Garden City DWI Lawyers
- Biancanello, Denis:
Jail time and probation are more common following a DWI than any other misdemeanor in New York. If you are a first time offender, we can help you make sure your first night in jail is your last. If you are a multiple DUI or DWI offender, you face much more serious consequences.
Conditional & Hardship License Hearings
If you have lost your license after your DUI, DWI, or DWAI, you could be awarded a conditional or hardship license through the DMV or courts. A hardship license is issued by the court, if you need your license to get to work and support your family. Since no client's circumstances are like another's, driver's privileges are not granted easily. It is of the utmost importance that you present a strong case in front of the judge.
You also have the opportunity to apply for a conditional license through the DMV. While it is easier to secure driving privileges through a conditional license, each individual is allowed only one, every five years, and they only last for the length of the trial. At the end of your trial, you will have to apply to get your license back. We will represent you at that DMV administrative hearing as well.
Breath and Blood Alcohol Content
If you are given a DUI, DWI, or DWAI, chances are, you will be given a test that measures your BAC. Blood must be drawn in order to conduct a blood alcohol content test, but a simple breath test can measure your breath alcohol content. In New York, the police use a machine called an Intoxilizer. It is typical for clients to face the following potential consequences after reaching the following scores:
* If it's greater than .08, you're going to get a misdemeanor DWI)
* If it's greater than .04, you're going to get a violation (DWAI).
* If it's greater than .13 and above, they want you to plea to the charge
If you refuse to take a breath test, you will most likely be pressured into taking a plea for the charge. This is not fair, and you do not have to accept their plea. An experienced lawyer can make sure your rights are protected.
- Jan Goldman:
Driving While Intoxicated - DWI - DWAI
Drunk Driving is a serious charge. A Driving While Intoxicated charge can be a violation (DWAI "impaired'), a misdemeanor or a felony, depending upon the circumstances and your driving record. You may be required to attend and complete drug and alcohol evaluation and treatment before you can drive again.
- Grunwald & Seaman:
Perhaps you were having a few drinks with friends and as you left the
parking lot, you were stopped by the police. Chances are the Police
were observing the restaurant/bar and simply waited until someone,
unfortunately you, drove away. In the policeÍs mind you were already
presumed guilty. You think you passed those standard field sobriety
test, you know, walk the line, finger to nose and one leg stand, but
next thing you know you are chained to the wall and peppered with
questions and introduced to someone wearing a white lab coat who
repeats the sobriety tests and has you blow into a straw.
The outcome of which will effect you for years to come. No other
accusation in the criminal law will have as far reaching consequences
asæ DWI/DUI-drunk driving. Not only do you face criminal prosecution,
and loss of your driving privileges while the case is pending, and
imprisonment, probation, fines and also possible seizure of your car,
but mandatory license suspension/revocation, imposition of court and
DMV mandated alcohol rehabilitation programs, drug/alcohol evaluation
and testing and often court ordered abstinence.
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Moreover, if there was a car crash involved, your own insurance company
will not pay for your own medical care nor damages to you own car and
you risk being sued individually any for injuries suffered by others.
Additionally, should you get your license back your insurance premiums
will be increase 35 % and you are placed in the assigned risk pool
because most insures will drop you as an insured.
æ
Despite the far reaching consequences of a ñsimpleî first timeæ
DWI/DUI, it still amazes me that most of those accused have a caviler
attitude. This ñis no big dealî attitude is fostered, unfortunately, by
those attorneys whom probably share in their clientÍs ignorance of the
complexities and far reaching consequences of aæ DWI/DUI charge.
Gone are the days when drunk driving was viewed as a comical nuisance.
No longer do the police simply drive the person home. Today, law
enforcement spends considerable resources on detectingæ DWI/DUI. Last
year for example Nassau County made over 6,500æ DWI/DUI arrests, and
Suffolkæ DWI/DUI arrests exceed 8,000 and both counties have created
special task forces to combatæ DWI/DUI including specially trained
police and prosecutors.
Law are pending to make it easier to arrest one foræ DWI/DUI and it
seems that almost each year the penalties increase.
Despite the get tough approach towardsæ DWI/DUI and the increased
penalties and likelihood of jail and mandatory loss of license, a
skilled and experienced criminal defense attorney should be able to
uncover factual, legal and evidentiary defenses which can lessen the
impact of the arrest and potential conviction, and in some instances
have the charges dismissed or reduced before trial.
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