Nassau County’s Premier DWAI | DWI Defense
Driving while intoxicated (DWI) and driving while ability impaired (DWAI) describe the act of operating a vehicle under the influence of alcohol or other chemical substances. In New York, your blood alcohol content (BAC) must be at or above the legal limit, or your driving abilities must be otherwise impaired, to be charged with these offenses.
Expert DWAI | DWI Defense Services
At The Law Office of Steven S. Siegel, PLLC, we specialize in providing comprehensive legal defense for those charged with DWAI/DWI in Nassau County and surrounding areas. Our experienced attorneys work tirelessly to help you achieve acquittals or favorable dispositions.
Understanding Blood Alcohol Content (BAC)
Blood alcohol content (BAC) measures the amount of alcohol in your bloodstream. In New York, a BAC of 0.08% or higher constitutes a DWI offense. Law enforcement uses this measurement to assess your ability to drive safely.
Your Rights During DWAI | DWI Traffic Stops
If you’re pulled over for suspicion of intoxicated driving, remember you have rights:
- Right to Remain Silent: Except for showing your driver’s license, registration, and proof of insurance, you are not obligated to answer questions.
- Right to Leave: If you are a passenger, you can leave unless detained by police.
- Miranda Rights: If arrested, you have the right to remain silent and request an attorney.
- Local Phone Call: You can make a local phone call if detained.
Can I Refuse a Breathalyzer Test?
Yes, you can refuse a breathalyzer test, but this refusal carries consequences such as:
- License Suspension: Your driver’s license may be suspended or revoked.
- Potential Jail Time: You might face jail time even without a breathalyzer result.
- Continued Charges: You can still face DWAI/DWI charges based on other evidence.
Refusing a test can lead to a hearing and provide insight into the District Attorney’s case. Discuss your options with an attorney before making this decision.
Field Sobriety Tests (FSTs)
Standardized Field Sobriety Tests (FSTs) help police determine intoxication and include:
- Horizontal Gaze Nystagmus Test (HGN Test)
- One-Leg Stand Test (OLS Test)
- Walk-and-Turn Test
Non-standardized tests, such as the finger-to-nose test or alphabet test, are less reliable and typically inadmissible as evidence.
Refusing Field Sobriety Tests
Refusing FSTs is allowed, but it may lead to further testing requests or be used as evidence of intoxication in court. Unlike breathalyzer refusal, it generally carries fewer direct consequences.
License Suspension or Revocation After DWAI/DWI Arrest
Two types of suspensions exist:
- Administrative Suspension: For refusal to test or BAC over the limit, resulting in immediate suspension.
- Criminal Conviction Suspension: Post-conviction suspension or revocation, varying by offense severity and history.
Post-Arrest Procedures
After a DWAI/DWI arrest, you’ll face:
- Administrative Hearing: Potential civil penalties like license suspension.
- Criminal Process: Possible conviction and penalties, including fines, imprisonment, and ignition interlock device installation.
Auto Insurance After a Conviction
Securing auto insurance post-conviction is possible but often with significantly higher rates, especially after a first conviction.
Winning a DWAI/DWI Trial
Achieving an acquittal involves understanding the technicalities of sobriety tests and constitutional rights. An experienced attorney can challenge unreliable evidence and identify rights violations to dismiss charges or secure an acquittal.
Pleading Guilty: Should You?
Pleading guilty at arraignment may seem quicker but forfeits your defense options and plea deals. Consult an attorney to explore the best strategy for your case.
Need a Drunk Driving Lawyer in New York?
Fighting DWAI/DWI charges requires legal expertise in vehicular law and scientific evidence. Our experienced attorneys at The Law Office of Steven S. Siegel, PLLC provide the necessary skills to defend your case effectively.
Cost of a DWAI/DWI Defense Lawyer
Costs vary based on factors like case complexity, plea deals, and trial requirements. Expect fees from $5,000 to $15,000+, with experienced lawyers offering better outcomes.
Contact a DWAI/DWI Defense Attorney Today
For expert defense, contact The Law Office of Steven S. Siegel, PLLC at 1-833-239-4529 to schedule a consultation. Our team will provide honest advice and robust defense for your case.
Areas of Expertise
- DWAI | DWI
- Ignition Interlock Devices
- One-Leg Stand Test
- Blood Test
- Breath Test
- HGN Test
- Walk and Turn Test
- Urine Tests
- Vehicular Crimes
About Us
We have the expertise you need. The Law Office of Steven S. Siegel PLLC is focused on providing professional and effective representation tailored to your needs.
Criminal Offerings
Contact Us
- Phone: 1-855-DWI-24HRS | 1-855-394-2447
- Email: steven@dwilawteam.com
- Address: The Law Office of Steven S. Siegel PLLC, 626 RXR Plaza, Suite 684, Uniondale, NY 11556
