If you are charged with driving while intoxicated in Suffolk County the consequences of such charges vary depending upon whether an individual takes the breathalyzer as well as the results of the breathalyzer results. Also the outcome of your case can be significantly impacted if there was an accident. Driving while intoxicated is a misdemeanor. A misdemeanor is a crime punishable by up to one year in jail and or 3 years probation or what is called a conditional discharge. A conditional discharge is you stay out of trouble for one year with the condition that you maintain yourself as a law-abiding citizen.
In Suffolk County and Nassau County one will be charged with a DWI if your breathalyzer is .08 or greater. If your breathalyzer results are between .08 and .12 the district attorneys office will offer to plea bargain the charges down to a violation, driving while impaired. If this is the first time that you are charged with driving while intoxicated and there is no motor vehicle accident involved. If the breathalyzer results are greater than .12 and a little bit higher there is still a possibility that one can get the charges reduced down to a violation driving while impaired.
If the breathalyzer results are very high .16 or greater and this is an individual’s first time in getting charged with driving while intoxicated then there is a possibility that there may be no probation and the person will get what is called a conditional discharge.
If an individual refuses the breathalyzer test. Then the offer from the district attorney will be as charged a misdemeanor. Oftentimes there is a possibility of an individual getting a conditional discharge without probation. However the standard offer for an individual charged with driving while intoxicated with a breathalyzer results greater than .12 would be as charged and 3 years probation as well as if you refuse to take the breathalyzer test.
If an individuals breathalyzer results are between .08 and .09 in some instances we are able to have the charges reduced from driving while intoxicated down to a traffic infraction called an imprudent speed a three-point ticket.
If an individual receives a 2nd DWI charge within 10 years regardless of the breathalyzer results there will not be a reduction of the charges from anything less than the misdemeanor driving while intoxicated. Additionally when an individual is charged with DWI and the individual takes the breathalyzer. The judge suspends an individual’s license at arraignment. If the breathalyzer is not too high a hearing will be scheduled within a matter of days of being arraigned on the charges. This hearing is called a hardship hearing. At the hardship hearing an individual needs to be represented by an attorney and show proof that driving without a license is a hardship. If a hardship license is not granted an individual will be eligible for a conditional license 30 days after the DWI arraignment.
Every case is different when an individual is charged with a DWI. There are many things that can be done to avoid having a criminal record.
If you are charged with driving while intoxicated DWI you should immediately contact a Suffolk County or Nassau County lawyer. We regularly appear in Suffolk County and Nassau County representing individuals charged with misdemeanor DWI charges as well as felony DWI charges.
BroughT to you by Central Islip DWI lawyer.
If you have New York Criminal Law related questions, please call criminal defense attorney Shawn Kassmanor a member of his legal team at 631-232-9479 (toll-free 888-545-2944 ) or fill out our online intake form. We are available 24 hours a day, 7 days a week and defend clients located in Central Islip (main office location), Holtsville (office location), Bayshore, Brentwood, Oakdale, Sayville, Port Jefferson and Riverhead and both Suffolk and Nassau counties. Our Central Islip law offices are conveniently located down the street from the courthouse and we can assist you with your criminal defense during your time of need.