The different charges and penalties for DWI on Long Island can quickly get confusing. It is crucial to understand the type of charge you might be facing in order to properly build an effective legal strategy. Getting the help of an experienced Long Island DWI/DUI attorney is essential in understanding your rights under the law. Under New York laws, penalties for drunk driving can vary depending on the defendant’s blood alcohol content (BAC). Your charges can differ depending on the results of the chemical test. However, a law enforcement officer declaring that you are in an intoxicated or impaired state can already be enough cause for you to be charged with an impaired driving offense. Alcohol-Driving While Ability ImpairedA person may be held guilty of Driving While Ability Impaired (DWAI) if they operate a motor vehicle with a BAC of more than .05% but less than .07% BAC or if an officer declares their driving ability as impaired. Defendants convicted of a DWAI are also subject to the following additional penalties to be accomplished for each offense they were convicted of:
Should a defendant fail to complete these additional penalties, they may be subject to probation violations and additional license suspensions which can remain in effect until the penalties are followed. Regardless of the instance of offense, provided that repeat convictions do not happen within 5 years, if a defendant does not refuse a chemical test and submits documentation of completing a drug and alcohol rehabilitation program, they may be able to apply and be granted a conditional license. This conditional license will let them drive while their license is suspended pending a DMV hearing. First OffenseA conviction for a first offense of Alcohol-DWAI is not considered a criminal conviction but rather a traffic infraction. Compared to a DWI, Drugs-DWAI, or Combination-DWAI which are misdemeanor crimes, a first-offense conviction of Alcohol-DWAI carries less severe penalties.
Second OffenseA conviction for a second offense of Alcohol-DWAI is not considered a criminal conviction but rather a traffic infraction. However, penalties can be more severe if the defendant has been convicted of an impaired driving offense in the last five years. A defendant who has been convicted of an Alcohol-DWAI who has already been convicted of one DWI or DWAI charge within the past five years is subject to the following penalties:
A defendant who is convicted of a second-offense DWAI within five years of being convicted of an impaired driving offense is not eligible for a conditional license. The DMV also imposes a $750 penalty for those who have had their license revoked for refusing a chemical test or have been convicted of a second impaired driving charge. This penalty is in addition to a license revocation for 1.5 years. Third and Subsequent OffensesA conviction for a third offense of Alcohol-DWAI is a misdemeanor. Penalties can be more severe if a defendant has been convicted of two impaired driving offenses within the last ten years. A defendant who has been convicted of an Alcohol-DWAI who has already been convicted of two DWI or DWAI charges within the past ten years is subject to the following penalties:
A defendant who is convicted of a third-offense DWAI within five years of being convicted of two impaired driving offenses is not eligible for a conditional license. The DMV also imposes a $750 penalty for those who have had their license revoked for refusing a chemical test or have been convicted of a prior impaired driving charge. This penalty is in addition to a license revocation for 1.5 years. Driving While Intoxicated (DWI), Drug-DWAI, Combination-DWAIA person may be held guilty of Driving While Intoxicated if they operate a motor vehicle and if:
The BAC requirement is different for commercial drivers and drivers under 21 years of age being .04% and .02% respectively. A person may be held guilty of a Drug-DWAI if they operated a motor vehicle and if:
A person may be held guilty of a Combination-DWAI if they operated a motor vehicle and if:
The court can suspend a defendant’s license under the following circumstances:
If the refusal is confirmed at the DMV hearing, the defendant’s driver’s license can be revoked for up to a year and they will be required to pay a $500 civil penalty for the first offense and $750 for subsequent offenses. Defendants convicted of a DWI, Drug-DWAI, or Combination-DWAI are also subject to the following additional penalties to be accomplished for each offense they were convicted of:
Should a defendant fail to complete these additional penalties, they may be subject to probation violations and additional license suspensions which can remain in effect until the penalties are followed. Regardless of the instance of offense, provided that repeat convictions do not happen within 5 years, if a defendant does not refuse a chemical test and submits documentation of completing a drug and alcohol rehabilitation program, they may be able to apply and be granted a conditional license. This conditional license will let them drive while their license is suspended pending a DMV hearing. First OffenseThe first-offense conviction of a DWI, Drugs-DWAI, or Combination-DWAI is considered a misdemeanor crime. In addition, a defendant may be subject to the following penalties:
Second OffenseA conviction for a second offense of a DWI, Drugs-DWAI, or Combination-DWAI within ten years is considered a class E felony. In addition, a defendant may be subject to the following penalties
A defendant who is convicted of a second-offense DWI, Drugs-DWAI, or Combination-DWAI within five years of being convicted of an impaired driving offense is not eligible for a conditional license. The DMV also imposes a $750 penalty for those who have had their license revoked for refusing a chemical test or have been convicted of a prior impaired driving charge. This penalty is in addition to a license revocation for 1.5 years. Third and Subsequent OffensesA conviction for a third offense of a DWI, Drugs-DWAI, or Combination-DWAI within ten years is considered a class D felony. In addition, a defendant may be subject to the following penalties
License Revocation: A defendant who has had three impaired driving convictions, chemical test refusals, or a combination of convictions and refusals within a four-year period is subject to permanent license revocation. The DMV can allow the defendant to reapply for a license after five years if:
A defendant can also obtain a conditional license after a mandatory three-year revocation period. A defendant who is convicted of a third-offense DWI, Drugs-DWAI, or Combination-DWAI within five years of being convicted of an impaired driving offense is not eligible for a conditional license. The DMV also imposes a $750 penalty for those who have had their license revoked for refusing a chemical test or have been convicted of a prior impaired driving charge.
Leandra’s Law and Its ImpactLeandra’s Law has had a profound impact on New York State’s approach to combating drunk driving, especially when it endangers children. Officially known as the “Child Passenger Protection Act,” this legislation was enacted in 2009 following the tragic death of 11-year-old Leandra Rosado in a drunk-driving related accident. The law underscores New York’s commitment to being one of the strictest states in the nation regarding DWI/DUI offenses. The cornerstone of Leandra’s Law is the creation of a new class E felony offense for driving under the influence with a child aged 15 or younger in the vehicle. Statistically, the law has shown its teeth — between 2009 and 2014, Suffolk County led the state with 384 arrests under the law. Nassau County also registered a significant number of arrests, ranking fifth with 185 over the same period. These numbers reflect a determined enforcement of the law; however, they also highlight a persistent issue of individuals driving while intoxicated with minors present, signaling a continued need for public awareness and education. Additionally, the law mandates the installation of an Ignition Interlock Device (IID) for all convicted individuals, adding a preventive layer to stop repeat offenses. This requirement places New York among the few states that impose such a condition on first-time DWI offenders. The device is a critical component in ensuring that those convicted do not reoffend, thereby protecting not just children but all road users. Leandra’s Law also necessitates that any violation involving a child passenger must be reported to the New York State Child Abuse/Neglect Hotline, ensuring that child welfare agencies are involved in safeguarding the affected children. The penalties under Leandra’s Law are severe, with prison sentences, fines, and mandatory probation reflecting the gravity of the offense. For instance, causing death or serious injury to a child passenger under the influence can lead to imprisonment of up to 25 years. Schedule a Consultation with Experienced Long Island DUI/DWI Attorney Jason Bassett TodayBeing charged with an impaired driving offense on Long Island can result in an inconvenience at best and significant financial and professional repercussions at worst. It is important to get the help of a skilled Nassau County or Suffolk County DUI/DWI attorney before making a decision. Jason Bassett, a top-rated Long Island DUI/DWI attorney, has provided aggressive legal representation to residents of Nassau County and Suffolk County who have been charged with drunk driving offenses. Our team of experienced attorneys at the Law Offices of Jason Bassett may be able to help you build a strong legal defense against your charges. Contact us at (631) 259-6060 or fill out our online form today to schedule a free consultation. Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Viktoria Altman https://jbassettlaw.com/long-island-new-york-penalties-for-driving-while-intoxicated-driving-under-the-influence/ Long Island, New York Penalties for Driving While Intoxicated/Driving Under the Influencevia Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett https://jbassettlaw.com/long-island-new-york-penalties-for-driving-while-intoxicated-driving-under-the-influence/
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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
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