Nassau County DWI
In the state of New York, driving while intoxicated is a misdemeanor offense, as set forth in Vehicle and Traffic Law section 1192.The law states that anyone who operates a motor vehicle under the influence of alcohol with a BAC of .08 or higher is guilty of a DWI. If convicted, a Nassau County DWI Lawyer from our team will explain that this offense is a serious matter, and carries possible jail time, large fines and the possible loss of your driver’s license. A DWI conviction is also marked on your permanent record. Further, there is no expungement of this conviction in New York, which means that this mark on your record cannot be removed. If you have been charged with this offense, contact the team and Stephen Bilkis & Associates, PLLC for legal support and guidance.
Our legal team has gathered some information regarding DWI charges for your convenience:Misdemeanor offenses
- 1192.1 Driving while ability impaired is not a crime, but a violation (DWAI .04-.07 BAC);
- 1192.2 Common Law-Assessment by police officer and testing for level of sobriety;
- 1192.3 Scientific Testing-Test may be by breathalyzer, blood or urine;
- 1192.4 Drugs-Deals with driving while under the influence of drugs, urine or blood test, statements of admission and observation
There are many factors that come into play when someone is driving while intoxicated. The amount of alcohol consumed and the time frame within which it is consumed is a factor. Also whether the person has eaten, their weight, and sex all influence blood alcohol levels. The general rule of thumb is that the average person can metabolize one drink per hour, though this varies depending in the individual.
Sentencing for this offense is as follows:
- 1192.1 Driving while ability impaired carries a 90 day license suspension, a fine of between $300 to $500, and 15 days in jail.
- 1192.2 Driving while intoxicated carries a maximum one year jail term, a fine of between $500 to $1,000 and a 6 month license suspension.
- 1192.3 Driving while intoxicated carries of a fine of $500 to $1,000, a maximum one year jail term and a 6 month driver’s license suspension.
- 1192.4 Driving while impaired by drugs carries fines between $500 to $1,000, a 6 month driver’s license suspension, and a one year maximum jail term.
In New York, the sentences associated with this offense will depend on whether you are convicted of a misdemeanor or a felony. If it is your first offense, the charge will most likely be a misdemeanor.
However if you have previously been convicted of a DWI within the past 10 years, you will be charged with a felony. If you are charged with a felony offense, the charge will be under VTL Section 1192.2 and will be classified as an “E” felony. The sentence will depend on the circumstances of your case, but can include jail time, a fine of between $1000 to $5,000 and 5 years probation. Your license will also be revoked, and you will be ordered to attending drinking/driver classes.
It is important to remember that not every charge will end up in court. With the assistance of our legal team, a plea bargain can often be arranged between defense counsel and the District Attorney. However it is important to contact us promptly after you have been charged so that important evidence can be collected and an aggressive defense strategy put into place.
Contact our firm for sound legal guidance and a free consultation at 1.800.NY.NY.LAW. Whether you have been charged with a driving while intoxicated or a DWAI, it is important to act promptly so that your legal interests are protected. We have office locations to serve you throughout New York, including locations in Manhattan, Queens, the Bronx, Brooklyn and Staten Island. We also have locations in Westchester County, and Nassau County and Suffolk County on Long Island.