Long Island DWI Defense Attorney
Driving While Intoxicated - New York - Suffolk County
Phone: 631-791-9693
|
Drunk Driving Terminology
|
Driving while intoxicated (DWI) is covered under the New York State Vehicle and Traffic Law Section 1192.1 through 1192.4. The first section states: that no person shall operate a vehicle when their ability to operate a vehicle is impaired by the consumption of alcohol. Previous language in this statute previously put driving while impaired in the .05 to .09 of one per cent blood alcohol level, but is now considered in the .05 to .07 blood alcohol level.
While driving while impaired can land you a $500.00 fine and a 90 day suspension, it is not a crime but instead a traffic infraction.
Driving while intoxicated can be charged under either (or often times both) VTL1992.2 or 1192.3. The first Statute makes it a misdemeanor to drive with a blood alcohol level of .08. While the second Statute is much more general and is proven by the observations of a police officer; refusal of the blood test to determine blood alcohol level, can be used as evidence against you in a driving while intoxicated charge.
VTL Section 1192.4 makes it illegal to drive while your ability is impaired by the use of drugs. Proof under this section can be from observations made by the police officer, admissions made by the motorist, evidence of drugs found on the motorist or in the vehicle, and evidence from breath, blood, or urine tests.
Whether it is under Sections 1192.2, 1192.3 or 1192.4, a conviction results in a six-month revocation of your license and is a crime punishable by up to 1 year in jail. Persons who have previously been convicted of these sections within 10 years will face upgraded felony charges, revocations for at least one year, and jail sentences up to 1 1/3 to 4 years. Forfeiture of the vehicle can also be a very harsh economic penalty available to the county in these cases as well.
DWI laws are being changed from state to state in attempts to crack down on the numbers. In 2000 alone, 1.5 million drivers were arrested for a DWI. That is approximately one DWI for every 130 licensed drivers. While a DWI can be a tragic occurrence, the law enforcement attempts to increase the number of penalties issued to DWI offenders may in fact result in improper investigation or procedure.
Every person accused of a DWI has rights and our criminal defense attorneys are dedicated to the protection of the rights of each individual. Attorney James McElhone has 18 years of criminal law experience preserving the rights of the individual and insuring a fair outcome.
Contact a Long Island DWI Defense Attorney
For more information on drunk driving and other traffic offenses, or to schedule a free confidential consultation with an experienced Long Island DWI defense attorney, please call us at 631-791-9693, e-mail us, or fill out our intake form on our Contact Us page.
Long Island attorneys Janine A. Barbera and James E. McElhone practice all aspects of Criminal law, including Drug Crimes, Juvenile Defense, White Collar Crimes, Property Crimes, DUI/DWI, Traffic Crimes, Misdemeanors, Felonies, Domestic Assault / Domestic Violence, Violent Crimes, and Sexual Assaults. The firm serves Miller Place and surrounding areas of Suffolk County, Long Island, including Rocky Point, Port Jefferson, Islip, Smithtown, Farmingville, Centereach, Selden, Bohemia, Stony Brook, Setauket, Holbrook, Coram, Middle Island, Medford, and Lake Ronkonkoma. The other practice areas include Family Law and Personal Injury.
