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 for intoxication offenses in Suffolk County, New York. Please call (516) 755-0500 at anytime, 24 hours a day, 7 days a week, 365 days a year for any questions regarding a DWI or intoxication offense in Suffolk County, New York.

If you are driving a vehicle and your blood level is .08 or higher, you may face DWI charges. If you do not comply with taking a breath test if asked by the officer, you may still find yourself with a DWI charge against you. If the officer can’t get you to agree to take a breath test to confirm that your blood alcohol level is over the legal amount, they can still charge you. The factors that are considered to determine that you have been drinking is your speech, your eyes, and the smell on your breath.

The charge against you could result in a misdemeanor or a felony on your record. If a motorist gets a DWI for the first time it is likely going to be a misdemeanor. However, if they are driving with a child that is 15 or younger, the driver could receive charges that are considered a felony. It complies with the Leandra’s Law. If you are motorists with a previous conviction and you are also charged with a DWI, you will also get a felony conviction.

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, not a crime, except when there is a previous conviction within 5 years of the new charge, in which case a misdemeanor charge may be imposed.

If you are charged with a DWI misdemeanor, your license will be suspended for 30 days. This is based on the fact that you were actually found intoxicated while operating a motor vehicle. However, the bright side is that you can get a hardship license with the help of The Glass Law Group.

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