When you are facing charges for a DUI or DWI, it is important to find an experienced and reliable lawyer who can help you through the legal process.
A good DUI lawyer in Huntington will know the relevant laws and be experienced in successfully representing clients charged with these offenses.
They should be able to provide sound advice on the best course of action for your particular case, taking into account all available evidence and any mitigating circumstances that may be present.
With their help, you may avoid severe penalties such as jail time or license suspension. Finding a quality attorney can make all the difference in how the court system handles your case.
DUI/DWI Related Laws and Charges
Depending on the severity of your charges, you could face hefty fines, jail time, and even a permanent criminal record. Therefore, having an experienced and knowledgeable attorney on your side is essential.
Some of the most commonly charged DUI/DWI-related offenses in Huntington are:
- Driving While Intoxicated (DWI) T.L 1192.2 et.al or 1192.3: It is illegal for commercial motor vehicle drivers to operate their vehicles with a Blood Alcohol Concentration (BAC) higher than 0.04 or if there are any other visible signs indicating they may be under the influence of alcohol. For all non-commercial motor vehicles, the legal BAC limit is 0.08. Driving over this threshold can result in severe penalties and fines.
- Aggravated Driving While Intoxicated (Aggravated DWI) 2(2-a): If a driver is found to be operating their vehicle with a blood alcohol content (BAC) of 0.18 percent or higher, they will face the charge of Aggravated DWI – indicating that the individual was more than twice over 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: A driver who declines to submit to a chemical test, typically via breath, blood, or urine sample. 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: It is illegal for any motorist under the age of 21 to have a blood alcohol level between .02 and .07, as this falls within the parameters of the Zero Tolerance Law.
Penalties for DUI/DWI Violations in Huntington
In New York, DUI and DWI charges come with varying degrees of severity, determining the specific penalty. The exact consequence is based on the offense itself and any prior criminal history of the defendant.
Driving While Intoxicated (DWI) V.T.L 1192.2 et.al or 1192.3
Commercial drivers who register a blood alcohol content (BAC) of .04 or higher, non-commercial drivers with a BAC level of .08 or more, and drug-impaired motorists are all subject to the same penalties.
- 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 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*
Driving While Impaired by Alcohol- V.T.L 1192.1
The defendant’s Blood Alcohol Content (BAC) was tested to be between .05 and .07, suggesting their driving capabilities were substantially 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 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’s blood alcohol content is significantly greater than the legal limit of .08, registering at an alarming .18.
- 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
Without an experienced DWI attorney, some individuals may think they can manage their case independently – but this misguided approach could have costly consequences. Keep reading to uncover the five reasons why hiring a professional lawyer is essential for your defense:
- Understanding of the Law: Skilled legal professionals will assist you in recognizing potential issues and strengthening your case with compelling defenses.
- Legal Expertise: When you need legal representation, it pays to get a seasoned lawyer familiar with the ins and outs of court proceedings. With extensive knowledge on selecting the best plea options, negotiating effectively with prosecutors and protecting your rights during trials, a trusted attorney can be an invaluable asset for any case.
- Experience with Police Procedures: They are fully aware of any potential violations within the police protocol or procedure and can provide you with an understanding of all evidence used against you and comprehensive legal arguments that could be made.
- Insight on Your Case: Their expertise enables them to thoroughly evaluate your situation and offer helpful insight into negotiating a plea deal or continuing with the case.
- Reasonable Fees: When selecting a DWI lawyer, it is vital to ensure that they possess the expertise and skill to offer you quality, cost-effective services with flexible payment plans.
Finding a Reliable DUI/DWI Lawyer in Huntington
If you have been charged with a DUI or DWI offense, it is important to act quickly and retain legal counsel. A reliable lawyer can protect your rights and help you navigate the criminal justice system.
At Roche Law Group, our attorneys have the experience to provide effective legal representation for those facing DUI/DWI charges in Long Island. Contact us today to discuss your case in more detail.
