Driving While Intoxicated
Driving While Intoxicated in Long Island, NY
Schalk, Ciaccio, & Kahn represents clients charged with driving while intoxicated (DWI) in Long Island, NY and Nassau County to defend them against severe penalties that can significantly impact life, careers, and freedom. These charges can be incredibly overwhelming and stressful, whether a first-time offense or a second or third charge. With decades of combined legal experience, including prior roles as prosecutors, our team is committed to providing an aggressive and thorough defense for clients charged with DWI and related offenses.
Understanding Impairment Levels
Various factors influence how your body processes alcohol. On average, it takes about one hour for it to process one alcoholic drink. However, the degree of impairment by alcohol is determined by multiple factors, including:
- The amount of alcohol consumed
- Food intake before or during alcohol consumption
- The length of time you drank alcohol
- Body weight
- Gender
Types of Alcohol and Drug-Related Violations
A DWI lawyer represents clients in the various alcohol and drug-related violations recognized by NY, all of which come with distinct legal consequences:
- Driving While Intoxicated (DWI) – A blood alcohol content (BAC) of .08 or higher (.04 or higher for commercial drivers) or other evidence of intoxication.
- Aggravated DWI – A BAC of .18 or higher.
- Driving While Ability Impaired by Alcohol (DWAI/Alcohol) – A BAC between .05 and .07 or other signs of impairment.
- DWAI by Drugs – Impairment caused by a single drug other than alcohol.
- DWAI by a Combination of Alcohol and Drugs – Impairment from both substances together.
- Chemical Test Refusal – Refusing a breath, blood, or urine test results in immediate penalties.
- Zero Tolerance Law – Drivers under 21 with a BAC of .02 to .07 are subject to this law.
Severe Penalties for DWI in New York
Penalties for charges in New York State are extensive and escalate with prior offenses or higher levels of impairment, making an experienced DWI defense attorney a critical investment if you face any of these. Below is a general overview of potential fines, jail terms, and license actions for common violations:
DWI or DWAI by Alcohol
- First Offense – Fine of $300–$500, up to 15 days in jail, and a license suspension of 90 days.
- Subsequent DWI or DWAI by Alcohol Violations – A second violation within five years or a third or more within ten years carries fines ranging from $500-$1,500 with jail terms of no longer than 180 days, depending on the number of offenses within a specific period. All of these come with a mandatory license suspension of at least six months.
Aggravated DWI
This category is for anyone who far exceeds the legal BAC limit. Currently, anyone with a BAC .18 or higher faces aggravated DWI:
- First Offense – Fine of $1,000–$2,500, up to one year in jail, and a license revocation of at least one year.
- Second Offense (E Felony) – Fine of $1,000–$5,000, up to four years in jail, and revocation for at least 18 months.
- Third Offense in 10 years (D felony) – Fine of $2,000 – $10,000, up to seven years in jail, license revoked for at least 18 months.
DWI by a Drug or DWAI by a Drug
- First Offense – Fine of $500–$1,000, up to one year in jail, and license revocation for at least six months.
- Second DWI or DWAI-Drug Violation in 10 years (E felony) – Fine of $1,000 – $5,000, up to four years in jail, and a mandatory license suspension for at least one year.
- Third DWI or DWAI-Drug Violation in 10 years (D felony) – Fine of $2,000 – $10,000, maximum jail term of seven years, and mandatory license revocation of one year.
DWAI by a Combination of Alcohol/Drugs
- First Offense – Fine of $500 – $1,000, a maximum jail term of one year, and license revoked for at least six months.
- Second Offense (E Felony) – Fine of 1,000 – $5,000, maximum jail term of four years, and mandatory license revocation for at least one year.
- Third Offense Within 10 years (D felony) – Fine of $2,000 – $10,000, maximum jail term of seven years, and license revoked for at least one year.
Zero Tolerance Law
- First Offense – $125 civil penalty fine and $100 fee to terminate suspension and a mandatory license suspension for six months.
- Second Offense – $125 civil penalty fine and $100 re-application fee with license revoked for at least one year or until age 21.
Chemical Test Refusal
- First Offense – $500 civil penalty fine ($550 for commercial drivers) and automatic license suspension for at least one year (18 months for commercial drivers).
- Chemical Test Refusal Within Five Years of a Previous DWI-Related Charge/Chemical Test Refusal – $750 civil penalty and license revoked for at least 18 months. If the driver is under 21, license suspension is one year or until age 21. Permanent CDL revocation for commercial drivers.
Chemical Test Refusal – Zero Tolerance Law
- First Offense – $300 civil penalty fine and $100 re-application fee, license revoked for at least one year. The civil penalty increases to $750 for second and subsequent offenses.
Why Choose Schalk, Ciaccio, & Kahn?
If you need a DWI attorney, we are a skilled and experienced legal team who will fight diligently to protect your rights and reputation. Here’s why Schalk, Ciaccio, & Kahn is the right choice for your defense:
- Decades of Combined Experience – We’ve successfully defended clients in hundreds of criminal cases.
- Deep Knowledge of NY Driving Laws – Our attorneys understand the complexities of DWI violations and penalties.
- Unique Perspective as Former Prosecutors – Having prosecuted cases in the past, we can counter every angle of the state’s case against you.
- Comprehensive Legal Defense – We craft customized strategies to address every detail of your case.
- Free Consultations – Learn how we can help, with no obligation
Contact Us for a Consultation
Being charged with driving with alcohol or drugs in your system is a serious matter. With a Long Island, NY and Nassau County DWI defense lawyer from Schalk, Ciaccio, & Kahn on your side, you won’t have to face these accusations alone. Penalties from a first offense are enough to cause reputation and employment hardships and repeat offenders face even harsher penalties that multiply, depending on the number of previous convictions and the time of the charges. The sooner you act, the quicker we can start putting together your defense strategy and ensure your rights are protected. Contact us today for a free, confidential consultation.