Facing a DWI charge in Nassau County or anywhere on Long Island can have long-term and complex consequences. As a former Nassau County prosecutor and now a seasoned Long Island DUI defense attorney, The R.M.L. Law Firm is here to guide you through the complexities of Nassau County DUI consequences, breaking down what you need to know to protect your future. Whether it’s a first-time offense or not, understanding the stakes is crucial.

What a DUI Means in New York and How Nassau County DUI Consequences Differ

Most states call drunk driving offenses a DUI, which stands for Driving Under the Influence. But in New York, the legal system uses the term DWI, or Driving While Intoxicated. You can face a DWI charge if you’re caught driving with a Blood Alcohol Concentration (BAC) of 0.08% or higher.

Let’s say you go to a party in Long Island and have a few drinks. On the way home, police pull you over. If your BAC hits 0.08% or more, they can charge you with a DWI. But even if your BAC is below that threshold, you could still face a DWAI (Driving While Ability Impaired) if officers believe alcohol affected your ability to drive safely.

Breaking Down Nassau County DUI Charges and What They Could Mean for You

  • DWI (Driving While Intoxicated): This charge applies if your Blood Alcohol Concentration (BAC) is 0.08% or higher.
  • Aggravated DWI: If your BAC is 0.18% or more, you face even harsher penalties with this charge.
  • DWAI (Driving While Ability Impaired by Alcohol): This is for cases where your BAC is between 0.05% and 0.07%, indicating impaired ability due to alcohol.
  • DWAI-Drugs: If you are impaired by drugs, whether prescription or illegal, you can be charged with this.
  • DWAI-Combination: This charge applies if you are impaired by both alcohol and drugs.
  • Common Law DWI: Under this category, you can be charged with a DWI even without a specific BAC reading. For example, if you were driving erratically, the police might charge you based on your behavior and other observable signs of impairment.

How Alcohol Consumption Affects Your BAC and Nassau County DUI Outcomes

If you ever wondered how drinking can impact your BAC, here are several factors to consider:

  • Amount of Alcohol: More drinks mean a higher BAC. Imagine you’re at a Long Island bar and have three cocktails in an hour. Your BAC will go up more quickly than if you had spread those drinks out over a longer time.
  • Drinking Speed: Drinking quickly or on an empty stomach raises your BAC faster than drinking slowly or after a meal. For example, if you down two beers quickly, your BAC will spike more rapidly.
  • Body Weight and Size: Bigger people might have a lower BAC after drinking the same amount as someone smaller. A 200-pound person might not feel as impaired as a 120-pound person after the same number of drinks.
  • Food Intake: Drinking on an empty stomach makes your BAC rise faster. If you’re at a Long Island pub and haven’t eaten, your BAC will climb quicker than if you had a big meal before drinking.
  • Alcohol Content: Stronger drinks, like whiskey, affect your BAC more quickly. A shot of whiskey will raise your BAC faster than a beer.

Understanding BAC Absorption and Its Role in Nassau County DUI Consequences

Your BAC changes based on how your body absorbs alcohol. Here are some key factors:

  • Absorption Speed: Alcohol gets into your blood from your stomach and intestines. For example, if you have a glass of wine with dinner, your BAC will rise more slowly than if you had the same glass of wine on an empty stomach.
  • Metabolism Rate: Your body processes alcohol at a steady rate. Drinking more than your liver can handle in an hour will make your BAC go up quickly. For example, if you drink four beers in an hour, your BAC will rise faster than if you spread them out over several hours.
  • Hydration Level: Being well-hydrated can affect how alcohol impacts your BAC. Drinking alcohol when you’re dehydrated might lead to a faster rise in BAC compared to when you’re well-hydrated.

Nassau County DUI Consequences by Offense Level

Here’s a simple breakdown showing what you might face with different drunk driving charges:

First DWI (Driving While Intoxicated)

  • Fines: $500 – $1,000

  • License Suspension: 6 months

  • Jail Time: Up to 1 year in county jail

  • Probation: Up to 3 years

  • Ignition Interlock Device: Required for at least 6 months

Aggravated DWI (BAC of 0.18% or Higher)

  • Fines: $1,000 – $2,500

  • License Revocation: At least 1 year

  • Jail Time: Up to 1 year in county jail

  • Probation: Up to 3 years

  • Ignition Interlock Device: Required for at least 1 year

Second DWI (Within 10 Years – Usually a Felony)

  • Fines: $1,000 – $5,000

  • License Revocation: At least 1 year

  • Jail/Prison Time: Up to 4 years in state prison

  • Probation: Up to 5 years

  • Ignition Interlock Device: Required for at least 1 year

Third DWI (Within 10 Years – Felony)

  • Fines: $2,000 – $10,000

  • License Revocation: At least 18 months

  • Jail/Prison Time: Up to 7 years in state prison

  • Probation: Up to 5 years

  • Ignition Interlock Device: Required for at least 1 year

DWAI (Driving While Ability Impaired by Alcohol – BAC 0.05% to 0.07%)

  • Fines: $300 – $500

  • License Suspension: 90 days

  • Jail Time: Up to 15 days in county jail

  • Probation: Up to 1 year

  • Ignition Interlock Device: Not required

Evidence Used to Prove Guilt and Increase Nassau County DUI Consequences

If you’re facing a DWI charge, the prosecution will likely rely on the following evidence against you:

  • BAC Reading: The BAC reading from a breathalyzer or blood test. For example, if your BAC was 0.15% when tested, that’s strong evidence of intoxication.
  • Common Law Signs of Intoxication: Slurred speech, glassy eyes, and unsteadiness can be used to show intoxication. If the arresting officer noted these signs, it could be used against you.
  • Field Sobriety Test Results: Failing the field sobriety tests, like walking in a straight line or balancing on one leg, can be used as evidence of impairment. For example, if you struggled with these tests, the prosecution might use it against you.
  • Statements Made at the Scene: What you say to the police can be used against you. For instance, admitting you had been drinking or coming from a bar can be damaging.
  • Behavioral Observations: Your behavior during the stop, like being uncooperative or showing signs of intoxication, can be used as evidence.
  • Open Containers or Bottles: If police find open alcohol containers in your car, it can be used to show you were drinking and driving. We once had a client who had an open whiskey bottle in the car, which the prosecution used as evidence. However, we successfully argued that it was not related to the driving incident and belonged to a passenger.
  • Credit Card Statements: Police might check your credit card statements to see if you were at a bar before driving. They could even get bar receipts and video footage. For example, a client was caught because their credit card showed purchases at a bar shortly before the arrest.

Legal Defenses That May Reduce or Eliminate Nassau County DUI Consequences

If you’ve been charged with DWI, there are several proven strategies that can help reduce or even dismiss your charges. Read about the 7 best defenses to a DWI in New York to understand how an experienced attorney can challenge the case against you.

Here are some common defenses that a knowledgeable DWI criminal defense attorney can use to fight a DWI case:

  • Challenging BAC Evidence: If we can show that your BAC was not accurately tested or that the testing process was flawed, it could weaken the prosecution’s case. For example, if the breathalyzer was not calibrated correctly, the results might be inaccurate.
  • Questioning Field Sobriety Tests: If the field sobriety tests were not given correctly or under poor conditions, it might help prove you were not drunk. For instance, if you were tested on an uneven surface, we could argue that the results were not reliable.
  • Mistakes in Testing Procedures: If the police did not follow proper procedures for administering BAC tests, it can be used to challenge the results. For example, if the officer failed to follow the correct protocol for breathalyzer calibration, it might affect the test’s accuracy. Additionally, if the required 15-minute observation period was not properly completed or documented, it could lead to contaminated or unreliable results. Officers are trained to ensure that the subject does not eat, drink, burp, or place anything in their mouth during this period. Any deviation from this protocol could be grounds to question the validity of the entire test.
  • Reasonable Doubt: If there is any doubt about whether you were intoxicated, it might be enough to prevent a conviction. For instance, if we can show that your BAC was close to the legal limit, but the testing was done improperly, it might raise reasonable doubt.

DWI Case Win – Success Story from The R.M.L. Law Firm

Let me tell you about a recent case we handled at The R.M.L. Law Firm, PLLC. Our client was facing a serious DWI charge with a BAC of 0.14%. The prosecution had strong evidence, including breathalyzer results and video footage of our client at a bar with friends. However, we demonstrated that the breathalyzer was not properly maintained, and the video footage was inconclusive to show he had more than one drink.

By challenging the evidence and negotiating with the prosecution, we secured a reduction in charges, allowing our client to avoid a criminal conviction. This outcome saved our client from potential jail time and a criminal record, allowing them to move forward with their life.

How a Criminal Record from a DWI Affects Your Life 

For first-time offenders, avoiding a criminal conviction is crucial. A DWI conviction can have long-lasting impacts on your life. For example, a DWI conviction can affect your job prospects, lead to higher insurance rates, and harm your personal and professional reputation. Even a first-time conviction can result in a criminal record, affecting your ability to travel or secure certain licenses. By working with an experienced DWI defense attorney, you can fight to minimize these consequences and potentially avoid a criminal conviction altogether.

Get Help From a Trusted Long Island DUI Defense Lawyer

Don’t leave your future to chance. If you’re facing DWI charges in Nassau or Suffolk counties, you need a trusted Long Island DWI defense attorney on your side. As a former Nassau County prosecutor and experienced DWI defense attorney, I can help you navigate the legal system and work towards the best possible outcome. Contact The R.M.L. Law Firm, PLLC today to get the defense you need from a knowledgeable lawyer who understands the local courts and knows how to protect your rights. 

Call us at (516) 765-5566.