1) Driving While Impaired - an individual is charged with this crime a violation when it is the person's first time being charged with operating a motor vehicle under the influence of alcohol and the breathalyzer test results full below .08, oftentimes one who is charged with this crime will have to do community service through the Red Cross and the charges to be reduced to a speeding charge called 1180a - called imprudent speed which carries 3 points.
2) Driving While Intoxicated - Operating a Motor Vehicle under the Influence of Alcohol or Drugs
One is charged with this crime a misdemeanor when the breathalyzer results are greater than .08. If the breathalyzer results are between .08 and .12 and there is no accident oftentimes one will have to do community service and the charges will be reduced to driving while impaired a violation. Additionally the person will have to pay a fine and the license will be suspended for a period of time. When the individual is first arrested the person's license is suspended if the individual takes the breathalyzer-the person is entitled to a hardship license. For the hardship license the person has to show to the court that it is a financial hardship to be without a license. The judge has the power to grant the individual a hardship license which will lead the person drive to and from work only upon certain hours granted by the court. There is a hearing that is conducted within a a few days after the person is arrested. The person has to testify that they cannot afford a taxi, that there is no alternative transportation such as a bus, train. Additionally the person has to bring documentation from their employer that shows where they worked oftentimes this is either a letter from the employer or pay stubs. After 30 days from the arrest the person will be entitled to a conditional license from motor vehicle which entitles the individual to greater driving privileges than the hardship license.
An individual is also charged with driving while intoxicated if the person refuses the breathalyzer test. The individual's license is immediately suspended and a hearing is conducted at the Department of Motor Vehicle to attempt to get that person's license restored. The district attorney's position is not to negotiate when an individual refuses to breathalyzer. Oftentimes the person will have to plead guilty to driving while intoxicated and be put on probation for 3 years.
3) Driving While Intoxicated - a felony - this occurs when an individual is charged with driving while intoxicated for a 2nd time within 10 years. Depending upon how many times an individual has been charged with driving while intoxicated depends upon the results. If the person is going to be serving time in jail for a felony driving while intoxicated there are trailers in Yaphank that are specifically meant to help the individual that is facing these charges. Typically when an individual pleads guilty to this charge they are put on probation for 5 years.
*All of these charges vary depending upon if there is an accident. If an individual is involved with an accident and driving under the influence of alcohol or drugs they are often looking at jail time. For individuals charged with driving under the influence, what they are charged with often depends upon if the person subjected themselves to a blood test.
*The district Attorney is always making these laws tougher and tougher on individuals.
This is a misdemeanor. This occurs when an individual leave the scene of an accident without reporting the incident. Oftentimes one will have to do community service for the charges to be reduced to a violation or an ACOD - an ACOD is why the charges are dismissed either after 6 months or a year. The charges will automatically be dismissed after the person does community service or their is proof of restitution and no injuries.
If you would like to discuss your DWI or criminal matter, please call Shawn Kassman or 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 represent 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.
We also serve clients in the following areas:
Huntington, Brookhaven, Babylon, Bayshore, blue point, Bohemia, Oakdale, Center Moriches, Centereach, Centerport, mastic, cold Spring Harbor, Commack, Northport, Coram, Deer Park, Hauppage, Islandia, Lake Grove, Manorville, Lindenhurst,, including Smithtown, Huntington, Brookhaven, Babylon, Bayshore, Islip, Amityville, Bayport, Bellport, Blue Point, Bohemia, Brentwood, Center Moriches, Centereach, Centerport, Central Islip, Cold Spring Harbor, Commack, Copiague, Coram, Deer Park, East Northport, East Setauket, Farmingdale, Farmingville, Greenlawn, Hauppauge, Holbrook, Holtsville, Huntington Station, Islandia, Kings Park, Lake Grove, Lake Ronkonkoma, Lindenhurst, Manorville, Mastic, Mastic Beach, Medford, Melville, Middle Island, Mt. Sinai, Nesconset, Northport, North Babylon, Patchogue, Port Jefferson, Port Jefferson Station, Ridge, Riverhead, Rocky Point, Ronkonkoma, St. James, Sayville, Selden, Setauket, Shirley, Shoreham, Sound Beach, Southold, Stony Brook, Wading River, West Sayville, West Islip, Woodbury, Wyandanch, Yaphank, Syosset, Jericho, Massapequa, Plainview, Brooklyn, Queens, Westchester, Staten Island, Orange County, and Manhattan.