Long Island DUI / DWI Lawyer

What Should I Do If I Get Arrested For a DWI in Suffolk County, New York?

If you are arrested for a DWI in Suffolk County or in Nassau County, you immediately need the assistance of an experienced Long Island criminal lawyer. Even if the criminal charges are your first offense, the consequences of a DWI conviction can be severe and last a lifetime. An experienced drunk driving attorney can guide you through the legal process and help ensure the best possible outcome for you.

If an accused drunk driver does not have an experienced criminal attorney representing them, they are essentially facing the legal system alone. Without a top DWI lawyer, the driver might even be convinced they have no choice other than to plead guilty to the charges and to receive the maximum sentence. However, there are other options. Criminal Attorney Jason Bassett boasts a long record of successful DWI case wins. Whether your case involves Driving While Intoxicated (Alcohol and/or Drug), Driving While Ability Impaired, or any DWI -related charge, your first call should be to an experienced criminal attorney. Your consultation is totally free and completely confidential. If you are in trouble, Jason is here to help. Call top-rated New York criminal attorney Jason Bassett for a free consultation today.

DWI Attorney and criminal defense lawyer Jason Bassett in a Suffolk County courtroom

During your free consultation, Jason will help you objectively evaluate the situation and explain the entire process. Next, he will identify your best legal options. All DWI cases are different. As a local Suffolk County attorney, Jason is familiar with the system and all the players. Using his decades of experience, Jason will fight hard to help you reach a satisfactory verdict, either that you are found not guilty, the charges are dismissed or reduced, or at the very least that any fines, suspensions, or other sentence is the minimum possible. Hiring a top defense attorney to represent you in a DWI case can mean the difference between the best possible outcome and a damaging criminal conviction carrying a stiff penalty. If you have been arrested call for a free, confidential consultation with Jason Bassett, Long Island’s top-rated DWI defense lawyer (631) 259-6060.

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.

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What is the difference between a DWI, DUI and a DWAI?

In New York, there are different charges and levels of driving while under the influence of alcohol or drugs, with penalties and fines varying with the level of the charge and conviction. While even a first offense for driving while intoxicated can involve serious consequences, charges and penalties can increase exponentially with increased blood alcohol concentration levels and for repeat offenders. 

Under New York state law, there are two types of drunk driving offenses. These are a DWI, or driving while intoxicated, and a DWAI, or driving while ability impaired. While the term DUI is commonly used, in New York, this is not a legal designation. 

In New York, our DWI statutes are generally divided into five different offenses, each based on the substance and level of driver’s impairment. These are:

While every case is different, there may be opportunities for a DWI charge to be reduced to a DWAI.

DWI Lawyer Explains: How Can A DWI or DUI Conviction Impact Your Life?

Before you consider the potential impact of a conviction for Driving While Intoxicated or any other drunk driving charge can have on your life, it is important to remember that being charged and being convicted are two very different things. Under the representation of top Suffolk County DWI Lawyer Jason Bassett, many defendants have been able to beat the charges and not suffered the consequences of a conviction. This is why it’s so important to contact experienced, local, Long Island DWI lawyers if you are facing a criminal felony or misdemeanor case.

However, if you do not seek the best available representation, the consequences of a Driving While Intoxicated/Driving Under the Influence conviction can ruin your life. Convictions can have both serious short-term and long-term consequences. The ramifications of a DWI can stay with an individual for 5 years, 10 years, or even for decades. Call to schedule a free consultation, 24 hours a day, 7 days a week –  (631) 259-6060.

DWI Lawyer Explains: Short-Term Consequences of a DWI Case Conviction in New York

Long-Term Consequences of a DWI Charge Conviction in New York

The consequences of a DWI conviction can affect your life years after you walk out the courthouse doors. Even after paying fines and fulfilling any immediate legal obligations to the Court, a conviction in Suffolk County can undermine your future opportunities, employment, as well as your personal and professional relationships. Hiring a top-rated Long Island DWI lawyer is a necessary first step towards protecting yourself, your family, and your future from the consequences of a criminal DWI or DUI conviction. Your consultation is free and completely confidential. Call now(631) 259-6060.

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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.

DWI Lawyer Explains: How Are DWI Charges Defined In The State Of New York?

Under the law, Driving While Intoxicated (“DWI”) is defined as: “operating a motor vehicle with a Blood Alcohol Content (BAC) of .08% to .17% or with other evidence of intoxication.” Aggravated Driving While Intoxicated (“Aggravated DWI”) is defined as driving with a BAC of .18% or higher. Aggravated Driving While Intoxicated with a Child (often referred to as “Leandra’s Law”) is committing a DWI offense while a child who is fifteen years of age or younger is a passenger. There is also Driving While Ability Impaired by Drugs (“DWAI-Drug” or “DUI”) and Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol (“DWAI-Combination”). These charges can either be misdemeanors (crimes punishable by up to a year in jail) or felonies (crimes punishable by more than a year in jail) depending upon a person’s history of drunk driving offenses. Driving While Ability Impaired by Alcohol (“DWAI-Alcohol”), which involves either driving with a BAC from .05% to .07% BAC or some other evidence of impairment, is not a criminal offense but only an infraction. For drivers under 21 years of age, there is the “Zero Tolerance Law” which bans driving even with a BAC as low as .02%.

Aggravated DWI in New York

A driver found operating a vehicle with a BAC of 0.18 percent or more may be charged and convicted of an Aggravated DWI in New York, even as a first-time offender.  While both a DWI and Aggravated DWI are considered misdemeanors with a maximum jail term of 364 days, an Aggravated DWI charge can carry additional penalties which includ:

In addition to fines, jail time, driver’s license actions, and other penalties, a driver who has been convicted of any DWI, including an Aggravated DWI, will be ordered to install an Ignition Interlock Device, or IID. This is a device that connects directly to the ignition system of a vehicle and measures the blood alcohol content of the potential driver, much the same as a breathalyzer. When the driver exhales into the device, and it registers a blood alcohol concentration of .025 or higher, the ignition will not turn the vehicle on.

He treated me with respect and did everything in his power to ensure I received my freedom. Excellent. He was able to do beyond what was desired and expected.

New York DWI & DUI Laws

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First Time DWI Driving Arrest in Suffolk County

If the arrest is a first-time offense, your lawyer can figure out if you qualify to participate in New York Impaired Driver Program. The Impaired Driver Program is a multimedia educational program that raises awareness among those charged with driving while intoxicated. Participants in the program are granted a conditional driver’s license, and if the program is successfully completed, your driver’s license may become fully restored. This is a popular program on Long Island, and experienced criminal lawyers are the best positioned to help you successfully argue for your placement in this program.

Felony Aggravated DWI in New York

Driving with an relatively high blood alcohol concentration, while still criminal charges, usually only result in misdemeanor charges. But in some cases, DWI charges rise to a Class E felony.  The most common of these felony charges result from when the intoxicated driver has previous convictions within the past ten years or when the impaired driver had a passenger under the age of sixteen.

DUI Defense for Repeat Offenders in Suffolk County and Nassau County, New York

Second, third, or even fourth DWI arrests are more damaging, and hiring an experienced New York DWI attorney is the best option. A qualified and experienced DWI lawyer Long Island can assist you in avoiding substantial jail time or excessive fines.

New York’s DWI/DUI penalties for repeat offenders are severe. A criminal defense attorney on Long Island can go over the evidence from your arrest and leverage any weaknesses they find the initial stop. They can also review how the evidence was collected, and spot any irregularities. Experienced long island defense lawyers, the law firm of Jason Bassett are here to help defend you even in the most difficult cases. For a free, confidential consultation with one of the best-rated New York criminal attorneys call now (631) 259-6060.

Previous Convictions

An individual can be charged with a Felony Aggravated DWI if they have committed more than one DWI offense within the last ten years. In comparison to most DWI charges, a conviction for Felony Aggravated DWI carries even harsher penalties, including:

What Happens at a Typical DWI Stop In Suffolk County or Nassau County?

There are typically two types of DWI stops in Nassau County, Suffolk County, and New York State. One type of DWI stop occurs after a police officer observes someone driving in a way that, in the opinion of that officer, indicates the possibility of intoxication. The driver may be speeding, stopping short, weaving in or out of traffic, going through red lights, or in some other way driving erratically. The other type of DWI stop can happen at what’s known as a “DWI Checkpoint.” At a checkpoint, police officers set up at a stationary location and stop drivers at what is supposed to be a standard interval in order to check the drivers for evidence of operating under the influence of alcohol or drugs.

In either case, a police officer will approach the vehicle and ask the driver to lower their window. The officer will then make observations of the person, typically looking to see if the individual has the odor of alcohol on their breath. They will try to observe if the person’s eyes appear to be glassy and bloodshot and whether they are slurring words. The officer may have the person step out of the car and observe if the driver is unsteady on their feet. Based on these observations, the officer may give the person what are known as “Field Sobriety Tests” which include physical coordination tests designed to test physical and mental impairment due to intoxication. Failure to perform these tests at a certain level can be considered indicative of possible intoxication.

Based on the performance on this test, the officer will often ask the individual to take a Roadside Breathalyzer test. This involves blowing into a small hand-held machine that measures Blood Alcohol Content (BAC). Roadside Breathalyzer tests are often used more to establish probable cause to arrest and in both Nassau County and Suffolk County, the results can not usually be used as evidence at trial. To schedule a free consultation with top-rated Suffolk County DUI DWI attorney Jason Bassett, call now (631) 259-6060.

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What Are The Penalties For A DWI Conviction In New York State?

The following are some of the penalties for a DWI Conviction in New York State:

VIOLATION
MANDATORY FINE
MAXIMUM JAIL TERM
DRIVER LICENSE ACTION
DWI or DWAI-Drug
$500 – $1,000
1 year
DWI: Revoked 6 mos
DWAI-Drugs: Suspended 6 mos
2nd DWI/DWAI-Drug 10 yrs
$1,000 – $5,000
4 years
Revoked: at least 1 year
3rd DWI/DWAI-Drug 10 yrs
$2,000 – $10,000
7 years
Revoked: at least 1 year
DWAI-Alcohol
$300 – $500
15 days
Suspended: 90 days
2nd DWAI-Alcohol 5 yrs
$500 – $750
30 days
Revoked: at least 6 mos
3rd (or +) DWAI-Alc. 10 yrs
$750 – $1,500
180 days
Revoked: at least 6 mos
DWAI-Combination
$500 – $1,000
1 year
Revoked: at least 6 mos
2nd DWAI-Combo 10 yrs
$1,000- $5,000
4 years
Revoked: at least 1 year
3rd DWAI-Combo 10 yrs
$2,000 – $10,000
7 years
Revoked: at least 1 year
Aggravated DWI
$1,000 – $2,500
1 year
Revoked at least 1 year
2nd Agg. DWI in 10 yrs
$1,000 – $5,000
4 years
Revoked at least 18 mos
3rd Agg. DWI in 10 yrs
$2,000 – $10,000
7 years
Revoked at least 18 mos
Zero Tolerance Law
$125 civil penalty
(None)
Suspended: 6 mos + $100 suspension fee
2nd Zero Tolerance Law
$125 civil penalty + reapplication fee
(None)
Revoked: 1 yr or until 21
Chemical Test Refusal
$500 civil penalty
(None)
Revoked: 1 yr
Chemical Test Refusal within 5 yrs of a previous DWI-related charge/Chemical Test Refusal
$750 civil penalty
(None)
Revoked: at least 18 mos.

Aggravated DWI With a Child in the Car (Leandra’s Law)

Leadra’s Law prohibits anyone from operating a vehicle under the influence of alcohol or drugs with a passenger that is fifteen years of age or younger. A violation of Leandra’s Law can result in a charge of Aggravated DWI, even if it is a first-time offense. Penalties for a DWI with a child in the car conviction can include:

Multiple convictions under DWI statutes, particularly serious ones, can result in permanent revocations of a driver’s license.

DWI Without a Chemical Test Result / Common Law Intoxication

Under New York statutes, someone with a BAC of at least 0.08 percent blood alcohol concentration can be charged with a DWI. But a driver may still be charged with a DWI even if they refused to submit to a breathalyzer or other chemical test. When a driver refuses to submit to a test, he or she may still be arrested, and prosecutors may still pursue common law intoxication charges. 

In the case of a common law intoxication charge, the prosecution will use other evidence from the scene of the arrest instead of blood alcohol concentration results. The evidence that is commonly used can include

If the driver is convicted of common law intoxication in New York, he or she may face up to 364 days in jail, a fine of up to $1,000, a minimum driver’s license revocation of six months, and a mandatory installation of an Ignition Interlock Device. 

In addition to these penalties, refusal of a chemical test can result in its own penalties, including:

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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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Free Consultation With Top-Rated DUI DWI Lawyers – Law Office of Jason Bassett – New York

If you are facing DWI charges, you don’t have to do this alone. Jason Bassett is a former prosecutor with many years of experience representing clients all over Long Island and in Nassau County. Call now to schedule a free consultation (631) 259-6060. Our related practice areas include: Suffolk County criminal lawyer, Suffolk county domestic violence lawyer. We serve all cities on Long Island in both Nasssau and Suffolk (631) 259-6060.