trial hearings may all occur before a case is ready for trial. Although cases may be disposed of by a plea deal or a case may be dismissed, others go to trial. It is the burden of a District Attorney in criminal cases to prove the violation, misdemeanor or felony charges against a criminal defendant beyond a reasonable doubt. This is a very high burden of proof and it is entirely on the District Attorney. Defendants are entitled to the presumption of innocence. This law firm takes the presumption of innocence very seriously and fights hard to defend the rights of its criminal law clients.
If you stand accused, it is advisable to have an experienced criminal defense attorney represent you. Reasonable flat or hourly rates are available for New York, Long Island (Queens, Nassau and Suffolk ), New York City and surrounding areas in the State of New York. A $900 flat rate until the case is trial tracked is available when the top charge is a misdemeanor for Queens & Long Island. Call for a free initial phone consultation about your violation, misdemeanor, felony, probation / parole violation or traffic infraction. Leave a message for a prompt return call.
LAW OFFICE OF DARREN M. SHAPIRO
105 Maxess Road, Suite 124 Melville, New York 11747 (631) 882-3140 darshap@optonline.net
Credit cards are accepted.
What is the difference between DWI and DWAI?
Intoxicated is defined as the voluntary consumption of alcohol causing impairment which renders a person incapable to a substantial extent of employing the physical and mental abilities which are needed to possessed in order to operate a vehicle as a reasonable and prudent driver.
Impairment is defined as impairment to any extent of the physical and mental abilities needed to be possessed in order to operate a vehicle as a reasonable and prudent driver.
DWI is a misdemeanor offense giving a person a criminal record. A first time offender shall be punishable by a maximum one-year jail term and/or a fine of $500-$1000 and a mandatory license revocation of six months. There is no enhancement of sanctions if the defendant has a prior conviction of DWAI. A prior conviction for DWI within the last 10 years will result in a felony charge and enhanced sanctions.
DWAI is a traffic infraction and not a crime and will not leave a person with a criminal record. A first time offender shall be punishable by a maximum jail term of 15 days and/or a fine of $300-$500 and a license suspension of 90 days. A second time offender within 5 years shall be punishable by a maximum jail term of 30 days, and/or a fine of $500-$750 and a license suspension of 6 months. A third time offender shall be punishable by a maximum jail term of 90 days, and/or a fine of $750-$1500 and a license suspension of 6 months.
What Will Happen If I Refuse to Take The Chemical Test?
If you refuse a chemical test for BAC (Blood Alcohol Content), your license will be suspended at arraignment in court, and revoked for at least six months (second offense, one year) at a Department of Motor Vehicles hearing. You will also be subject to a civil penalty of $300 (second offense, $750). A driver under 21 years old who refuses to take a chemical test under the Zero Tolerance Law is subject to a 1-year license revocation and a $300 civil penalty. The penalties and fines for refusing to submit to a chemical test are separate from, and in addition to the penalties and fines for alcohol or drug-related convictions.
Penalties for Alcohol-related and Drug-related Violations
Violation (1)
Mandatory Fine (2)
Maximum Jail Term
Mandatory Driver License Action (3)
Aggravated Driving While Intoxicated (A-DWI)
$1,000 - $2,500
1 year
Revoked for at least one year
Second A-DWI in 10 years (E felony)(1)
$1,000 - $5,000
4 years
Revoked for at least 18-months (5)
Third A-DWI in 10 years (D felony)(1)
$2,000 - $10,000
7 years
Revoked for at least 18-months (4,5)
Driving While Intoxicated (DWI) or Driving While Impaired by a Drug (DWAI-Drug)
$500 - $1,000
1 year
DWI-Revoked for at least six months DWAI-Drugs - Suspended for at least six months
Second DWI/DWAI-Drug violation in 10 years (E felony)(1)
$1,000 - $5,000
4 years
Revoked for at least one year
Third DWI/DWAI-Drug violation in 10 years (D felony)(1)
$2,000 - $10,000
7 years
Revoked for at least one year (4)
Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination)
$500 - $1,000
1 year
Revoked for at least six months
Second DWAI/Combination in 10 years (E felony)(1)
$1,000 - $5,000
4 years
Revoked for at least one year/18 months (5)
Third DWAI/Combination in 10 years (D felony)(1)
$2,000 - $10,000
7 years
Revoked for at least one year/18 months (4,5)
Driving While Ability Impaired by Alcohol (DWAI)
$300 - $500
15 days
Suspended for 90 days
Second DWAI violation in 5 years
$500 - $750
30 days
Revoked for at least six months
Zero Tolerance Law
$125 civil penalty and $100 fee to terminate suspension
None
Suspended for six months
Second Zero Tolerance Law
$125 civil penalty and $100 re-application fee
None
Revoked for one year or until age 21
Chemical Test Refusal
$500 civil penalty ($550 for commercial drivers)
None
Revoked for at least one year, 18 months for commercial drivers.
Chemical Test Refusal within five years of a previous DWI-related charge/Chemical Test Refusal
$750 civil penalty
None
Revoked for at least 18 months, one-year or until age 21 for drivers under age 21, permanent CDL revocation for commercial drivers.
Chemical Test Refusal - Zero Tolerance Law
$300 civil penalty and $50 re-application fee
None
Revoked for at least one year.
Chemical Test Refusal - Second or subsequent Zero Tolerance Law
$750 civil penalty and $50 re-application fee
None
Revoked for at least one year.
Driving Under the Influence - (Out-of-State)
N/A
N/A
Suspended for 6 months. If less than 21 years of age, revoked at least one year.
Driving Under the Influence - ( Out-of State ) with any previous alcohol-drug violation
N/A
N/A
Suspended for 6 months. If less than 21 years of age, revoked at least one year or until age 21 (longest term).
