Nassau County DWI Attorneys
If you are charged with a DWI, the penalties can be steep. If convicted in New York, you will face a substantial fine, a mandatory surcharge, license revocation, higher insurance premiums and a possible jail sentence.
At Lerner & Lerner P.C., we represent people facing the misdemeanor and felony charges of driving while intoxicated (DWI), aggravated driving while intoxicated (A-DWI), driving while ability impaired by drugs, driving while ability impaired by a combination of drugs and alcohol (DWAI), and driving while impaired (DWAI).
Many people believe that DWI charges are indefensible because the prosecution has proof in the form of a Breathalyzer or other chemical test. In actuality, there are many important questions to ask, including:
- Was there a reasonable suspicion for the initial traffic stop?
- Was there a probable cause for an arrest?
- Did the officer properly administer a breath or blood test?
- Was there a violation of your Miranda rights?
- Did the officer follow mandated policies and procedures?
Nassau County Drunk Driving Defense Lawyers
Richard W. Lerner and Kimberly D. Lerner are seasoned defense lawyers who understand how important it is to fight drunken driving charges. We believe that rather than punishment, oftentimes there are more effective long-term strategies, including treatment programs (OASAS certified) www.oasas.stateto help clients avoid problems in the future and to lessen penalties attached to their DWI charges. We will ensure that the police followed all the required procedures throughout the process and will accompany you to all court appearances and hearings.
Since Leandra's Law was enacted in 2009, driving drunk with a person age 15 or younger in the vehicle is an automatic felony. If convicted under this new law, individuals face a prison sentence up to four years and a fine of $1,000-$5,000. All people convicted of a DWI (including first-time offenders) now have a mandatory ignition interlock requirement. This means a device will need to be installed in your vehicle for at least six months, your license could be revoked for six months to year depending on what you plead to, and you will be reported to the Statewide Central Register of Child Abuse and Maltreatment.
Refusal Hearings
Loss of driver's license — Our DWI/DUI attorneys in Nassau County come to your aid whether there is a Blood Alcohol Content ("BAC") reading or you are charged with a refusal.
If you failed a breath, blood or urine test during an arrest for drunk driving in Nassau, Suffolk or any other New York County, your license will be suspended at arraignment (as long as the court has a BAC reading). If you refused to submit to a test for BAC or drugs, the State of New York will initiate a second proceeding against you, which seeks to administratively suspend your driver's license. (This is a hearing at the Department of Motor Vehicles, which is separate from the criminal case.)
A refusal hearing must be scheduled within 10 days of your arraignment. You will be given a date for the refusal hearing, where you can challenge the case and attempt to keep your driving privileges. If you do not appear at the hearing, you will automatically lose your license. It is important to be represented at a refusal hearing. The discovery obtained at these hearings can be a very valuable tool for a Nassau County criminal lawyer defending your case. If you are found guilty of refusing the test, there is an automatic one-year revocation of your license, with no eligibility of a conditional license.
Conditional License
After the arraignment, you may be eligible for a conditional license. The judge has the option of suspending your license pursuant to VTL section 510 (3a), which means he or she has not allowed you to obtain a conditional license. The only person who can lift this discretionary suspension is the judge who issued it. At Lerner & Lerner P.C., we know how important your license is, and we will do everything we can to ensure that you can get a conditional license. A hardship license may be available to you during the first 30 days after arraignment if you can show that there is an "undue hardship" and virtually no other way for you to get to and from work or school.
There are numerous costs associated with DWI offenses, such as a fee for a conditional license, ignition interlock, DMV assessment fees, Drinking and Driving Program (DDP), probation, pre-sentence investigation report (PSI), court fines and community service. At Lerner & Lerner P.C., we will go through these fees and what you can expect in months to come, so you can budget accordingly. We understand the anxiety that uncertainty causes, and we will go through the process step by step with you.
If you have been arrested in a drunken driving charge, contact a Nassau County, City of Long Beach DWI attorney today for a free initial consultation. 516-741-4100.
