It’s no secret that Driving While Intoxicated (DWI) and Driving While your Ability is Impaired by Drugs (DWAI) in Nassau and Suffolk Counties are very serious charges. A person charged with DWI or DWAI on Long Island should immediately seek the assistance of an experienced Nassau/Suffolk County DWI/DWAI attorney as the impact of a DWI/DWAI conviction can result in a criminal record and effect many aspects of their everyday lives. A DWI conviction can result in license suspension, ignition interlock, vehicle forfeiture, fines, treatment programs, community service, probation and even jail.
Typically, people charged with DWI or DWAI on Long Island are under the impression that these charges are impossible to overcome because the prosecutor’s evidence, such as a breathalyzer result, blood test or even a refusal to submit to a chemical test, are too strong to refute. However, there are many methods by which procedures and evidence can be called into question by an experienced Long Island DWI/DWAI attorney including, but not limited to:
- Was there sufficient probable cause for the initial stop?
- Can the Prosecutor prove the person was operating the vehicle?
- Was there “justification” for operating the vehicle while the person was intoxicated or impaired?
- Did the Officer properly conduct the standard field sobriety tests?
- Did the Officer operate the Breathalyzer properly?
- Did the person have any medical/physical issues that can affect the chemical test results?
- Are there experts that can effectively challenge the BAC reading?
- Did the Officer follow the proper procedures and give proper warnings?
- Was the Breathalyzer working properly?
LONG ISLAND DWI DEFENSE ATTORNEY
Over the past 16 years, Michael Elbert has personally handled hundreds of misdemeanor and felony DWI cases as a defense attorney on Long Island and as a former NYC prosecutor. He has the skill, reputation and familiarity with the local prosecutors and judges necessary to obtain the best possible results for his clients. Michael has been nationally ranked among the top 100 DWI attorneys by the National Advocacy for DUI Defense and is rated as a “Superb DWI Attorney” by Avvo.com. If you or a loved one has been charged with DWI on Long Island, call The Elbert Law Firm today for a free consultation. We will assess your case and your individual circumstances, explain your options and propose a strategy to obtain the best results possible.
FELONY DWI CHARGES ON LONG ISLAND
If a person is charged with a second, or more, Driving While Intoxicated offense within ten years of being convicted of a misdemeanor DWI, it can, and in Nassau and Suffolk Counties most likely will, be prosecuted as a felony. Additionally, in 2009, New York State enacted Leandra’s Law which makes a DWI an automatic felony (despite a person having no prior convictions) if there is a passenger in the vehicle that is age 15 or under. If a person is convicted of a felony DWI, they can be facing time in state prison. Do not face a felony DWI charge without the assistance of an experienced Long Island DWI attorney.
DRIVING WHILE ABILITY IMPAIRED BY DRUGS ON LONG ISLAND
Driving while ability impaired by illegal or legal drugs can result in DWAI charges. A person can be convicted of a DWAI even if the consumption of a legally prescribed drug, such as allergy or pain medication results in impairment at the time the motor vehicle is being operated. The penalties for DWAI can include, but are not limited to: fines, community service, treatment programs, probation, jail and a license suspension. As such, it is important to have an experienced DWAI attorney that regularly appears in Nassau or Suffolk County Criminal Courts.
PENALTIES FOR DRIVING WHILE INTOXICATED ON LONG ISLAND
The penalties for Driving While Intoxicated the Nassau County and Suffolk County criminal courts are severe and can impact many aspects of a person’s life. Long Island DWI penalties can include license revocation, ignition interlock, vehicle forfeiture, fines, community service, substance abuse programs, probation and jail. Do not face these consequences without an experienced Long Island DWI attorney by your side.
DWI REFUSAL HEARINGS ON LONG ISLAND
If you refuse a Police Officer’s lawful request for you to submit to a chemical test to determine your blood alcohol content following an arrest for DWI in Nassau or Suffolk Counties, your license to operate a motor vehicle in New York can be revoked. However, the law provides that a Defendant is entitled to a refusal hearing before your license can be revoked by DMV. A refusal hearing will be scheduled by the Judge at the arraignment. If your license to drive is revoked due to a refusal to submit to a chemical test, you will not be eligible for a conditional license while the Long Island DWI case is pending. It is imperative that you have an experienced Long Island DWI attorney to represent you at these proceedings.
CONDITIONAL LICENSE IN LONG ISLAND DWI/DWAI CASES
After the arraignment in your Long Island DWI case, the Department of Motor Vehicles may issue a conditional license under the appropriate circumstances. The conditional license allows you to drive for specific reasons and to specific places such as work, school, medical appointments and child care. A conditional license will also allow you to drive during a specifically designated three hour period once a week for any legal purpose.
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