Driving while intoxicated (DWI) is a serious offense in the state of New York and carries some serious penalties, including a criminal record. One of the most common questions we get from clients who are charged with a DWI after a drinking and driving incident is, ‘Can you go to jail for a DWI?’ The short answer is yes, there is always a possibility that your offense could land you in jail. However, the likelihood of that happening will depend on the exact circumstances around your DWI charge. Before you make any decisions about your case, it is important to speak with a highly-rated Long Island DWI lawyer. At The Law Offices of Jason Bassett, our experienced lawyer, Jason Bassett, is dedicated to protecting your rights. He can work tirelessly to build a strong defense strategy tailored to your unique situation. Don’t navigate the legal system alone; contact us today at (631) 259-6060 to schedule a confidential consultation and find out how we can help to reduce your DWI charges. Penalties for DWI in NYIn the state of New York, a first-time DWI offense is classified as a misdemeanor and may result in jail time, although there is no mandatory minimum sentence. Subsequent DUI convictions can be treated as felonies, leading to more severe penalties. That being said, under state law in New York any DWI conviction can result in jail time, regardless of the number of offenses committed. The maximum jail time for DWI offenses in New York can be broken down as follows:
As indicated above, the time between offenses will also play a part in the severity of your potential penalties. When there are multiple DWI offenses within a 10-year span, it becomes far more likely a defendant will receive a lengthy jail sentence. DWI in New York First OffenseThe act of driving while intoxicated in New York State carries severe consequences. If a police officer pulls you over and conducts a field sobriety test, followed by a chemical test revealing a blood alcohol concentration (BAC) exceeding the legal limit of 0.08%, you will likely be charged with DWI. A first-offense DWI is considered a misdemeanor and carries the following penalties upon conviction, depending on the specific charges involved:
When facing a first-offense DWI charge in New York, it’s crucial to have a reliable lawyer by your side. At The Law Offices of Jason Bassett, our dedicated Long Island DWI lawyers understand the complexities of the legal process and will guide you with confidence. With meticulous analysis of the evidence, skillful challenges to the prosecution’s case, and unwavering advocacy for your rights, we strive to achieve the best possible outcome for your DWI case. Contact us today for assistance and peace of mind. Is Jail Time Mandatory For 1st DUI In NY?In New York, jail time is not mandatory for individuals convicted of their first DUI offense. According to the state’s DUI laws, a first-time DUI offender is not required to serve a minimum jail term. However, while there isn’t a mandatory minimum, the courts still have the authority to impose a sentence of up to one year of imprisonment, particularly for certain impaired driving offenses. The likelihood of serving jail time can increase if the offense involves certain aggravating factors. One of the key factors that may affect the severity of the sentence is the Blood Alcohol Content (BAC) level at the time of the arrest. A high BAC can result in harsher penalties, including the possibility of jail time. It’s also important to remember that the absence of a mandatory minimum does not mean escaping consequences. There are other penalties and consequences associated with a first-time DUI in New York, such as fines, the suspension of driving privileges, and the requirement to attend DUI education programs or install an ignition interlock device. Ultimately, whether jail time is included in the sentence for a first DUI in New York will depend on the specifics of the case, including the BAC level and the presence of any aggravating factors. Therefore, while not mandatory, jail time is still a potential outcome for a first DUI offense in New York. Factors that determine jail timeWhen determining if jail time is an appropriate penalty for a DWI conviction, the judge will look at a variety of factors. One factor that plays a major role in the length of your potential jail sentence is your blood alcohol content. When your blood alcohol content (BAC) was below .08 percent, you’ll likely be charged with a DWAI (Driving While Ability Impaired), which carries comparatively lighter penalties. Driving with a BAC that is greater than .08 and less than .18 percent is considered a DWI. Those who blow greater than .18 percent will be charged with Aggravated DWI, which is an even more serious crime and could lead to a higher chance of you landing in jail. The courts look at additional factors before deciding on a possible jail sentence. These include the presence of passengers in the vehicle at the time of the offense if injuries were sustained and their severity, and if children were involved.
When is the best time to get an attorney?A driver should immediately seek legal representation. It is important to never speak with an arresting police officer or any other officers without the presence of an attorney. In addition to protecting your rights during questioning, an attorney is able to assist with a variety of motions as well as evidence collection in a DUI case. This will help the attorney prepare better for trial. Even if the goal is to settle, an attorney can offer guidance. You will have the opportunity to make a deal with them and to decide if it is worth taking on the possibility of a trial. If you are facing DWI charges in Nassau County or Suffolk County, call criminal defense attorney Jason Bassett. Possible Defenses to a DWI ChargeIt may appear that your Long Island DWI arrest seals the deal. The prosecution may present the results of a breathalyzer and field sobriety test alongside busy roads as undisputed evidence that you drove drunk. However, there are many possible ways that both the evidence and the procedures used to arrest you for a DWI can be challenged. A defense lawyer’s ability to deal with technical problems may be key in a successful DWI defense. Many of these issues focus on breathalyzers and their crucial role in defense. A skilled criminal defense lawyer must be experienced in identifying technical issues that the prosecution might have against you. A defense lawyer must be able to cross-examine facts and obtain favorable verdicts for their clients. For DWI charges on Long Island, some possible questions a defense lawyer may ask include:
Defense attorney Jason Bassett is experienced in scrutinizing claims made by the officer, exposing inconsistencies, and allowing the defendant a chance to tell their story. In many cases, the most important evidence relies on a machine that calculates your blood alcohol level (BAC). But machines can be wrong for a variety of reasons. This, along with the credibility and reliability of the officer are often key factors. However, you have many other options for defense as well. Call Defense lawyer Jason Bassett today to learn more. Hiring A Top First-Time DWI Lawyer In Suffolk CountyJail time is not inevitable in a DWI conviction. A court will consider many factors before making a decision on every case. Having the right criminal defense attorney by your side can greatly reduce the chance of you serving any jail time for your first DWI offense or a subsequent offense. Anyone who is facing charges of Driving While Intoxicated or Driving Under the Influence should seek the legal advice of an experienced criminal defense attorney. If you are faced with a DWI offense and feel anxious about potential jail time, contact Jason Bassett and his team for a free initial consultation. Get the information and legal answers you are seeking by calling (631) 259-6060 today. Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/can-i-go-to-jail-for-dwi-long-island/ Can I Go to Jail for a DWI on Long Island?via Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett https://jbassettlaw.com/can-i-go-to-jail-for-dwi-long-island/
0 Comments
Leave a Reply. |
ABOUT USJason Bassett Criminal Attorney and his law firm are dedicated to protecting the rights of individuals who have been accused, arrested, and charged with a crime. As a highly-experienced Long Island criminal lawyer, Jason Bassett aggressively defends clients at both the State and Federal levels and zealously advocates for his clients’ rights in and out of court. If you are looking for a DWI lawyer, murder and homicide lawyer, federal crimes defense lawyer or a medical license defense attorney, contact Jason Bassett for a free consultation today. FIND US ONLINE Bitly Box Diigo DropBox Evernote Postach.io Inoreader Instapaper Nimbus OneDrive OneNote Raindrop Todoist Toodledo Trello Tumblr Weebly Wordpress Blogger Google Drive Youtube Google Map GMB Yelp Avvo Justia Related Links About.me Behance.net Dribbble.com Taplink.cc Gravatar.com Carrd.co Minds Justpaste Issuu Linktr.ee Solo.to Newsblur Alltop Feedly Feeder Feedspot Feedspot Archives
April 2023
Categories |