If you live in Nassau County or Long Island and are looking for guidance from an experienced Nassau DUI lawyer, you might be curious about whether you can be charged with “attempted drunk driving” in New York. This topic can be a bit confusing, so let’s break it down to make it easier to understand.

What is an Attempt to Commit a Crime?

In New York, when someone is accused of attempting to commit a crime, it means they tried to do something illegal but didn’t complete the crime. For instance, if a person plans to rob a store and shows up with a mask and a weapon, but the police catch them before they can steal anything, they can still be charged with trying to rob the store.

Real Examples of Attempts

To provide a clearer picture, let’s look at some real-life cases where people were charged with attempting to commit crimes:

  1. People v. Naradzay: In this case, a man wrote a list of things to do for a serious crime and brought a gun with him to a location where he planned to commit the crime. Even though he never used the gun, his actions were so close to completing the crime that he was charged with attempting to commit it. The court felt that his actions were dangerous and showed he was on the verge of committing the crime. This case demonstrates how close an individual must come to committing a crime to be charged with an attempt. People v. Naradzay, 11 N.Y. 3d 460 (2008).
  2. People v. Cano: Another example involves a man who traveled to a location where he believed he would meet someone he planned to harm. Even though he didn’t actually cause harm, his preparation and intent were considered close enough to completing the crime that he was charged with attempting it. This case highlights the principle that attempts can be charged when a person is close to committing the crime, even if the crime itself hasn’t occurred. People v. Cano, 12 NY. 3d 876 (2009).

However, when it comes to drunk driving, the situation is a bit different. New York law doesn’t allow for charges of “attempted drunk driving.” Here’s why:

Why Can’t You Be Charged with Attempted Drunk Driving?

New York’s DWI/DUI laws are set up to deal with actual and intentional drunk driving. The law has a detailed definition of operation of a motor vehicle that it includes the driving of a car on a public road as well as sitting behind the wheel of a car for the purpose of placing the vehicle in motion when the motor vehicle is moving, or, even if it is not moving, the engine is running. Therefore, as you can see, the law essentially already includes the attempt to drive.

The New York legal system is also very clear about what constitutes drunk driving and leave no room for an attempt to be drunk. The law includes various scenarios, such as someone being caught driving with a high blood alcohol concentration (BAC) or showing signs of impairment while driving. Because of this, the law doesn’t have a separate category for “attempted drunk driving.” Instead, the focus is on whether someone is actually driving under the influence of alcohol.

An Attempted Drunk Driving Case Example: People v. Prescott

To illustrate this, let’s look at a case called People v. Prescott. In this case, the New York Court of Appeals decided that the state’s laws regarding drunk driving are so comprehensive that they do not include rules for attempting to drive drunk. The court noted that the law already covers situations where someone may come very close to committing drunk driving, such as putting keys in the ignition without starting the car. 

It determined that since New York’s laws are detailed enough to cover many aspects of drunk driving, including attempts to start a vehicle while intoxicated, there is no need for a separate charge of “attempted drunk driving.” The legislature has made it clear that the focus should be on actual drunk driving, not on the attempt to drive drunk. People v. Prescott, 95 N.Y.2d 655 (2001).

Understanding Drunk Driving Charges

Even though you can’t be charged with “attempted drunk driving” in New York, being caught driving under the influence can still lead to severe legal consequences. Here’s what you might face if you’re charged with a DWI/DUI:

  • Jail Time: A conviction for drunk driving can result in jail time. The length of the sentence depends on various factors, including the severity of the offense and whether it’s a repeat offense.
  • Fines: You may be required to pay significant fines if convicted of drunk driving. These fines can add up quickly and can be a financial burden.
  • Criminal Record: A drunk driving conviction will appear on your criminal record. This can have long-term consequences for your employment, professional licensing, and more.
  • License Suspension: Your driver’s license could be suspended for a period of time, ranging from several months to years, depending on the circumstances of your case.
  • Ignition Interlock Device: If you are convicted, you might be required to install an ignition interlock device in your vehicle. This device tests your breath for alcohol before allowing the car to start.

Why You Need a Good Long Island DWI Lawyer

If you’re facing charges related to drunk driving, having a skilled lawyer is crucial. A knowledgeable Long Island defense attorney can help you navigate the legal system, understand your options, and work towards the best possible outcome for your case. They can also help you understand the complex laws surrounding drunk driving and provide guidance on how to handle your situation.

A lawyer can also assist in negotiating with prosecutors, representing you in court, and exploring possible defenses. With the right legal representation, you may be able to reduce the charges, minimize penalties, or even have the charges dismissed.

Our Firm’s Commitment To Drunk Driving Charges in Nassau County and Long Island

At our firm, we are dedicated to providing top-notch legal representation for those facing drunk driving charges in Nassau County and Long Island. We understand the unique challenges that come with these cases and are committed to offering personalized support for each client.

We have successfully represented a diverse range of clients, from professionals like doctors and lawyers to students and new drivers. No matter who you are, we are here to provide the expertise and support you need to navigate your case effectively.

If you’re dealing with a drunk driving charge or any related issue, don’t hesitate to reach out to us. We offer free case consultations to help you understand your situation and explore your options. Our team serves Nassau and Suffolk Counties, as well as NYC.

Call us today at (516) 765-5566 or contact us online to schedule your free consultation and let us help you get the legal support you need.