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 of incarceration.
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.