DWI Arrest on Long Island? How a DUI Lawyer Can Help Minimize Consequences
In New York, the legal term used for drunk driving is DWI, which stands for Driving While Intoxicated. Unlike many other states that use the term DUI (Driving Under the Influence), New York specifically refers to the offense as DWI. This charge applies when a person operates a motor vehicle while intoxicated by alcohol or impaired by drugs. In New York, you can be charged with DWI if your blood alcohol concentration (BAC) is 0.08% or higher, or if you are visibly intoxicated, regardless of your BAC. If you’ve been arrested on a drunk driving charge, you need a DUI lawyer who understands the high stakes: your ability to drive, your income, career, reputation, and even your freedom are in jeopardy.
New York has some of the toughest laws and penalties in the country for DWI/DUI offenses. These penalties can include heavy fines, license suspensions, mandatory ignition interlock devices, inpatient/outpatient treatment, and even prison. For multiple offenses or aggravated offenses, such as having a very high blood alcohol content (BAC), driving with child passengers, or causing injury or property damage, penalties become significantly more severe. However, an arrest for DWI/DUI is not the same as a conviction. With the right Nassau County criminal defense lawyer, and by using one or more of the 7 best defenses against DWIs it is possible to challenge these charges and reduce the impact on your life.
Understanding DWI/DUI Charges for Long Island Criminal Courts
New York law distinguishes between several types of alcohol and drug-related driving offenses, each with varying degrees of severity. Below is an overview of the most common DWI/DUI charges in New York:
Driving While Ability Impaired by Alcohol (DWAI/Alcohol)
VTL 1192.1 – Traffic Infraction (not a criminal offense)
In New York, driving while your ability is impaired by alcohol consumption is illegal. A DWAI charge is issued when alcohol affects your physical and mental abilities to any extent, making you unable to drive as a reasonable, prudent driver. Notably, no specific BAC level is needed to charge someone with DWAI. Instead, courts look at the totality of circumstances, including:
- Glassy or bloodshot eyes
- Unsteady balance or poor coordination
- Slurred speech
- Odor of alcohol on your breath or in your vehicle
- Erratic driving (swerving, traffic violations)
- Involvement in an accident
Potential Penalties for a First DWAI Offense:
- Up to 15 days in jail (30 days for a second offense within five years)
- Fines ranging from $300 to $500 ($500 to $750 for a second offense)
- 90-day driver’s license suspension (6-month revocation for a second offense)
- DMV Driver Responsibility Assessment Fee: $750 ($250 annually for three years)
- Alcohol or substance abuse treatment programs
- Victim Impact Program participation
- 11 points to driving record
Driving While Intoxicated (DWI/DUI) – Common Law
VTL 1192.3 – Misdemeanor (a criminal offense)
Driving in an intoxicated condition is more serious than DWAI. To be considered intoxicated under New York law, alcohol must cause you to be incapable, to a substantial extent, of using your physical and mental abilities to drive safely. Like DWAI, a DWI charge doesn’t require a specific BAC level and can be based on observations such as:
- Glassy eyes or disheveled appearance
- Unsteady balance or needing support to stand
- Slurred speech
- Odor of alcohol
- Reckless or erratic driving behavior
- Results of field sobriety tests
This charge is often applied when a driver refuses a breathalyzer, and the prosecution builds its case on the “common law” signs of intoxication observed by law enforcement.
Potential Penalties for a First DWI Offense:
- Up to 1 year in jail
- Up to 3 years of probation
- Fines between $500 and $1,000
- DMV Driver Responsibility Assessment Fee: $750
- License revocation for at least 6 months
- Installation of an Ignition Interlock Device
- Alcohol abuse assessment and mandatory treatment
- 11 points to driving record
Driving While Intoxicated (DWI/DUI) – Per Se (.08 BAC or higher)
VTL 1192.2 – Misdemeanor (a criminal offense)
This charge applies when you operate a vehicle with a BAC of .08 or higher. Unlike common law DWI, Per Se DWI relies solely on your BAC level. The offense often occurs when a driver takes a breathalyzer test, and the result shows a BAC of .08 or higher.
Factors Courts Consider in BAC Testing:
- Time elapsed between driving and testing (shorter intervals make stronger evidence)
- Reliability and qualifications of the officer administering the test
- Calibration of the breathalyzer or testing device
- Proper procedures followed during the test
Potential Penalties for a First Per Se DWI Offense:
- Up to 1 year in jail
- Probation for up to 3 years
- Fines ranging from $500 to $1,000
- License revocation for at least 6 months
- Installation of an Ignition Interlock Device
- DMV Driver Responsibility Assessment Fee: $750
- 11 points to driving record
Aggravated Driving While Intoxicated (Aggravated DWI) – Per Se (.18 BAC or higher)
VTL 1192.2-a(a) – Misdemeanor (a criminal offense)
Aggravated DWI is charged when a driver’s BAC is .18 or higher. This charge carries severe penalties due to the elevated risk of high BAC levels. Like Per Se DWI, the charge relies on chemical testing results, with no specific signs of impairment required.
Potential Penalties for a First Aggravated DWI Offense:
- Up to 1 year in jail
- Fines ranging from $1,000 to $2,500
- DMV Driver Responsibility Assessment Fee: $750
- License revocation for at least 1 year
- Installation of an Ignition Interlock Device
- 11 points to driving record
Driving While Ability Impaired by Drugs (DWAI-Drug)
VTL 1192.4 – Misdemeanor (a criminal offense)
DWAI-Drug involves operating a vehicle while impaired by a controlled substance. Courts will consider the similar factors used in alcohol-related charges but focus on signs of drug use, such as:
- Unusual physical condition (bloodshot eyes, dilated pupils)
- Presence of drug odor
- Erratic driving behavior
- Field sobriety test results
- Officer observations or expert testimony from a drug recognition expert
Potential Penalties for a First DWAI-Drug Offense:
- Up to 1 year in jail
- Fines between $500 and $1,000
- 6-month license revocation
- DMV Driver Responsibility Assessment Fee: $750
- Mandatory substance abuse treatment
- 11 points to driving record
Driving While Ability Impaired by the Combined Influence of Drugs and Alcohol
VTL 1192.4-a – Misdemeanor (a criminal offense)
This charge involves operating a vehicle while impaired by both drugs and alcohol. The court evaluates the cumulative effects of both substances to determine if you were incapable of safely operating a vehicle.
Potential Penalties for a First DWAI-Combination Offense:
- Up to 1 year in jail
- Fines ranging from $500 to $1,000
- License revocation for at least 6 months
- DMV Driver Responsibility Assessment Fee: $750
- 11 points to driving record
Take a look at our easy-to-follow guide to Long Island DWI consequences to understand how repeat offenses can lead to harsher penalties and life-altering consequences.
Frequently Asked Questions About DWI/DUI Charges in Nassau County and Across Long Island
What is the legal blood alcohol content (BAC) limit in New York?
In New York, the legal BAC limit for drivers aged 21 and older is 0.08%.
Can I refuse a breathalyzer or chemical test during a DWI stop?
Yes, you can refuse, but New York’s “implied consent” law means that by driving in the state, you agree to submit to a chemical test if law enforcement suspects you’re under the influence. Refusing can lead to an automatic driver’s license suspension for up to one year and fines, regardless of whether you’re ultimately convicted of DWI.
What are the penalties for a first-time DWI conviction in New York?
A first-time DWI offense in New York is a misdemeanor. Penalties may include:
- Fines ranging from $500 to $1,000
- Up to one year in jail
- A minimum license suspension of six months
- Mandatory alcohol education programs and possible community service
What happens if I get a second or third DWI offense?
Penalties increase for repeat offenses. A second DWI within ten years is a felony, punishable by:
- Fines between $1,000 and $5,000
- Up to four years in prison
- A license revocation of at least one year
- A third offense can result in even harsher penalties, including up to seven years in prison and fines as high as $10,000.
Can I fight a DWI charge in court?
Yes, you can fight DWI charges. An experienced Nassau County DUI lawyer can challenge aspects like the accuracy of breathalyzer results, the legality of the traffic stop, or whether proper procedures were followed. Each case is unique, so having a strong defense strategy is crucial.
What are the consequences of driving under the influence of drugs?
Driving under the influence of drugs is treated similarly to driving under the influence of alcohol. If drugs impair your driving, you can face DWI charges with penalties such as fines, jail time, and a suspended license.
Will I need to install an ignition interlock device after a DWI conviction?
Yes, New York requires anyone convicted of DWI to install an ignition interlock device (IID) in their vehicle for at least six months. This device requires you to pass a breath test before your vehicle will start.
What is a DWAI, and how is it different from a DWI?
DWAI (Driving While Ability Impaired) is a less severe charge than DWI but still carries serious consequences. It applies when a driver’s BAC is between 0.05% and 0.07%, or when an officer deems the driver impaired by alcohol. DWAI has lighter penalties compared to DWI but can still result in fines, license suspension, and a criminal record.
Can I get my DWI charge reduced or dismissed?
It’s possible to have a DWI charge reduced to a DWAI or even dismissed in some cases. An experienced Long Island DUI lawyer can challenge the evidence, traffic stop procedures, or testing methods, which may lead to a reduction or dismissal depending on the circumstances.
How does a DWI affect my insurance?
A DWI conviction typically results in much higher insurance premiums. Insurance companies often label drivers with a DWI as high-risk, leading to significant rate increases or potential cancellation of coverage.
Can I get a conditional license after a DWI conviction?
Yes, in some cases, you may qualify for a conditional license. This allows driving for specific purposes, like work or medical appointments. It helps you fulfill essential obligations while your full license is suspended.
Can my car be taken from me as part of asset forfeiture after a DWI?
Yes, in some DWI cases, your vehicle can be seized through asset forfeiture. The government can take ownership if used in the offense. However, our DUI lawyer may assist in getting the vehicle back through negotiations or legal challenges.
Has your DUI lawyer had success in defending DWI cases?
Yes, our DUI lawyer has successfully defended numerous clients facing drunk driving charges. We carefully analyze every detail of each case, including police procedures, breathalyzer tests, and field sobriety tests, to build strong defenses. Our experience handling DWI cases in Nassau County, Long Island, Queens, and NYC has led to favorable outcomes, including case dismissals, reduced charges, and minimized penalties.
Contact a Long Island DUI Lawyer Today
With a background as a former Long Island DWI/DUI prosecutor, DUI lawyer Ramy Mikhail Louis understands how the Nassau County or Suffolk County DAs will build their case and can leverage that knowledge to mount an aggressive defense. Whether you’re facing a first-time charge or a repeat offense, our firm will work tirelessly to challenge evidence, negotiate plea deals, and pursue the best outcome for your case. We serve clients throughout Nassau County and Long Island, offering personalized and effective DWI/DUI defense.
If you’ve been charged with a DWI/DUI on Long Island, contact The R.M.L. Law Firm, PLLC today for a free, confidential consultation. We are ready to protect your rights and help you through this challenging time.
