A charge of Driving While Intoxicated (DWI) in Nassau County, New York 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 Nassau County Prosecutor 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 in the Nassau County Courts for intoxication offenses. Please call (516) 755-0500 at any time, 24 hours a day, 7 days a week, 365 days a year for any question regarding a DWI or other intoxication related offenses in Nassau County, New York.

When you drive a vehicle and you have a blood level of .08 or more, you could receive a charge for DWI. When you refuse to take a breath test, you may think you can’t be charged for a DWI but this isn’t necessarily true. Even when the officer is not able to confirm your blood alcohol level, you could still be charged. There are other factors that they are able to use to determine your state when they pulled you over, such as bloodshot eyes, slurred speech, or the smell of alcohol on your breath.

In Nassau County, a DWI charge could be either a misdemeanor or a felony. When a motorist receives a first time DWI charge, it is usually a misdemeanor. If a motorist is driving with a child that is 15 or younger while intoxicated, they face a felony charge. This charge complies with the Leandra’s Law. Also, those motorists who are charged with a DWI and already have a previous conviction in the past 10-years will also 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 a DWI. This is a traffic infraction, except when there is a previous conviction within 5 years of the new charge, in which case a misdemeanor charge may be imposed.

Your driver’s license will automatically be suspended for 30 days if you are charged with a DWI misdemeanor after taking a breath test. This is based on the fact that you were found intoxicated while operating a vehicle. Your suspension will begin from the moment you receive the ticket. There are some instances when a motorist with a New York State driver’s license could receive a hardship license. If there is a way for our client to receive this type of license, you can be sure that The Glass Law Group will do everything possible to get this for them. Regardless how hopeless you think your case might be, we assure you that with the efforts of our Nassau County DWI attorneys, you’ll receive the best possible results.