Driving under the influence is a serious offense that carries one year to several years in jail, hundreds to thousands in fines, and significant periods of license revocation. With the help of an experienced and knowledgeable Nassau County DWI lawyer, you will have a greater chance at arguing for a dismissal of your charges or at least a mitigation of your sentence. Attorney Gary S. Miller has been defending drivers against DWI charges for 30 years, and he has handled more than 20,000 driving-related cases.
Trust that the Law Office of Gary S. Miller is well-equipped to build a strong defense for you against your DWI accusations. Call (516) 489-3600 or contact our firm online to plan your unique defense today.
Mr. Miller is the best!! he perfectly handled my case and helped me. He is not an attorney who would be impossible to reach, but he will be helping out even after the case.Zülal K.
New York recognizes 5 specific categories of impaired driving based on how intoxicated you are and the substance affecting your driving ability:
- DWI (driving while intoxicated) – operating a vehicle with a blood alcohol concentration (BAC) of .08% or more (.04% for commercial drivers) or impaired to a substantial extent
- Alcohol-DWAI (driving while ability impaired) – operating a vehicle while your ability to drive reasonably and prudently has been impaired to any extent by alcohol
- Drug-DWAI – operating a vehicle while your ability to drive reasonably and prudently has been impaired to any extent by drugs
- Combination-DWAI – operating a vehicle while your ability to drive reasonably and prudently has been impaired to any extent by a combination of alcohol and drugs
- Aggravated DWI – operating a vehicle with a BAC of .18% or higher or driving intoxicated with a passenger who's 15 years old or younger
Jail Time, Fines, and License Revocation
The penalties upon conviction could range from jail time to hundreds in fines and a period of license revocation. The specific sentence will depend on whether you have any prior offenses and the type of DWI. In particular, DWI, drug-DWAI, and combination-DWAI offenses are punishable by the following:
- 1st offense – 1-year maximum jail time; $500-$1,000 in fines; 6-month license revocation
- 2nd offense – 1-4 years in jail; $1,000-$5,000 in fines; 1-year license revocation (if prior offense was within 10 years)
- 3rd offense – 1-7 years in jail; $2,000-$10,000 in fines; permanent license revocation (if prior offenses were within 4 years)
Alcohol-DWAI offenses are punishable in the following ways:
- 1st offense – 15-day maximum jail time; $300-$500 in fines; 90-day license revocation
- 2nd offense – 30-day maximum jail time; $500-$750 in fines; 6-month license revocation
- 3rd offense – 180-day maximum jail time; $750-$1,500 in fines; 6-month license revocation
If you have been arrested for a DWI in Nassau County, the first thing you should do is contact an experienced defense lawyer. Time is of the essence when it comes to DWI, as the faster you put an attorney on your case, the quicker we can resolve your case with the available evidence. Attorney Gary S. Miller has been defending clients against driving-related offenses for decades, and he will do his best to champion a dismissal or at least argue for reduced charges.
- Spanish Speaking Services Available
- Over 30 Years of Experience
- Focused on Traffic Defense
- Over 20,000 Cases Reduced or Dismissed
Note that, like many states, New York implements “implied consent” laws that specifies that any driver is deemed to have impliedly consented to chemical testing upon suspicion for DWI. Chemical tests, such as breath, blood, urine, and saliva tests, are used by law enforcement to determine the presence and amount of alcohol and/or drugs in the driver's body. As long as an officer has reasonable grounds to believe a person was driving impaired within the last 2 hours, they can request the driver submit to a DWI chemical test that may be used in court.
Drivers can technically refuse to submit to testing, but they will face penalties for doing so, depending on whether they have refused before:
- 1st refusal – minimum 1-year license revocation and $500 civil penalty, as well as a $250 Driver Responsibility Assessment annual fee for 3 years and a $100 license reinstatement fee
- 2nd refusal (within 5 years) – license revocation of at least 18 months and a $750 civil penalty, as well as Driver Responsibility and reinstatement fees as with a first refusal
- Habitual violations (3 or more refusals in 4 years or 4 refusals in 8 years) – indefinite revocation, as well as the associated fees and a $750 civil penalty