Fight Your DWI Charge in Nassau County
Facing DWI charges in Nassau County?
Driving while intoxicated means driving while having a BAC of 0.08% or
higher. For a commercial driver, the legal limit is 0.04%. As mentioned
above, however, intoxication can either be proved through a chemical test,
such as a blood, urine, breath, and saliva test or through other means,
such as behavior, physical appearance, and speech. Zero-tolerance laws
are set in place for individuals under 21. If you are under 21 years of
age, operating a vehicle with a BAC of 0.02% or higher is considered a
violation of the state's zero-tolerance statute.
Driving While Ability Impaired
Driving while ability impaired (DWAI) is also a criminal offense for individuals
driving while intoxicated at a lower level than 0.08%. Although lower
than the level for a DWI charge, driving with a BAC of 0.05% to 0.07%
can result in a conviction of DWAI. A person with a BAC level within this
range often has impaired depth perception, peripheral vision, retinal
recovery from glare, and judgment - all traits necessary for safe driving.
Driving while ability impaired by drugs is another criminal offense in
New York. Individuals can be charged with DWAI for alcohol, which can
impair one's physical and mental capabilities. Operating a motor vehicle
under the influence of other drugs - whether they are legal or illicit
substances - can also lead to a
criminal charge. Special circumstances can apply to DWI charges and can carry additional
penalties, such as aggravated DWI, which can be charged when the BAC level
is 0.18% or higher or if the driver has a minor in the vehicle.
Penalties for Drunk Driving in Nassau County
The exact penalty you face will entirely depend on your circumstances.
A first offense constitutes a misdemeanor but carries with it a minimum
6-month license revocation, a fine ranging from $500 to $1,000, and up
to a year in jail. For a second offense within 10 years of the first offense,
you can be charged with a felony. There will also be a minimum yearlong
license revocation, and fines can run from $1,000 to $5,000. Depending
on the circumstances involved, a conviction could involve up to four years
A third offense within 10 years also constitutes a felony. For this offense,
the defendant could face fines from $2,000 to $10,000 and incarceration
of up to 7 years. If the third offense occurs within five years of the
first offense, the penalties can be even more severe, even when the incident
does not involve a vehicle collision or any personal injuries.
In addition to the fines, you may also end up paying fees for crime victims'
assistance and mandatory conviction surcharges. The New York DMV can levy
additional fines, including assessing you an additional $250 per year
for up to 3 years if you want to retain your driving privileges. There
are also requests for intoxicated ignition device and drunk driver programs.
Contact Our Nassau County DWI Lawyer
At Jason M. Barbara & Associates, P.C., our experienced Nassau County
DWI defense attorney can help you to present an effective defense through
the finding of faults and gaps in the prosecution's case. Even if
you refused to take a breath test and are already facing mandatory penalties,
our knowledge and experience with New York's DWI laws can help enable
you to obtain the best results for your case.
Contact our firm for the legal guidance you deserve. Your initial case evaluation with
Attorney Barbara is free, and we can help you to understand what the best
options are for your particular case.