A charge of Driving While Intoxicated (DWI) is in all but certain cases a criminal charge, either a misdemeanor or a felony. DWI misdemeanor and felony convictions create a criminal record for an individual, and can carry severe and/or significant penalties, including the possibility of incarceration (jail time), license suspensions and revocations, significant financial penalties (fines), probation, and all other consequences a criminal conviction carries.
Whether a prosecutor on Long Island will bring a DWI charge at the misdemeanor or felony against an individual will depend on an array of factors, including whether the person has a prior DWI conviction, whether there were passengers in the vehicle, and their age(s), whether there was a motor vehicle accident caused by the alleged intoxication, and other aggravating factors.
Our attorneys at The Glass Law Group on Long Island, NY will be glad to assist you with misdemeanor or felony charges for Driving While Intoxicated (DWI), Driving While Ability Impaired (DWAI), Driving Under the Influence (DUI), and Aggravated Driving While Intoxicated (A-DWI). Maxwell Glass, Esq., owner of The Glass Law Group specializes his practice in DWI and vehicle and traffic law on Long Island. Mr. Glass is a member of the National College of DWI Defense, and regularly defends Driving While Intoxicated charges on Long Island in all courts. Mr. Glass is committed to providing quality legal representation to all on Long Island. Give us a call 24 hours a day, 7 days a week, 365 days a year at (516) 755-0500.
Being Charged With A DWI in Long Island, NY
If you operate a vehicle and your blood level is .08 or higher, you could be charged with a DWI. Even if the arresting officer isn’t able to confirm your blood alcohol level, which occurs when the motorist refuses a breath test, a motorist can still be charged with for Driving While Intoxicated (DWI). The officer who arrests an individual has a set of “clues” that he or she is trained to look for, and based on the presence of a number of these clues, the officer can nevertheless arrest an individual for Driving While Intoxicated (DWI), even if a driver refuses to take a portable breath test (PBT) or declines to engage in the standardized field sobriety tests.
A DWI charge in Long Island may be a misdemeanor or a felony. The first time a motorist is charged with a DWI, it is usually a misdemeanor. A motorist found driving while intoxicated, with a child 15 years or younger in the vehicle will receive a felony charge. This would be in compliance with Leandra’s Law. Motorists who have received a previous DWI conviction within the last 10-years receive a felony charge.
Those charged with driving while intoxicated with a blood-alcohol level of .18 or higher will be charged with Aggravated Driving While Intoxicated (NYS VTL 1192.2A). This is a relatively new charge. A conviction for Aggravated Driving While Intoxicated carries harsher consequences than Driving While Intoxicated (VTL 1192.2 and VTL 1192.3).
A person may also be charged with Driving While Ability Impaired Due To Drugs (VTL 1192.4) as well as Driving While Ability Impaired Due To A Combination Of Drugs And Alcohol (VTL 1194.A).
Motorist charged with operating a vehicle with a blood-alcohol level of .05 or higher, but less than .08 will be charged with Driving While Ability Impaired (DWAI), as defined by VTL §1192.1. This charge is classified as a traffic infraction, not a criminal offense, except when there is a previous conviction within 5 years of the new charge, in which case a misdemeanor charge may be imposed.
What Happens to Your License When You Have a DWI
If you receive a misdemeanor charge of a DWI after taking a breath test, unfortunately, your drivers license will be suspended automatically for 30 days. This is because you were found intoxicated while driving a vehicle. The suspension of your driver’s license starts from the day you received the ticket. In some cases, anyone with a valid New York State driver’s license when they are stopped might be able to obtain a hardship license. Let The Glass Law Group assist you in your DWI case so that you can continue driving. Despite how impossible it may seem, we assure you that our attorney’s have the necessary experience and qualifications to get you the results you want.
Call Now: (516) 755-0500 24/7/365