CRIME PARTICULARS

THE CHARGES

OBTAINING TEMPORARY LICENSE

DRIVER REHABILITATION PROGRAM

COMMUNITY SERVICE and DRIVING COURSE

VEHICLE FORFEITURE

TWO DRINKS ARE IMPAIRED AND THREE ARE INTOXICATED

CRIME PARTICULARS

Most people realize that driving while impaired or intoxicated is deadly in many cases, and that causes many deaths, and especially within the younger population. 

In response to the alarming and increasing number of serious accidents and deaths in DWI related cases, the District Attorneys office in both Nassau and Suffolk Office are taking a hard line for even first offenses.

The most recent policy in DWI cases is that a first time violator of a certain blood alcohol content (BAC”)  or if they refused a breathalyzer to accept a crime on their permanent record for a first time arrest.  The sentence is at least 3 years probation for the first offense.

It is therefore imperative to retain competent counsel to obtain the best possible resolution of your criminal charges.   

  

THE CHARGES

§1192 Operating a motor vehicle while under the influence of alcohol or drugs.

§1192(1) This Subsection is driving while impaired when the Blood Alcohol Content (BAC) is between .05 and .08.  This is a violation charge, and as a result, is the most desirable and common plea in this section.

Penalties for 1192(1): 


Jail time of up to 15 days.

Fine of $300.00 to $5,000.00.

License is suspended for 90 days from the finding of guilt.

Second offense within five years increases Jail time up to thirty days, Fine from $500.00 to $750.00 and driver’s license suspension to 180 days from the finding of guilt.

Third offense within five years increases Jail time up to 180 days and Fine from $750.00 to $1,500.00 and driver’s license suspension to 180 days from the finding of guilt.

§1192(2)         
This Subsection is driving while intoxicated based upon a breathalyzer or blood test reading of over .08%. 

§1192(3)         
This Subsection is driving while intoxicated based on the police officer’s observations, and known as common law intoxication.  They are usually the same because the officer is taught at the police academy on what case law             finds will be required to establish this charge, such as driving erratically, blood-shot eyes, smell of alcohol, slurred speech and unsteady gait.

 §1192(4)        
This Subsection is driving under the influence of drugs and proved by either the defendant’s statement or confession, or by a blood test. 

Penalties for §1192(1-4):         
Jail time of up to one year.

Fine of $500.00-$1,000.00.

Driver’s license suspended for 180 days from the finding of guilt.

Probation for a period of (3) three years.

Seizure of vehicle

Mandate of a driving device on the vehicle

Second offense within ten years as a class E felony increases Jail time increases from 1?to 4 years and Fine of $1,000.00 to $5,000.00.

Third offense within ten years as a class D felony increases Jail time from 2? to 7 years and Fine from $2,000.00 to $10,000.00

OBTAINING TEMPORARY LICENSE

For any of the above offenses, the arraigning judge will suspend the defendant’s license while the case is pending.  After thirty (30) days, you may apply for a conditional license with the Department of Motor Vehicles in order to drive under certain circumstances.  If you need to drive within that thirty (30) day period, we may request and hold a hardship hearing.  If we can prove to the judge that it is an extreme hardship for you to be without a license, they may issue a hardship license. 

A hardship license This will normally allow you to drive during a narrowly defined time period going to and from work or school.  You will need to bring with you proof of your time schedule such as a letter from your employer or class schedule and be able to show that there is no bus or train that runs for these locations or time periods, that no one can drive you there from your residence or work, and that a taxi would be cost prohibitive. 

DRIVER REHABILITATION PROGRAM

After received a conviction in New York State to any of the above offenses including the lowest violation charge, you are eligible to enroll in the Driver Rehabilitation Program with the Department of Motor Vehicles.  In fact, many judges require that you enroll and complete such program as part of the sentence.  Successfully completing it will allow you to drive and obtain your license privileges back before the statutory required suspension.

COMMUNITY SERVICE and DRIVING COURSE

To obtain a plea bargain, the District Attorneys Office usually requires pre-plea community service in Suffolk County.  In Nassau County, a mandatory Drunk Driving Course is imposed along with the sentence.   The only notable exception is incarceration.

ADVICE NOTE:  If you were every arrested for a charge under this section or believe that your Blood Alcohol Content is over .015% DO NOT TAKE THE BREATHALIZER.  Both Nassau and Suffolk Counties will not plea bargain even a first offense with a BAC reading of twice the normal limit.  The penalty for refusing is a mandatory 6 month license suspension but your license will be suspended during the first court appearance (the arraignment) and the average case takes at least this time anyway.  The benefit is that the District Attorneys Office will usually offer a violation plea if it is a first offense.  If it is not the first offense, there is about a three times more likelihood that the prosecution will not be able to prove beyond a reasonable doubt that the person was intoxicated.

VEHICLE FORFEITURE

The vehicle a defendant was driving while arrested is subject to seizure by that county as an instrument used in the commission of a crime.  Often times, though, the vehicle is not seized if it is leased, owned by another person or there is a substantial loan still owed.  A seizure action is entirely unrelated to the criminal action, but the proceeding will not usually start until after the status of the criminal action is resolved.  

TWO DRINKS ARE IMPAIRED AND THREE ARE INTOXICATED

A 150lb male will receive a BAC of .04 per drink.  Therefore, he would be under the influence with 2 drinks in their system and intoxicated with only 3 drinks.  On the average, this person will metabolize about 1 drink per hour.  For example, a 150lb male drinking 4 drinks in a two hour period (4-2=2) is borderline under the influence.