SUFFOLK COUNTY DWI LAWYER

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What are the steps when charged with a DWI

In New York State, there are different charges and levels of driving while under the influence of alcohol oor drugs, with penalties and fines bearing with the nature of the charges and prior convictions and criminal history.

New York State law there are varying types of drunk driving offenses.

DWI or driving while intoxicated-the driver had a blood alcohol concentration or BAC of .08% or more.

Aggravated DWI-the driver had a BAC of .18% or higher.

DWAI-or driving while ability impaired-the driver had a blood alcohol concentration of between .05 and .07

DWAI-the driver was under the influence of a drug whether legal or prescribed that rendered the person's ability to drive impaired.

DWAI-the driver was under the influence of a combination of drugs and alcohol while operating a motor vehicle in a intoxicated condition.

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%.

Contact the Law office of Shawn Kassman if you are arrested for driving while intoxicated or driving while impaired.If you are charged with driving while intoxicated this means that either you took the breathalyzer after being pulled over for probable cause. If you took the breathalyzer and your reading was higher than .08 then you will be arrested for driving while intoxicated in New York State. If you refuse to breathalyzer you will also be arrested because there is a presumption that you are intoxicated when you refuse the breathalyzer after being pulled over for probable cause by law enforcement.

You can be charged with driving while intoxicated merely by having the motor vehicle running and be in the driver's seat. I often times represent individuals that are charged with driving long intoxicated even though they are not driving a motor vehicle and are pulled over on the side of the road or in a shopping Center with the car running and often times fall asleep.

What happens when I am pulled over:

1. First you are pulled over or questioned if there is probable cause. The police cannot just simply pull you over for no reason. Once you get past that then you are offered an opportunity to take the breathalyzer test as well as perform a field sobriety test at the scene where you are pulled over .
2. If you fail the field sobriety test and you below above .08 you will be arrested and charged with driving while intoxicated which is a misdemeanor in New York State.
3. If you are arrested by Suffolk County police officer you are brought to the precinct and given an opportunity to take the breathalyzer and the precinct which is a more accurate reading.
4. If you are pulled over by a state trooper you will get a summons to appear in court they do not arrest you other than bring it down to the facility and giving you the opportunity to take a breathalyzer test which is more accurate in the precinct.
5. Once you are brought to the precinct you will be processed and then brought to be arraigned in front of a New York State judge.
6. At the arraignment license will be suspended if you blow above a .08.
7. You will be given in another court date to come back to court. The charges will be read to you in the court and you will be presented with the charges.
8. After the arraignment you have an opportunity to Request a hardship license which is a temporary license that will allow you to drive to and from work during very specific hours.
9. If you shall be adjourned after you apply for a hardship license which you have to testify in a hearing that there is no other way to get to and from work and that you have looked into alternative transportation including but not limited to taxi, train, bus and must be established that those means of transportation are not available and not economically feasible.
10. The hardship license is a temporary license that enables you to only drive during very specific hours. Most judges will grant a hardship license as long as it is not a very high reading and there is no accident.
11. Either way whether you receive a hardship license after the arraignment you can go down to motor vehicle and apply for a conditional license which is a temporary license for motor vehicle that has less restrictions than a hardship license however this license takes a number of weeks to get for motor vehicle that is why a hardship license is temporarily granted by the court's as opposed to a conditional license which is granted by motor vehicle.

If you are charged with driving while intoxicated this is a misdemeanor New York State if this is your first offense often times we are able to work out a plea offer whereby an individual will have a reduction of the charges depending on the circumstances. The circumstances can be as follows:

• If there is a motor vehicle accident involving no other vehicle and this is your first offense and the reading is between .08 and .12 often times the motorist can get the charges reduced down to a violation after completing community service.

• If this is your first time getting a DWI and there is a motor vehicle accident with another car and there are no injuries and the breathalyzer reading is between .08 and .12 often times we can get the charges reduced to a violation driving while impaired which is a noncriminal offense.

• If there is a motor vehicle accident and there are injuries the District Attorney's Office is not inclined to offer a reduction of the charges even if this is your first offense and the reading is between .08 and .12. It would depend on the severity of the injuries to the other motorist.