FORMER SUFFOLK COUNTY DWI PROSECUTORS

October 12, 2024

If you need a Suffolk County DWI Lawyer because you have been arrested for driving while intoxicated in Suffolk County, New York, we can help. If you are one of the many thousands of people arrested for DWI driving while intoxicated in Suffolk County, you already know that difficult decisions lie ahead in the coming weeks and months. In fact, you need immediate answers to the numerous questions you may have from a DWI lawyer in Suffolk County with the experience and knowledge to guide you through this often confusing process. At our DWI law firm in Suffolk County, we believe that we can empower you by answering your questions in a direct and honest manner. Our Suffolk County DWI attorneys will endeavor to provide you with the knowledge and guidance to navigate through the Suffolk County court system. A charge of driving while intoxicated will trigger a host of rules and regulations formulated by the New York State Vehicle and Traffic Law including the possibility of an Ignition Interlock Device on your car. Our DWI Lawyers can help formulate a solution to better ensure that your rights are protected in the  First District Court in Central Islip.  

What happens Next?

In most cases, if you have been arrested for driving while intoxicated by alcohol or drugs, you may have already appeared before a  Suffolk County Court where your license will be suspended. If our DWI attorneys are contacted in a timely manner, we will have one of our lawyers in Suffolk County at your arraignment to ensure you are immediately released pending the prosecution of your case. Furthermore, we will ask the Judge for an expedited hearing, also known as a ‘Hardship Hearing’ so that we can obtain a conditional license so that you may drive to work or school while your case is proceeding through the court system. Depending on what exactly you have been charged with will ultimately determine the direction your Suffolk DWI defense will take in the coming weeks and months. It is critical that you meet with one of our DWI Attorneys immediately upon release so that we can gather the facts necessary to properly defend your rights. Factors such as the level of alcohol or BAC%, (Aggravated DWI section 1192.2-a(a)) whether or not you were involved in a motor vehicle accident, or if you had children in the car ( Leandra’s Law violation section 1192.2-a(b)), or perhaps if you had a prior alcohol-related arrest will all be taken into consideration by the courts and the office of the District Attorney. In fact, with changes in the laws in New York State, any prior DWI convictions could result in a Felony charge and or the Seizure of your vehicle or a requirement that you install an Ignition Interlock Device on your car. There is also a possibility of being sentenced to the Suffolk County STOP DWI Program. Driving while intoxicated is viewed as a serious violation and you will need the guidance of an experienced DWI lawyer in Suffolk County who can provide direct advice to properly protect your rights.  

How Can We Help With Your Suffolk County DWI Arrest?

To start, by permitting our DWI lawyers to provide you with knowledge. At our Suffolk County DWI law firm, we have come to understand that we can empower each of our clients by ensuring they are part of the process of defending their DWI case. Hiring a DWI lawyer is a very personal decision. A DWI attorney can inform you of each and every stage of the process so that you can take part in the decision-making process. Once we can answer your questions, (See General DWI Questions - Suffolk County) we can move forward with your DWI defense. We will need to conduct a thorough interview with you and any possible witnesses who could provide information about the facts underlying your arrest. It is critical that we gather this information at the earliest stage of the proceeding. We will need to conduct an investigation. Part of that investigation will be a proper demand to the office of the Suffolk County District Attorney to see all the evidence in your Suffolk County DWI case. This will entail a review of all records, documents, and procedures involved in your DWI arrest. Our investigation will include a review of any notes or observations by the police officer at the time of your arrest related to your sobriety (field-side sobriety tests). Most importantly, if you submitted to a test to determine your blood-alcohol concentration, we will demand to see the calibration records of any breathalyzer machine that was used to make such a determination. With a proper review of the evidence in your particular case, our DWI lawyers in Suffolk County can then provide you with the advice you need to ensure your rights are protected.

That is how we can help.  

WHAT ARE THE PENALTIES FOR DRIVING WILE INTOXICATED (DWI) IN SUFFOLK COUNTY?

iNFORMATION PROVIDED COURTESY OF THE NYS DMV

Driving while intoxicated is a crime. Your judgment, coordination, and ability to drive a vehicle change when you consume any amount of alcohol. The level of impairment depends on five conditions:

• the amount of alcohol you drink
• the amount of food you eat before or while you drink alcohol
• the length of time you drink alcohol
• your body weight
• your gender

There is no quick method to become sober. The best method is to wait until your body absorbs the alcohol. The average rate at that your body processes alcohol is approximately one drink per hour.

Types of Alcohol and Drug-Related Violations in New York State

Driving While Intoxicated (DWI) - .08 Blood Alcohol Content (BAC) or higher or other evidence of intoxication. For drivers of commercial motor vehicles:  .04 BAC or other evidence of intoxication.

Aggravated Driving While Intoxicated (Aggravated DWI) - .18 BAC or higher

Driving While Ability Impaired by Alcohol (DWAI/Alcohol) - More than .05 BAC but less than .07 BAC, or other evidence of impairment.

Driving While Ability Impaired by a Single Drug other than Alcohol (DWAI/Drug)

Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol (DWAI/Combination)

Chemical Test Refusal - A driver who refuses to take a chemical test (normally a test of breath, blood, or urine).

Zero Tolerance Law - A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law.

Penalties

In New York State, the penalties for an alcohol or drug-related violation include the loss of driving privileges, fines, and a possible jail term.

Penalties for alcohol or drug-related violations

Aggravated Driving While Intoxicated (AGG DWI) $1,000 - $2,500 1 year Revoked for at least one year

Second AGG DWI in 10 years (E felony) $1,000 - $5,000 4 years Revoked for at least 18 months

Third AGG DWI in 10 years (D felony) $2,000 - $10,000 7 years Revoked for at least 18 months

Driving While Intoxicated (DWI) or Driving While Impaired by a Drug (DWAI-Drug) $500 - $1,000 1 year Revoked for at least six months

Second DWI or DWAI-Drug violation in 10 years (E felony) $1,000 - $5,000 4 years Revoked for at least one year

Third DWI or DWAI-Drug violation in 10 years (D felony) $2,000 - $10,000 7 years Revoked for at least one year

Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination) $500 - $1,000 1 year Revoked for at least six months Second DWAI-Combination in 10 years (E felony) $1,000 - $5,000 4 years Revoked for at least one year

DWAI-Combination in 10 years (D felony) $2,000 - $10,000 7 years Revoked for at least one year

Driving While Ability Impaired by Alcohol (DWAI) $300 - $500 15 days Suspended for 90 days

Second DWAI violation in 5 years $500 - $750 30 days Revoked for at least six months

Third or subsequent DWAI within 10 years (Misdemeanor) $750 - $1,500 180 days Revoked for at least six months

Zero Tolerance Law $125 civil penalty and $100 fee to terminate suspension None Suspended for six months

Second Zero Tolerance Law $125 civil penalty and $100 re-application fee None Revoked for one year or until age 21

Chemical Test Refusal $500 civil penalty ($550 for commercial drivers) None Revoked for at least one year, 18 months for commercial drivers. Chemical Test Refusal within five years of a previous DWI-related charge/Chemical Test Refusal $750 civil penalty None Revoked for at least 18 months, one-year or until age 21 for drivers under age 21, permanent CDL revocation for commercial drivers.

Chemical Test Refusal -
Zero Tolerance Law $300 civil penalty and $100 re-application fee None Revoked for at least one year.

Chemical Test Refusal -
Second or subsequent Zero Tolerance Law $750 civil penalty and $100 re-application fee None Revoked for at least one year.

Driving Under the Influence  (Out-of-State) N/A N/A Revoked for at least 90 days. If less than 21 years of age, revoked at least one year. Driving Under the Influence  (Out-of State) with any previous alcohol-drug violation N/A N/A Revoked for at least 90 days (longer term with certain prior offenses). If less than 21 years of age, revoked at least one year or until age 21 (longest term).

Additional Penalties

A mandatory surcharge, crime victim assistance fee, additional surcharge, and an alcohol fee are added to alcohol-related misdemeanors ($395.00) and felonies ($520.00).  Add $5.00 if a conviction occurs in a town or village justice court.  

Three or more alcohol or drug-related convictions or refusals within 10 years can result in permanent revocation, with a waiver request permitted after at least 5 years. 

A driver with an Aggravated DWI violation conviction within the prior 10 years will receive a minimum 18-month revocation if convicted of DWI, DWAI/Drugs, or DWAI/Combination.

A driver with a prior DWI, Aggravated DWI, DWAI/Drugs or DWAI/Combination with the prior 10 years will receive a minimum 18-month revocation A driver convicted of an Aggravated DWI, DWI, DWAI/Drug, DWAI/combination, vehicular assault, and aggravated vehicular assault, or vehicular manslaughter and vehicular homicide three or more times in the preceding 15 year period is guilty of a Class D felony.

Greater penalties can also apply for multiple alcohol or drug violations within 25 years.