Driving under the influence (DUI) or driving while intoxicated (DWI) charges are serious legal matters. If you are facing a DUI/DWI charge, you need an experienced and dependable legal team to protect your rights.
Roche Law Group has knowledgeable and proactive DUI/DWI lawyers in Bay Shore, Long Island, NY who will defend you against driving under the influence charges. Our expertise of New York’s DUI laws allows us to evaluate every aspect of your case and build a defense strategy that is tailored to your specific situation.
New York Laws on DUI/DWI
New York State Vehicle and Traffic Law prohibits driving a motor vehicle while under the influence of alcohol, with .08 representing the legal limit for blood alcohol content. Drivers who are 21 or younger must observe a zero-alcohol tolerance policy when operating their vehicles.
Drivers can still get charged due to exhibiting indicia of intoxication, including slurred speech, unsteady footing when walking, and/or blood shoot eyes.
Penalties for DUI/DWI Violations in Bay Shore
New York has serious penalties on DUI/DWI convictions which vary depending on the severity of the offense and the individual’s criminal history.
Driving While Intoxicated (DWI) V.T.L 1192.2 et.al or 1192.3
Applicable to commercial drivers caught with a BAC level of .04 and beyond and non-commercial drivers with a .08 BAC level or higher, and drug-impaired drivers.
- First Offense: Up to one year in jail, a $500 to $1,000 fine, and six months license revocation.
- 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 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 10 years.
- * Commercial Drivers are subject to enhanced penalties*.
Driving While Impaired by Alcohol- V.T.L 1192.1
The defendant’s BAC level is between .05 and .07, or their driving ability was impaired 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 10 years.
- Third Offense: Is a misdemeanor offense, subject to not more than180 days of jail time; a fine between $750 and $1500 and a minimum 6 months license revocation, if charged within the past 10 years.
- * Commercial Drivers are subject to enhanced penalties*.
Aggravated Driving While Intoxicated V.T.L. 1192.2A
The defendant’s BAC level is at .18 or higher.
- First Offense: If convicted, will be a misdemeanor; Up to one year in jail, a fine between $1,000 and $2500 and 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 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 10 years.
- *Commercial Drivers are subject to enhanced penalties*.
Note: All V.T.L. § 1192. Convictions, except §1192.1, will require the installation of an Ignition Interlock Device for a definite period of time as mandated by law.
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 1year license revocation if charged within the last 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 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 license revocation if charged within the last 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 10 years.
Why You Should Hire a DUI/DWI Lawyer?
Without an expert DWI lawyer, defendants could be leaving themselves open to serious legal
consequences. It’s vital that they seek representation by a professional with specific defense experience in this area. Here’s why:
- Understanding of the Law: They know the ins and outs of DUI/DWI cases in Bay Shore and can help you build the right defense.
- Legal Expertise: A trusted lawyer can be your legal navigator, helping you confidently select the best plea options while negotiating with prosecutors and guarding your rights in court.
- Experience with Police Procedures: Our skilled legal team is prepared to challenge any police protocol or procedure violations. We can provide invaluable insight into the evidence and explore potential arguments that could weaken your case, allowing us maximum opportunities for success in court.
Get Aggressive Representation in Bay Shore
If you are facing DUI/DWI charges in Bay Shore, Long Island, don’t face it alone! We understand how overwhelming it can be to face criminal charges—especially when they carry such steep penalties. You can count on us for knowledgeable advice and diligent representation that puts your best interests first.
Contact us today or fill out the form below to schedule a free case evaluation.
