If you’ve been arrested for DWI in Suffolk County, you’re facing serious consequences. New York law imposes license suspension, heavy fines, and possible jail time, even for first offenses. However, DWI charges can be challenged, reduced, or dismissed when the evidence is weak or when police procedures were improper.
At the Law Offices of Jason Bassett, P.C., Suffolk County DWI defense attorney Jason Bassett has defended DWI cases on Long Island. As a former Assistant District Attorney, he knows how prosecutors build their cases and where defenses exist. According to the New York State DMV, over 30,000 DWI arrests occur annually in New York, with thousands in Suffolk County alone.
This guide explains the penalties you face for DWI in New York, the defenses available to challenge your charges, and the critical 15-day deadline for requesting a DMV hearing. If you’ve been arrested, time is critical. Call the Law Offices of Jason Bassett, P.C. at (631) 259-6060 for a free consultation.
President of the Suffolk County Criminal Bar Association - 2024-2025
Mr. Bassett was amazing from the first meeting. I immediately felt relief knowing that I was in good hands. Mr. Bassett went through the process step by step to ensure that there would be no surprises at any point. My case was defended in the most experienced and professional manner. Mr. Bassett made me feel as if he could solve many problems and if my loved ones were in need, he would be the only choice for them.
New York recognizes several drunk driving offenses based on your blood alcohol content (BAC) and the circumstances of your arrest. Understanding which charge you’re facing helps you know what penalties you could receive and what defenses might apply to your case.
Key Takeaway: New York recognizes three main drunk driving offenses based on your blood alcohol content and the substance involved. DWI applies at 0.08% BAC or higher, while Aggravated DWI applies at 0.18% or when a child is in the vehicle. DWAI is a lesser charge for impairment below the DWI threshold.
The penalties for DWI in New York depend on whether this is your first offense, your BAC level, and whether anyone was injured. Even a first-time DWI can result in jail time, substantial fines, and loss of your driving privileges. Repeat offenses carry significantly harsher penalties and can result in felony charges.
A first DWI conviction under New York Vehicle and Traffic Law § 1192 is a misdemeanor. If convicted, you face up to one year in jail, fines ranging from $500 to $1,000, and a minimum license revocation of six months. The court will also require you to install an ignition interlock device (IID) on any vehicle you own or operate. This device requires you to provide a breath sample before the engine will start.
You’ll also be required to attend the Impaired Driver Program, a state-approved education and treatment program. Most first-time offenders receive probation for up to three years instead of jail time, but the judge has discretion to impose incarceration based on the circumstances of your case.
A second DWI conviction within 10 years is a felony in New York. The penalties increase substantially: fines range from $1,000 to $5,000, and you face up to four years in prison. Your license will be revoked for at least one year, and the revocation period can be longer depending on your BAC and prior record.
A third DWI conviction within 10 years results in fines up to $10,000 and up to seven years in prison. Your license will be revoked for at least one year, though lifetime revocation is possible for repeat offenders.
Aggravated DWI carries enhanced penalties even for a first offense. You face fines ranging from $1,000 to $2,500, up to one year in jail, and a minimum one-year license revocation. A second Aggravated DWI within 10 years can result in up to four years in prison and an 18-month license revocation.
The table below shows the mandatory penalties for DWI convictions in New York:
| Violation | Mandatory Fine | Maximum Jail Term | Driver License Action |
|---|---|---|---|
| DWI or DWAI-Drug (1st offense) | $500–$1,000 | 1 year | Revoked 6 months minimum |
| DWI (2nd offense within 10 years) | $1,000–$5,000 | 4 years | Revoked at least 1 year |
| DWI (3rd offense within 10 years) | $2,000–$10,000 | 7 years | Revoked at least 1 year |
| Aggravated DWI (1st offense) | $1,000–$2,500 | 1 year | Revoked at least 1 year |
| Aggravated DWI (2nd within 10 years) | $1,000–$5,000 | 4 years | Revoked at least 18 months |
| DWAI-Alcohol (1st offense) | $300–$500 | 15 days | Suspended 90 days |
Key Takeaway: A first DWI in New York is punishable by up to one year in jail, fines up to $1,000, and a minimum six-month license revocation. Second and third offenses within 10 years result in felony charges with significantly harsher penalties, including up to seven years in prison and permanent license consequences.
If you’re facing DWI penalties in Suffolk County, Jason Bassett can review your charges and explore defense options. Call (631) 259-6060 for a free consultation.
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Jason was attentive, respectful and made me feel like I made the right choice in hiring him as an attorney from the start.
Jason Bassett is the principal attorney at the Law Offices of Jason Bassett, P.C., with over 21 years of experience defending criminal cases in New York. He earned his Juris Doctor from Boston College Law School and is admitted to practice in New York State courts and federal courts, including the U.S. District Court for the Eastern and Southern Districts of New York. Mr. Bassett served as an Assistant District Attorney in the Queens County District Attorney’s Office, where he prosecuted hundreds of criminal cases. He later served as Principal Assistant County Attorney for Suffolk County and Special Assistant Attorney General in the New York Attorney General’s Office, Medicaid Fraud Control Unit. Mr. Bassett served as President of the Suffolk County Criminal Bar Association (2024-2025).
His approach to DWI defense combines his experience as a prosecutor with his commitment to protecting clients’ rights. Jason Bassett is a member of the National Association of Criminal Defense Lawyers, the New York State Association of Criminal Defense Lawyers, and the National College for DUI Defense. Clients value his direct communication, thorough case preparation, and aggressive courtroom advocacy.
A DWI arrest can involve both a criminal court case and DMV license consequences. Some DMV actions are tied to a chemical-test refusal (with a DMV refusal hearing), while others involve court-based license actions pending the criminal case. These proceedings are independent of each other, which means you can lose your license through the DMV even if you’re later found not guilty in criminal court.
If you refuse a chemical test, the court will temporarily suspend your license at arraignment, and you’re entitled to a DMV refusal hearing. If the DMV does not provide a refusal hearing within 15 days after arraignment, your driving privilege must be reinstated pending the hearing. Missing the scheduled hearing can be treated as a waiver, allowing revocation to be imposed.
At the DMV hearing, your attorney can cross-examine the arresting officer, challenge the reliability of the breathalyzer or blood test, and question whether the officer had proper grounds to stop your vehicle. The hearing officer will determine whether the suspension or revocation should be upheld. If the hearing officer rules against you, your license will be suspended or revoked for the period specified by law.
Even if your license is suspended pending the outcome of your criminal case, you may be eligible for a conditional license through the Impaired Driver Program. A conditional license allows you to drive to and from work, school, medical appointments, and the program itself. However, conditional licenses are not available in all circumstances, particularly if you refused a chemical test or if this is not your first offense.
For chemical-test refusal hearings in Suffolk County, the listed DMV hearing site is the DMV office in Hauppauge. Because the DMV hearing happens quickly, often within weeks of your arrest, you need an attorney who can prepare your defense immediately.
Key Takeaway: If you refuse a chemical test, you’re entitled to a DMV refusal hearing, and if the DMV does not provide the hearing within 15 days after arraignment, your license must be reinstated pending the hearing. The DMV process is separate from the criminal case.
Don’t miss the 15-day DMV hearing deadline. Call Jason Bassett at (631) 259-6060 immediately after your arrest to protect your driving privileges.
DWI stops in Suffolk County generally happen in one of two ways. The first occurs when an officer observes erratic driving, such as speeding, weaving between lanes, running a red light, or stopping abruptly, that suggests impairment. The second type is a DWI checkpoint, where police stop drivers at a predetermined location based on a pattern to check for signs of intoxication.
Regardless of how the stop occurs, the officer will approach your vehicle and ask you to roll down your window. The officer observes your appearance and behavior, looking for signs of impairment such as the odor of alcohol, bloodshot or glassy eyes, slurred speech, or difficulty following instructions. The officer may also watch how you move when you exit the vehicle, noting any unsteadiness or lack of coordination.
If the officer suspects you’re impaired, you may be asked to perform field sobriety tests (FSTs). These are physical tasks designed to test your balance, coordination, and ability to follow instructions. Common tests include the walk-and-turn test, the one-leg stand, and the horizontal gaze nystagmus test. Field sobriety tests are voluntary in New York, and you can refuse them without an automatic penalty, though refusal may lead to arrest if the officer has other reasons to suspect impairment.
After field sobriety tests, the officer may ask you to take a preliminary breath test using a handheld device at the roadside. In Suffolk County courts, roadside breathalyzer results are generally not admissible as evidence. However, these results help the officer decide whether to arrest you for DWI. If you’re arrested, you’ll be transported to the police precinct for a chemical test using a more sophisticated breathalyzer machine.
Key Takeaway: DWI stops in Suffolk County typically involve officer observations of your driving, physical appearance, and performance on field sobriety tests. Roadside breathalyzer results are generally not admissible in court, but they help officers decide whether to make an arrest.
New York’s implied consent law means that by driving on public roads, you’ve agreed to submit to a chemical test if arrested for DWI. If you refuse the test, you face automatic penalties through the DMV, separate from any criminal charges. These penalties apply even if you’re never convicted of DWI in criminal court.
A first-time refusal results in a minimum one-year license revocation and a $500 civil penalty. If you’ve had a prior DWI-related offense or refusal within the past five years, the penalties increase to an 18-month revocation and a $750 civil penalty. Commercial drivers face even longer disqualifications for refusal.
The DMV will schedule a refusal hearing to determine whether you refused the test and whether the refusal was warranted. Your attorney can challenge the refusal at this hearing by questioning whether the officer properly explained the consequences of refusal and whether you clearly refused the test. If the refusal is sustained, the license revocation and civil penalty will be imposed regardless of the outcome of your criminal case.
Refusing the breathalyzer test can also be used as evidence against you in your criminal DWI case. Prosecutors may argue that you refused because you knew you were intoxicated and didn’t want to create BAC evidence. However, refusal means the prosecution won’t have a specific BAC number to present to the jury, which can sometimes make it harder for them to prove their case.
Key Takeaway: Refusing a breathalyzer test in New York results in automatic license revocation for at least one year and a civil penalty of $500 to $750, separate from any criminal DWI charges. While refusal avoids creating BAC evidence, it can still be used against you in court.
Jason Bassett can represent you at the refusal hearing and challenge the evidence. Call (631) 259-6060 to discuss your case.
I spoke to Jason Bassett. He was ready and able to take my case. He gave me Thorough information. He is extremely professional efficient reliable and compassionate I will call him anytime he is a wonderful lawyer I highly recommend him.
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DWI charges can be challenged in multiple ways. The prosecution must prove every element of the offense beyond a reasonable doubt, and any weakness in their evidence can lead to reduced charges or dismissal. An experienced attorney examines the circumstances of your arrest to identify potential defenses.
The Fourth Amendment protects you from unreasonable searches and seizures. This means an officer must have reasonable suspicion that you violated a traffic law or were driving while impaired before pulling you over. If the officer stopped you without a valid reason, any evidence obtained after the stop, including breathalyzer results, may be suppressed.
Your attorney will review the police report and any dashcam or bodycam footage to determine whether the officer articulated specific facts justifying the stop. If the stop was improper, the court may dismiss your case entirely.
Breathalyzer machines must be properly calibrated and maintained to produce accurate results. New York law requires regular calibration checks, and the officer operating the machine must be certified. Your attorney can request maintenance and calibration records for the specific device used in your case. If these records show the machine wasn’t properly maintained, or the officer wasn’t properly certified, the breathalyzer results may be excluded from evidence.
Medical conditions can also affect breathalyzer accuracy. Gastroesophageal reflux disease (GERD), diabetes, and certain diets can cause mouth alcohol or produce substances that register as alcohol on a breath test. If you have a medical condition that could have affected your test results, this can be used to challenge the prosecution’s evidence.
Field sobriety tests are subjective and depend on the officer’s interpretation of your performance. Many factors unrelated to alcohol can affect your performance, including medical conditions, injuries, fatigue, nervousness, uneven pavement, poor weather conditions, and uncomfortable footwear. Your attorney can challenge whether the tests were administered according to National Highway Traffic Safety Administration standards and whether the officer properly accounted for these factors.
Suffolk County DWI lawyer Jason Bassett examines every aspect of your arrest to identify weaknesses in the prosecution’s case. As a former Assistant District Attorney, he understands how the Suffolk County District Attorney’s Office builds DWI cases and where defenses exist.
Key Takeaway: DWI charges can be challenged by questioning the legality of the traffic stop, the accuracy of breathalyzer and field sobriety tests, and the procedures followed by law enforcement. An experienced attorney examines police reports, calibration records, and video evidence to identify weaknesses in the prosecution’s case.
If you’ve been arrested for DWI in Suffolk County, Jason Bassett can analyze your case for potential defenses. Call (631) 259-6060 for a free case evaluation.
Beyond the immediate penalties of fines, jail time, and license suspension, a DWI conviction creates a permanent criminal record that can affect many aspects of your life. Understanding these long-term consequences helps you appreciate why it’s important to fight the charges.
A DWI conviction appears on criminal background checks, which means potential employers can see it when you apply for jobs. Some professions, including teaching, healthcare, commercial driving, and jobs requiring security clearances, may deny you employment or revoke your professional license after a DWI conviction. Even if your job doesn’t require a specific license, employers may view a DWI conviction as evidence of poor judgment.
Your auto insurance rates will increase substantially after a DWI conviction. Insurance companies may double or triple your premiums, and some insurers will drop your coverage entirely. You may face major premium increases or cancellation. If you seek reinstatement after a suspension/revocation, you’ll need to satisfy New York’s DMV reinstatement requirements and maintain proper coverage.
A DWI conviction can affect your ability to travel internationally. Some countries consider DWI a serious criminal offense and deny entry to travelers with DWI convictions. Other countries may also deny you entry or require special documentation.
If you hold a commercial driver’s license (CDL), a DWI conviction will result in disqualification for at least one year, even if the offense occurred in your personal vehicle. A second DWI results in lifetime CDL disqualification. For professionals who drive for a living, this effectively ends their career.
New York offers limited sealing options for DWI convictions. Under Criminal Procedure Law § 160.59, some convictions may be sealed after 10 years if you meet specific requirements and have no additional convictions. However, sealing is not automatic, and not all DWI convictions are eligible.
Key Takeaway: A DWI conviction creates a permanent criminal record that can affect employment, professional licenses, insurance rates, and international travel. Some professions, including commercial driving and healthcare, may result in license revocation. New York offers limited sealing options after a waiting period.
New York Vehicle and Traffic Law places restrictions on plea bargaining in DWI cases, but prosecutors retain discretion to reduce charges when the evidence is weak or other factors support a lesser charge. A reduction from DWI to DWAI (Driving While Ability Impaired) is the most common outcome when plea bargaining is successful.
A DWAI charge is a traffic infraction rather than a crime, which means it won’t appear on your criminal record. The penalties for DWAI are significantly lower than DWI: fines range from $300 to $500, jail time is limited to 15 days, and your license is suspended for 90 days rather than revoked. Because DWAI is not a crime, it won’t affect professional licenses or appear on background checks in the same way a DWI conviction would.
Several factors influence whether a prosecutor will agree to reduce your charges. If your BAC was barely above the legal limit, such as 0.09% or 0.10%, the prosecutor may view the case as borderline and be more willing to negotiate. If there are problems with the evidence, such as an improperly calibrated breathalyzer or a questionable traffic stop, the prosecution may prefer to resolve the case with a DWAI plea rather than risk losing at trial.
Your prior record also matters. First-time offenders with no criminal history are more likely to receive reduced charges than repeat offenders. If the arrest involved an accident, injuries, or a high BAC, the prosecutor is less likely to offer a reduction.
Jason Bassett negotiates with the Suffolk County District Attorney’s Office to seek reduced charges when appropriate. Because he served as a prosecutor earlier in his career, he understands what factors influence prosecutorial decision-making and how to present your case in the best possible light.
Key Takeaway: While New York law restricts DWI plea bargaining, prosecutors may reduce charges to DWAI (Driving While Ability Impaired) based on case weaknesses, low BAC results, or lack of prior offenses. A reduction to DWAI means a traffic infraction rather than a criminal conviction, with significantly lower penalties.
The Law Offices of Jason Bassett, P.C. represents clients facing DWI charges throughout Suffolk County and Long Island. Jason Bassett appears regularly in Suffolk County District Court, Suffolk County Court, and town courts throughout the area. He is familiar with local prosecutors, judges, and court procedures.
Suffolk County cities and towns we serve include:
Our office is located at 320 Carleton Avenue, Suite 4200, Central Islip, NY 11722, convenient to Suffolk County courts and DMV offices. We handle DWI cases throughout Long Island, including both Suffolk County and Nassau County.
A DWI arrest is overwhelming. You’re facing license suspension, fines, possible jail time, and a criminal record that can affect your job and your future. You need an attorney who understands Suffolk County courts and knows how to challenge DWI evidence.
Suffolk County DWI lawyer Jason Bassett has defended DWI cases on Long Island for over 21 years. As a former Assistant District Attorney, he knows how prosecutors build their cases, and how to challenge them. Jason Bassett represents clients in Suffolk County District Court, Suffolk County Court, and at DMV hearings throughout Long Island. He handles every aspect of your defense, from the initial arraignment to trial if necessary.
Call the Law Offices of Jason Bassett, P.C. at (631) 259-6060 for a free consultation. Our office in Central Islip serves clients throughout Suffolk County and Long Island.
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A first DWI conviction in New York is a misdemeanor punishable by up to one year in jail, fines ranging from $500 to $1,000, and a minimum six-month license revocation. You’ll also be required to install an ignition interlock device (IID) on any vehicle you operate and attend the Impaired Driver Program. Most first-time offenders receive probation instead of jail time, but the court has discretion to impose incarceration.
DWI (Driving While Intoxicated) applies when your BAC is 0.08% or higher and is a criminal offense. DWAI (Driving While Ability Impaired) applies when your BAC is between 0.05% and 0.07% and is a traffic infraction, not a crime. DWAI carries lower penalties: fines of $300 to $500, up to 15 days in jail, and a 90-day license suspension. Because DWAI is not a criminal conviction, it won’t appear on your criminal record the same way DWI does.
For a first DWI conviction, your license will be revoked for a minimum of six months. For a second DWI within 10 years, your license will be revoked for at least one year. For a third DWI within 10 years, the revocation is at least one year but can be extended or made permanent. If you’re convicted of Aggravated DWI, the minimum revocation is one year for a first offense and 18 months for a second offense.
Refusing a breathalyzer test results in automatic license revocation for at least one year and a civil penalty of $500. If you’ve had a prior DWI-related offense or refusal within five years, the revocation increases to 18 months and the fine to $750. These penalties are imposed by the DMV and are separate from any criminal penalties. Your refusal can also be used as evidence against you in your criminal DWI case.
If you refused a chemical test, you’re entitled to a DMV refusal hearing, and if the DMV does not provide the hearing within 15 days after arraignment, your license must be reinstated pending the hearing. This hearing is separate from your criminal case. If you miss this deadline, your license will be automatically suspended or revoked with no opportunity to contest it. At the hearing, your attorney can challenge the evidence and question the arresting officer.
Yes, you may be eligible for a conditional license if you enroll in the Impaired Driver Program. A conditional license allows you to drive to and from work, school, medical appointments, and program sessions. However, conditional licenses are not available if you refused the chemical test or if you have certain prior convictions. You must wait until your license is suspended or revoked before applying for a conditional license.
Aggravated DWI is a more serious charge that applies when your BAC is 0.18% or higher, or when you’re arrested for DWI with a child under 16 years old in the vehicle (Leandra’s Law). Aggravated DWI carries higher penalties than standard DWI: fines ranging from $1,000 to $2,500 for a first offense, up to one year in jail, and a minimum one-year license revocation.
Legal fees for DWI defense vary based on the complexity of your case, whether you go to trial, and the attorney’s experience. Many attorneys offer free initial consultations to discuss your case and provide a fee estimate. Some attorneys charge flat fees for DWI cases, while others bill hourly.
After a DWI arrest, contact an attorney immediately. You have only 15 days to request a DMV hearing. Do not make statements to the police beyond providing your identification. Write down everything you remember about the stop and arrest, including the time, location, what the officer said, and whether you were read your Miranda rights. Preserve any evidence, such as receipts showing where you were or witnesses who saw you. Do not discuss your case on social media.
For a first-time DWI, jail time is possible but not guaranteed. New York law allows up to one year in jail for a first DWI conviction, but many first-time offenders receive probation instead. Whether you serve jail time depends on factors such as your BAC level, whether there was an accident, your behavior during the arrest, and whether you have any prior criminal record. An experienced attorney can negotiate for alternatives to incarceration.
Leandra’s Law is a New York statute that makes it a felony to drive while intoxicated with a child under 16 years old in the vehicle. The law is named after 11-year-old Leandra Rosado, who died in a drunk driving crash. Under Leandra’s Law, anyone convicted of any DWI offense must install an ignition interlock device on any vehicle they own or operate.
Yes. Breathalyzer results can be challenged if the machine was not properly calibrated, the officer was not properly certified to operate it, or if you have a medical condition that could affect the results. Your attorney can request maintenance and calibration records for the specific device used in your case. Conditions like GERD, diabetes, and certain diets can cause falsely high readings on breath tests.
Sometimes. New York law restricts plea bargaining in DWI cases, but prosecutors have discretion to reduce charges when the evidence is weak, your BAC was barely above the legal limit, or you have no prior record. A reduction from DWI to DWAI is beneficial because DWAI is a traffic infraction rather than a crime, with significantly lower penalties and no criminal record.
Yes. A DWI conviction carries serious consequences, including jail time, substantial fines, license revocation, and a permanent criminal record. An experienced DWI attorney can challenge the evidence, negotiate with prosecutors, and protect your rights. Many DWI cases involve defenses based on improper police procedures, faulty breathalyzer results, or constitutional violations that only an attorney can identify and pursue.
Field sobriety tests are physical tasks police use to assess whether you’re impaired, such as the walk-and-turn test, one-leg stand, and horizontal gaze nystagmus test. These tests are subjective and can be affected by many factors unrelated to alcohol, including medical conditions, injuries, fatigue, nervousness, and poor road conditions. Field sobriety tests are voluntary in New York, you can refuse them without automatic penalty, though refusal may lead to arrest if the officer has other reasons to suspect impairment.
New York offers limited sealing options for DWI convictions. Under Criminal Procedure Law § 160.59, you may be eligible to have your conviction sealed after 10 years if you have no more than one misdemeanor conviction and no felony convictions, and you’ve had no criminal convictions within the 10-year waiting period. Sealing is not automatic; you must petition the court. Even if your conviction is sealed, it may still be visible to law enforcement and certain licensing boards.
An ignition interlock device (IID) is a breathalyzer installed in your vehicle that requires you to provide a breath sample before the engine will start. If the device detects alcohol, the car won’t start. The device also requires periodic “rolling retests” while you’re driving. Under Leandra’s Law, anyone convicted of DWI in New York must install an IID on any vehicle they own or operate. The device must remain installed for at least one year.
The legal BAC limit in New York is 0.08% for most drivers, 0.04% for commercial vehicle drivers, and 0.02% for drivers under age 21 (New York’s Zero Tolerance Law). If your BAC is 0.18% or higher, you’ll be charged with Aggravated DWI, which carries enhanced penalties.
