Nassau County DUI Lawyer
If you’ve recently received a DUI, you have a lot at stake, which is why it is so important that you speak with a knowledgeable Nassau County DUI lawyer as soon as you can. Contact the Law Office of Jacob A. Rudman to learn more about DUI charges in New York and how our legal team can help you fight them.
Nassau County DUI Lawyer
For years, our experienced Nassau County criminal defense attorney has fought on behalf of countless clients who’ve allegedly made the mistake of driving while under the influence of drugs or alcohol. Our legal team is prepared to fight for you through every step of the legal process ahead.
First-Offense DUIs in New York State
First-time DWI offenses result in harsh consequences. Even though there is no mandatory jail sentence for the first offense, your driving privileges will be affected, you will face fines and insurance premium increases and your car may be taken away permanently and sold by the County. At the Law Office of Jacob A. Rudman, our legal team will protect your rights and explore all options to dismiss or reduce the charges and penalties.
The Penalties and Your Options
A DWI conviction will result in mandatory penalties. This includes your driver’s license being revoked for at least six months and a maximum fine of up to $1,000 by the court. DMV will assess separate and additional fines. In addition, you will be required to participate in the Drunk Driving Program (DDP). Once your driving privileges are restored, you may have to install an ignition interlock device in your vehicle or any vehicle you have permission to operate. You may also be sentenced to one year in jail.
In addition to these penalties, Nassau County will file a civil lawsuit against you for forfeiture of the vehicle in which you were driving. The County must serve notice of forfeiture and commence suit within 120 days of your arrest. The loss of your vehicle can be catastrophic. We will fight to maintain your freedom and property.
How Can You Drive if Your License is Suspended?
If you have been convicted of driving while ability impaired by alcohol or drugs, your driver’s license will be suspended for 90 days and you will be fined $300 to $500 by the court. You will also be assessed additional penalties by the DMV. You may also be sentenced to jail.
You may be eligible to apply for a conditional or hardship license which will allow you to drive to work, school, or necessary medical appointments. Our firm can help you through this process.
Second or Subsequent DWI Penalties in NYS
Repeat DWI offenses and felony DWI offenses carry harsh penalties in New York. These cases can be complex and require a skilled and experienced team of attorneys to protect your rights and freedoms. You can depend on a knowledgeable Nassau County DUI lawyer right here at our firm to fight for you.
Consequences for Repeat and Felony DWI Offenders
Under New York Law, the penalties for repeat and felony DWI offenses are severe. You will face fines, jail time, and license revocation:
- Second DWI or DWAI-drug violation within 10 years (E felony) = License revocation for at least one year, fine between $1,000 and $5,000, and a possible jail sentence up to four years
- Third DWI or DWAI-drug violation within 10 years (D felony) = License revocation for at least one year, fine between $2,000 and $10,000, and a possible jail sentence up to seven years
- Second Aggravated DWI in 10 years (E felony) = License revocation for at least 18 months, fine between $1,000 and $5,000, and a possible jail sentence up to four years
- Third Aggravated DWI in 10 years (D felony) = License revocation for at least 18 months, fine between $2,000 and $10,000, and a possible jail sentence up to seven years
If you are a repeat DWI, DUI, or DWAI offender, you need the experienced legal representation of our law firm.
Underage DWI Penalties in NYS
New York State has a “zero tolerance” policy towards any drivers under 21-years-old who are alleged to be driving under the influence. As a result, drivers under the age of 21 can be convicted of DWI (Driving While Intoxicated) even when their Blood Alcohol Concentration (BAC) is as low as .02. BAC is the measurement of alcohol in the bloodstream per unit of volume.
There are serious repercussions from an underage DWI conviction. New York has a Zero Tolerance Law which prohibits individuals under the age of 21 from driving with a Blood Alcohol Concentration (BAC) of .02 percent up to .07 percent. Under those circumstances, there will be an administrative hearing.
If the Blood Alcohol Concentration is between .05 percent but not more than .07 percent, the police have the option of charging you with DWAI. If the BAC is more than .07 but less than .08, you will be charged with DWAI. If you have more than .08, you will be charged with DWI.
Depending on the circumstances of an underage DWI charge, there are plea negotiation limits for underage drunk driving in which a plea to the charge will be required and upon one year’s successful completion of sentence requirements, the conviction will be vacated and a plea to the lesser charge of DWAI will be available.
Drivers convicted of violating the Zero Tolerance Law will have their license suspended for six months, a $125 civil penalty, and a $100 fee to terminate the license suspension. Drivers convicted of a second Zero Tolerance Law violation will face the same civil penalty and reapplication fee, but will have their driver’s license revoked for one year or until they turn 21.
Underage individuals who have .08 or higher BAC will be cited with a misdemeanor charge of Driving While Intoxicated. This offense carries much harsher penalties and can result in the loss of driving privileges, increased insurance premiums, and significant fines.
DWAI Drug Penalties in NYS
Driving while impaired by drugs carries severe penalties. Our law firm has successfully represented clients in Nassau County and Suffolk County who have been charged with these offenses. We are skilled at plea negotiations as well as hearings and trials. We know how to pursue the best strategy in your specific case. We review all the facts to achieve the best possible disposition in your case.
Depending on the specific charges, the penalties for Driving While Ability Impaired by drugs or from a combination of alcohol and drugs vary:
- DWAI-drug: $500 to $1,000 fine, up to one year in jail, and license suspended for at least six months
- Second DWAI-drug offense in 10 years (E felony): $1,000 to $5,000 fine, up to four years in jail, and license revoked for at least one year
- Third DWAI-drug offense in 10 years (D felony): $2,000 to $10,000 fine, up to seven years in jail, and license revoked for at least one year
- DWAI combination: $500 to $1,000 fine, up to one year in jail, and license revoked for at least six months
- Second DWAI combination in 10 years (E felony): $1,000 to $5,000 fine, up to four years in jail, and license revoked for at least one year
Your vehicle may also be impounded and searched by the police which can result in other criminal charges. We know how difficult the criminal justice system can be–you need our services. We are here to help you every step of the way.
Refusing to Submit to Chemical Testing
Refusing a chemical test in New York will result in a $500 civil penalty and your license will be revoked for at least one year. In addition, if you refuse to take a breath test or chemical test, the DMV will require you to pay an annual driver responsibility assessment of $250 for three years. The total assessment for the three years is $750.
You must pay the driver responsibility assessment whether you have a driver’s license issued by New York State, another state, or even if you do not have a driver’s license. If you refuse a breath test within five years of a previous DWI-related charge, you will have to pay a $750 civil penalty and your license will be revoked for at least 18 months. Underage drivers and commercial truck drivers will face additional penalties.
Refusal Hearings in NYS
New York State has an implied consent law regarding breathalyzer tests. This means that if a police officer asks you to take a breathalyzer test and you refuse, you will automatically have your license revoked and subject yourself to additional fines. However, you are entitled to a refusal hearing after you refuse a breath test or chemical test. The refusal hearing is different from a criminal proceeding and it is conducted by the Department of Motor Vehicles (DMV). Since this is not an ordinary criminal proceeding, these hearings can be very complicated. At any legal hearing, it’s highly recommended that you obtain legal counsel and this hearing is no different.
Our Nassau County DUI lawyer has the knowledge and experience necessary to protect your rights. Because of this experience and knowledge, we will find the best possible outcome in your case.
In New York, you will face severe penalties if you refuse a breath test or chemical test. These penalties include fines and mandatory license revocation.
At the conclusion of a refusal hearing, the judge will make a determination as to whether or not you knowingly refused a breath test or chemical test. The evidence at the hearing can be used against you. However, the opportunity to cross-examine the police officer who arrested you will provide important information for the criminal case brought against you.
Our legal team understands how the DMV conducts refusal hearings. We know what steps to take to protect your rights. We will cross-examine the arresting officer and challenge his or her testimony. In addition, we will also question if the police officer explained your rights to you and if you understood your rights before refusing to take the breath test or chemical test.
Contact a Nassau County DUI Lawyer
If you have been charged with a DWI, DWAI, or DUI in New York, it is important to seek experienced legal counsel right away. Our law firm represents drivers throughout Nassau County and Suffolk County. Contact the Law Office of Jacob A. Rudman today to schedule your initial consultation with our competent legal team.