Driving under the influence (DUI) or driving while intoxicated (DWI) is a crime with severe consequences in Brentwood, Long Island. If you have been charged with a DUI/DWI offense, hiring a seasoned and knowledgeable attorney that can provide effective legal representation is essential.
Roche Law Group is an experienced criminal law firm handling DUI/DWI case matters. We’re dedicated to providing tailored strategies and personalized attention to each case handled in Brentwood. We understand the severity of these charges and will work tirelessly to protect your rights and interests throughout every stage of your case.
New York Laws on DUI/DWI
Under the New York State Vehicle and Traffic Law, driving a motor vehicle under alcohol influence is illegal. The legal threshold for blood alcohol content (BAC) is set at .08 in New York, but even if your BAC is lower than the limit, you can still face charges for driving while intoxicated.
Additionally, for individuals under 21, there is a zero-tolerance policy for driving under the influence of alcohol.
If you exhibit signs of intoxication while driving, you may be charged with either DUI (Driving Under the Influence) or DWI (Driving While Intoxicated).
Penalties for DUI/DWI Violations in Brentwood
New York Laws on DUI/DWI are complex, and penalties and convictions can be severe. Possible penalties include jail time, fines, license suspensions, ignition interlock devices, alcohol counseling and assessments, probation, community service, and increased insurance rates.
Penalties depend on the circumstances of the offense and the criminal history of the defendant.
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, non-commercial drivers with a .08 BAC level, 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: A misdemeanor offense, subject to not more than 180 days of jail time, a fine between $750 and $1500, and a minimum six 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 one-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 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 one-year 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 of 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.
Reasons to Hire a DUI/DWI Lawyer
DUI/DWI lawyers have an in-depth understanding of the local laws and penalties surrounding DUI/DWI offenses in Brentwood. A DUI/DWI attorney can provide valuable assistance to the defendant in the following ways:
- Developing effective strategies to avoid jail time or reduce charges
- Exploring alternative sentencing options
- Negotiating plea bargains or defending clients at trial
- Ensuring rights are not violated during arrest or detention
Get the Best Defense in Brentwood
At Roche Law Group, you can count on compassionate and aggressive representation for DUI/DWI charges in Brentwood, Long Island. Our attorneys will carefully review the facts of your case and provide honest advice regarding the best strategies for the most favorable outcome.
Contact us today or complete the form below to schedule a free case evaluation.
