Fight Long Island DWI Charges With A Former Prosecutor
Drivers of all backgrounds could find themselves facing serious driving while intoxicated (DWI) charges. Intoxicated driving is a relatively common violation in Suffolk County and Nassau County. However, the penalties can still be severe.
The Law Office of Bryan E. Cameron will take your side no matter the circumstances. As a former criminal prosecutor, our Long Island DWI defense lawyer fully understands how the other side operates. Our DUI lawyers successfully defended numerous clients across New York against DWIs, and we can represent you throughout Suffolk County, Nassau County, and throughout NY.
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Understanding DWI, DUI And DWAI Charges In Suffolk County
Many people who contact Law Office of Bryan E. Cameron ask about the difference between DUI and DWI charges. This confusion makes sense because different states use different terms for drunk driving offenses. In New York, you will face DWI or DWAI charges rather than DUI charges, though these terms all relate to impaired driving.
DUI stands for “driving under the influence” and appears in many state laws across the country. New York’s Vehicle and Traffic Law uses DWI, which means “driving while intoxicated.” Understanding New York’s specific charges can help you grasp what you face after an arrest in Suffolk County or anywhere on Long Island.
DWI charges in New York apply when:
- Your blood alcohol content reaches .08% or higher for standard drivers
- Your BAC reaches .04% or higher if you hold a commercial driver’s license
- Your BAC reaches .02% or higher if you are under 21 years old
- An officer observes clear signs of impairment even without a chemical test
New York law considers .08% the “per se” level of intoxication, meaning the state can prove impairment through the BAC number alone.
DWAI represents a less serious charge than DWI. This violation applies when your BAC falls between .05% and .07%. The state must show that alcohol impaired your ability to drive safely, which might include evidence like coordination problems or difficulty following instructions. A first-offense DWAI results in a traffic violation rather than a criminal charge, though the consequences still affect your license and insurance rates.
New York also recognizes these related charges:
- DWAI-Drugs: Applies when drugs other than alcohol impair your driving
- DWAI-Combination: Involves impairment from both alcohol and drugs together
Understanding these distinctions matters because each charge brings different consequences. An attorney may negotiate to reduce a Suffolk County DWI charge to a DWAI, which can mean avoiding a criminal record. We review every detail of your case to determine the best defense strategy based on our years of handling these cases throughout Long Island.
Felony DWI Charges In Suffolk County
Most first-time DWI offenses result in misdemeanor charges, but certain circumstances elevate a drunk driving case to a felony. Felony DWI charges bring the possibility of state prison time rather than county jail, along with lasting consequences that affect employment, housing and professional licenses.
An Aggravated DWI charge applies when your BAC reaches .18% or higher, more than twice the legal limit. While a first Aggravated DWI typically remains a misdemeanor, it carries enhanced penalties. If you have prior convictions, an Aggravated DWI can result in felony charges.
Repeat offenses trigger automatic felony charges:
- Second DWI within 10 years: Becomes a Class E felony
- Third DWI within 10 years: Escalates to a Class D felony
- Potential prison time: Up to seven years for a third offense
- License consequences: Possible permanent revocation
New York’s 10-year lookback period means the state examines your driving history to determine whether prior convictions apply. We have defended clients facing these serious repeat offenses and understand how Suffolk County prosecutors approach these cases.
Leandra’s Law makes any DWI with a child under 16 in your vehicle an automatic Class E felony, even for first-time offenders. The penalties include up to four years in prison, substantial fines and mandatory ignition interlock device installation.
DWI cases involving injuries or death carry the most severe penalties:
- Vehicular assault: Causing serious physical injury results in Class E or D felony charges
- Vehicular manslaughter: Causing death becomes a Class C or D felony
- Aggravated vehicular homicide: Reaches Class B felony status
- Prison sentences: Range from two to 25 years, depending on circumstances
Beyond prison time, a felony Suffolk County DWI conviction creates a permanent criminal record that appears on background checks. Many employers refuse to hire individuals with felony convictions, and certain professional licenses become unavailable. Noncitizens may face deportation or the inability to return to the United States. Our background as a former prosecutor gives us insight into how the state builds these cases and where weaknesses in their evidence may exist.
The Stakes Are High In A Long Island DWI Case
The consequences of a DWI conviction can be serious, ranging from economic damage to jail time. You could lose your vehicle or your license, which could also affect your career if your job requires driving.
For a first offense, you might face a misdemeanor or a violation, depending on your chemical test or refusal to test. After an arrest for another DWI within 10 years of your prior conviction, you will face a felony.
Trust us to navigate the entire process, including the criminal proceeding, refusal hearing and the administrative hearing regarding license suspension. Our Long Island DWI lawyers will fight to keep you from losing your license or being sentenced to jail time.
Our Long Island DUI Lawyers Will Examine Your Options From All Angles
When you hire our Long Island DUI lawyers to defend you on a DWI charge, we will:
- Review the details of the traffic stop to determine whether the police had reasonable suspicion to pull you over
- Check whether police notified you of your rights before you made any statements
- Confirm that the police correctly administered field sobriety, breath and blood alcohol tests
- Thoroughly investigate the facts and evidence to determine whether law enforcement violated your rights in any other way
We have in-depth knowledge of the field sobriety tests and breath testing machines that Long Island law enforcement uses, such as the Alco-Sensor, Breathalyzer and Intoxilyzer. This allows us to build strong arguments for cases that rely solely on test results.
If you face license suspension, our Long Island DUI lawyers will work to secure a hardship license or conditional license so you can drive to work, school or medical appointments. We also handle zero-tolerance proceedings for individuals under the age of 21 who face charges of operating a vehicle under the influence.
At the Law Office of Bryan E. Cameron, our NY DUI lawyer understands that our New York clients may be scared and confused about their charges. Here are the answers to some of the questions he hears the most.
What should I do if arrested and charged with DWI in NY?
If you are pulled over and face the threat of a DWI arrest, here is what to do:
- Remain calm and polite to the arresting officer. Do not resist arrest.
- You must provide the information listed on your driver’s license, such as your name and address. However, after this, invoke the right to remain silent.
- Do not give consent for the officer to search your vehicle or bags.
- Request an attorney immediately. Do not grant an interview until you have one.
Let’s say you have already been arrested and charged. These are the next steps:
- The officer will take you to the police station for booking and processing.
- You will attend an arraignment in which a judge issues your charges and may set bail.
- You have the option of pleading guilty at the arraignment. If you do not, then your case proceeds to the discovery and pretrial negotiation process.
- If necessary, your case may proceed to trial.
It is of utmost importance to have a Long Island criminal defense attorney on your side to explain your rights and options during all these phases.
What is the difference between DWI and DWAI in New York?
DWI is the term for “driving while intoxicated,” while DWAI is the term for “driving while ability impaired.” For most drivers, DWI is the charge when a driver’s blood alcohol content (BAC) is .08% or higher, although it is also used for commercial drivers with a BAC of .04% and drivers under 21 years of age with a BAC of .02% or higher. These are the “per se” BAC levels that automatically equate to impairment, even if the driver “appears” sober.
DWAI is generally charged when a driver’s BAC is between .04% and .07%, but they show other signs of impairment, such as slurred speech and coordination problems.
What is implied consent?
Under New York’s implied consent law, drivers are considered to have consented to submit to chemical testing on their breath, blood or urine to determine their blood alcohol content (BAC) merely by driving on any public road. Refusal to submit to a test will lead to the immediate suspension of your driver’s license, even if you are not impaired.
Can you refuse a field sobriety test in New York?
There are three commonly administered field sobriety tests designed to gauge a driver’s sobriety:
- Walk-and-turn test
- One-legged stand test
- Horizontal Gaze Nystagmus test
It cannot be stressed enough that drivers are under no legal obligation to submit to field sobriety tests, and they are deeply flawed.
When is a DWI a felony in New York?
You can be charged with a felony DWI, even for a first offense, if you have a child under 16 years of age in the vehicle with you while you are impaired, you have a second DWI within 10 years, you caused seriously bodily injury or the death of another or you hold a commercial driver’s license and your blood alcohol content (BAC) registered .04% or more.
Make A Free Consultation With A Long Island DUI Lawyer
After a DWI arrest, do not wait to secure legal defense. Meet with our criminal defense attorney for a free case review. From our law office in Sayville, we help clients throughout Suffolk County, Nassau County and the surrounding areas. Contact us online or call us at 631-319-3487 (toll-free at 888-816-9087). Se habla español.
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