Driving is society’s most accessible and convenient mode of transportation, but with so many drivers on the road, maintaining safety is paramount. The distinction between safe and unsafe driving can be very narrow, especially when it comes to DWI-related charges and convictions. New York enforces strict DWI laws, and the repercussions of a conviction can result in life-changing penalties that may leave you feeling like there’s no way out. However, with the right legal support, you may have options to defend your case and protect your future.
If you are facing DWI charges, Long Island DUI/DWI defense lawyer Jason Bassett, from the Law Offices of Jason Bassett, P.C. can make a difference in the outcome of your case. With a deep understanding of DWI laws and extensive experience in the courtroom, Jason Bassett can assess your situation, build a strong defense, and work toward minimizing the impact of the charges. For a comprehensive DWI defense strategy, contact us today at (631) 259-6060 for a consultation and get the qualified legal support you need.
What If This Is My First DWI Offense on Long Island?
If this is your first offense with a DWI charge or conviction, it may help your defense, but it really depends on the entire situation and the level of intoxication. Once a DWI report is submitted, the offense goes into the hands of the District Attorney. The District Attorney is only able to make decisions based on the information given in the report. There are policies put in place that determine the severity of the charge, which is based on the results of the reported BAC.
For instance, in Nassau and Suffolk County, if BAC is between .05% and .07% it may not be considered a criminal offense but rather an infraction which could still involve consequences such as fines, license suspension, and in some cases even jail time. If BAC is between .08% and .17% the consequences are much more serious and could result in a misdemeanor or worse.
New York BAC Chemical Testing
Breathalyzers and BAC chemical tests are often used by law enforcement officers to seek a DWI conviction. These methods, however, are not conclusive evidence that a person was drunk driving, and they do not constitute an automatic conviction. The possibility of the arresting officers making a mistake in handling the situation is always present. An experienced Long Island criminal defense attorney may use these possible errors to defend someone who is facing a DWI charge in New York.
New York courts require that drivers who are arrested for drunk driving submit to a breath test to determine their BAC. This means that drivers who drive cars in New York state consent to having their system tested for alcohol.
Refusing to submit to testing after being pulled over could result in your driver’s license being revoked. There may also be other penalties, such as fines or suspension of their license. If the driver insists on their refusal of the test, they are entitled to request a DMV hearing. Having a skilled DWI lawyer when facing DWI charges can boost the driver’s chances of having a favorable outcome.
Long Island DWI Lawyer Jason Bassett
Jason Bassett, Esq.
Jason Bassett, Esq. is a seasoned Long Island DWI lawyer with over 21 years of legal experience defending clients against serious criminal charges in both state and federal courts. A former prosecutor, Mr. Bassett now uses his deep knowledge of the criminal justice system to protect the rights of individuals facing charges such as DWI/DUI, burglary, assault, and more.
Mr. Bassett is an active member of respected legal organizations, including the National College for DUI Defense, and brings a unique perspective from his prior roles as an Assistant District Attorney and Special Assistant Attorney General. For anyone facing a DWI on Long Island, Jason Bassett offers the experience, insight, and tenacity needed to fight for the strongest possible defense.
What Options Do I Have to Build a Defense Against My DWI?
There are many different ways to approach building a defense that could potentially reduce or drop the charges of a DWI on Long Island. Much of the evidence gathered for the offense is based on subjective tests. For example, if an arrest was made due to the results of a field sobriety test, that kind of evidence is based on the judgment of the arresting officer and could be contested. Another commonplace document where evidence can be found to build a defense is the arrest report. Legal technicalities in the report could work in favor of the defense.
Those are just some of the details that could begin to build a solid defense case against a DWI offense. It is always going to be the best-case scenario to work with an attorney experienced in DWI cases.
| Test Type / BAC Category | Legal Limit / Requirement | Consequences / Penalties |
|---|---|---|
| Adult Drivers – DWI | BAC ≥ 0.08% | DWI charge; fines, jail, license revocation depending on offense level |
| Under-21 Drivers – Zero Tolerance | BAC ≥ 0.02% | Fine (~$125) plus fees; license suspended for 6 months; higher penalties for repeat offenses |
| Aggravated DWI | BAC ≥ 0.18% | Increased fines ($1,000–$2,500), up to 1 year in jail, at least 1 year license revocation |
| Chemical Test Refusal | Refusal of breath, blood, or urine test | Civil penalty (~$500; $550 for commercial drivers); license revoked for at least 1 year (18 months for commercial drivers); possible use as evidence in court; DMV hearing required |
Common DWI Defense Strategies in New York
When facing a DWI charge in New York, it’s natural to wonder if there’s any hope of beating the case. While the consequences are serious, the law provides multiple avenues for challenging the prosecution’s claims. Below are some of the most common and effective defense strategies.
- Challenging the Legality of the Initial Traffic Stop: In New York, police cannot pull you over without “reasonable, articulable suspicion” that a traffic violation or crime has occurred. If an attorney can show that the stop was unjustified. For example, the officer acted on a hunch rather than specific facts. Any evidence obtained afterward, including breath or blood test results, can be suppressed. Without this evidence, the prosecution’s case may collapse.
- Contesting Sobriety and Chemical Test Evidence: The state’s case often rests heavily on test results, but these are far from infallible.
- Field Sobriety Tests (FSTs): These tests, such as the walk-and-turn or one-leg stand, are subjective and can be influenced by a driver’s physical condition, age, fatigue, footwear, or even poor lighting and uneven pavement. Mistakes in how the officer administers or scores these tests can lead to false signs of impairment.
- Chemical Tests (Breath & Blood): Breathalyzer machines require strict calibration and maintenance. Operator error, improper testing procedures, or contamination can render results unreliable. Blood tests must follow a rigid chain of custody and precise handling protocols; any deviation could result in the evidence being excluded.
- Advanced Legal and Scientific Defenses: Beyond questioning the stop or tests, attorneys may employ more sophisticated defenses. One example is the “rising blood alcohol level” argument. Alcohol takes time to absorb into the bloodstream, meaning your BAC could have been below the legal limit when you were driving but climbed higher by the time the test was conducted at the station. This can be especially relevant if there was a delay between the stop and testing.
Are DWI Lawyers Worth It?
Hiring a DWI lawyer in New York can significantly impact the outcome of both your civil and criminal proceedings. The consequences of a DWI conviction in New York can be severe, affecting not only your driving privileges but also your criminal record and overall future.
During civil proceedings, such as a DMV hearing that decides the fate of your driving license, a DWI attorney is invaluable. They can collect and present essential evidence that may not only help you retain your license but also lay a strong foundation for your defense in criminal court.
In criminal cases, a DWI attorney’s role expands to actively defending you in court. They negotiate with prosecutors to potentially reduce or dismiss your charges. Moreover, they can advocate for less severe penalties, such as community service or driving courses, instead of jail or prison time. This is especially critical if you have a prior record or if the charges are particularly severe.
The benefits of having a DWI lawyer by your side in New York are significant. They provide guidance through the nuances of both the legal frameworks and court proceedings, aiming to achieve the best possible outcome. Without legal representation, dealing with these challenges can be daunting and may lead to less favorable results. Therefore, investing in a competent DWI lawyer is generally considered worthwhile in New York.
Can a DWI Lawyer Guarantee That My Offense Will Be Dropped or Reduced?
Unfortunately, no. There is never ever any guarantee when it comes to a defense case, but that doesn’t necessarily have to mean that you are doomed. Your chances of achieving the best possible outcome for your case are much better when you have an experienced attorney working by your side.
Criminal Attorney, Jason Bassett, Is a Highly Regarded DWI/DUI Lawyer on Long Island
When facing a DWI charge, it’s crucial to conduct comprehensive research before selecting legal counsel. Every case is unique, and so are the needs of each client. At the Law Offices of Jason Bassett, P.C., experienced Long Island DUI/DWI defense lawyer Jason Bassett can help you understand the specifics of your situation and work towards the most favorable outcome. He can provide the legal assistance you need if you are facing DWI charges in New York. Contact us today at (631) 259-6060 to schedule a consultation.
The benefits of having a DWI lawyer by your side in New York are significant. They provide guidance through the nuances of both the legal frameworks and court proceedings, aiming to achieve the best possible outcome. Without legal representation, dealing with these challenges can be daunting and may lead to less favorable results. Therefore, investing in a competent DWI lawyer is generally considered worthwhile in New York.