An arrest for driving while intoxicated (DWI) can be frightening and overwhelming. The consequences of a DWI conviction are severe. They can have lasting impacts on your life, so it is crucial to secure the services of a reliable DWI lawyer as soon as possible.
A skilled DWI lawyer in Commack knows the law, understands the legal process, and can help you make the best decisions for your case. They have expertise in DWI cases, are familiar with the prosecutors and judges handling your case, and know how to navigate the court system effectively.
The attorney should be dependable and accessible so that communication is a non-issue allowing you and your lawyer to build the most effect strategy together in lock-step.
Common DUI/DWI Charges and Laws
There are various charges related to DUI/DWI, depending on the circumstances of the case. If you’re in Commack, be aware of the most frequently charged DUI/DWI offenses:
- Driving While Intoxicated (DWI) T.L 1192.2 et.al or 1192.3: Operating a vehicle with a BAC higher than 0.08 or any other signs signaling intoxication is strictly prohibited. Commercial motor vehicle drivers must adhere to the BAC limit of 0.04 and remain free from inebriation indicators while behind the wheel.
- Aggravated Driving While Intoxicated (Aggravated DWI) 1192.2(2-a): Should an individual be caught operating a vehicle with a BAC reading of 0.18% or above, they will be charged with Aggravated DWI. This signifies that the person was more than double the legal limit for BAC.
- Driving While Ability Impaired by Drug and or Alcohol – 1192.4(a): Driving while under the influence of drugs or alcohol.
- Driving While Ability Impaired by Drug – 1192.4 Driving under the influence of a drug.
- Driving While Impaired by Alcohol (DWI/Alcohol) V.T.L 1192.1: Intoxication, driving a motor vehicle while under the influence of alcohol and having a BAC between .05 and .07.
- Chemical Test Refusal: After an arrest, a motorist must submit to a chemical test to determine their BAC. A motorist who refuses to participate in a chemical analysis, may have their license automatically suspend for the period of a year. The Chemical Test is administered by the arresting agency, usually at a Police Precinct or Barracks of the State Police. The Chemical test is in the form of a sample of the following: breath, blood, or urine testing.
- Zero Tolerance Law: The Zero Tolerance Law strictly prohibits any motorist under 21 years of age from having a blood alcohol concentration between .02 and .07, which is deemed illegal.
Penalties for DUI/DWI Violations in Commack
In New York, convictions of DUI and DWI come with varying levels of severity that depend on the offense itself and any previous criminal activity by the defendant. The consequence is specifically tailored to each individual case.
Driving While Intoxicated (DWI) V.T.L 1192.2 et.al or 1192.3
Commercial drivers who record a BAC of .04 or higher, non-commercial motorists with a blood alcohol content level of .08 or more, and drug-impaired operators all face the same consequences.
- First Offense: Up to one year in jail, a $500 to $1,000 fine, and six months license revocation.
- Second Offense: If a DWI charge was incurred in the past ten (10) years, punishments could include up to four years in jail, a fine between $1,000 and $5,000 dollars, and revocation of one’s license for at least a year.
- Third Offense: Seven years in jail, a $2,000 to $10,000 penalty, and a minimum one-year license revocation if charged within the past ten (10) years.
*Commercial Drivers are subject to enhanced penalties*
Driving While Impaired by Alcohol- V.T.L 1192.1
The defendant’s Blood Alcohol Content (BAC) was found to be between .05 and .07, a clear indication that their ability to drive had been significantly hindered by alcohol.
- First Offense: Maximum of 15 days of jail time, a $300 to $500 fine, and at least 90 days of license revocation.
- Second Offense: Maximum of 30 days of jail time, a $500 to $750 fine, and a minimum of one-year license revocation if charges within the past ten (10) years.
- Third Offense: This is a misdemeanor offense, subject to not more than 180 days of jail time, a fine between $750 and $1500, and a minimum of six (6) months of license revocation if charged within the past ten (10) years.
* Commercial Drivers are subject to enhanced penalties*
Driving While Ability Impaired by a Single Drug Other Than Alcohol V.T.L 1192.4
- First Offense: 364 days in jail, a $500 to $1000 fine, and a 180-day license revocation.
- Second Offense: Four years in jail, a $1,000 to $5,000 fine, and a minimum of 1 year of license revocation if charged within the last ten (10) years.
- Third Offense: Seven years in jail, a $2,000 to $10,000 fine, and a minimum of one-year license revocation if charged within the last ten (10) years.
Driving While Ability Impaired by Both Drugs and Alcohol V.T.L 1192.4A
- First Offense: One year in jail, a $500 to $700 fine, and six-month license revocation
- Second Offense: Four years in jail, a $1,000 to $5,000 fine, and a minimum of six months of license revocation if charged within the last ten (10) years.
- Third Offense: Seven years in jail, a $2,000 to $10,000 fine, and a minimum of one-year license revocation if charged within the last ten (10) years.
Aggravated Driving While Intoxicated in Violation of V.T.L. 1192.2A
The defendant has a high level of intoxication, which is more than twice the legal limit at .18, compared to a maximum standard of .08.
- First Offense: If convicted, will be a misdemeanor; Up to one year in jail, a fine between $1,000 and $2500, and one (1) year suspension of license.
- Second Offense: Up to four years in jail, a $1,000 to $5,000 fine, and a minimum of one-year license revocation if a DWI charge was incurred within the past ten (10) years.
- Third Offense: Seven years in jail, a $2,000 to $10,000 penalty, and a minimum one-year license revocation if charged within the past ten (10) years.
*Commercial Drivers are subject to enhanced penalties*
Note: All V.T.L. § 1192. Convictions, except §1192.1, require the installation of an Ignition Interlock Device for a definite period of time as mandated by law.
Why You Should Hire A DUI/DWI Lawyer
Some people may think they can handle their DWI case independently or rely on someone to represent them without specific DWI defense experience. However, this can be a mistake that could cost you more than just money. Here are five reasons why it’s essential to hire an experienced DWI lawyer:
- Understanding of the Law: They will help you identify legal issues and build effective defenses for your case.
- Legal Expertise: A trusted lawyer is familiar with the court system and knows how to navigate it effectively. They can help you select the best plea options, negotiate with prosecutors and protect your rights in court proceedings.
- Experience with Police Procedures: They are aware of any potential violations of police protocol or procedure and can help you understand the evidence against you and any legal arguments that can be made.
- Insight on Your Case: They have the experience to examine your case and provide valuable advice on moving forward or negotiating a plea deal if needed.
- Reasonable Fees: It is essential to hire an experienced DWI lawyer who can provide quality services, reasonable pricing, and payment plans.
Work with a Skilled DUI Lawyer Today
Hiring an experienced DUI lawyer in Commack is an important decision that could impact your future. Make sure you hire someone with the expertise and commitment to help you at every step of your case.
When fighting a DUI/DWI charge, an attorney can give you the best chance at success. Contact Roche Law Group today and get the legal assistance you need.
