Long Island Criminal Lawyer: DWI

Working as a Long Island criminal lawyer, I constantly hear about celebrities being arrested for driving while intoxicated (DWI), driving under the influence (DUI), or driving impaired due to drugs and alcohol (DWAI).

But what happens when you get pulled over for suspicion of these crimes? You might be subjected to a Breathalyzer test to determine your level of intoxication. You may have to take a field sobriety test.

If you refuse to take these tests you are automatically found guilty. And in other cases, you may seem perfectly coherent, passing a field sobriety test, but if you fail the Breathalyzer test by blowing anything above a .08 (the legal limit) you are also automatically found guilty based on New York State's per se laws.

If for any reason you are found guilty of a DWI, DUI or DWAI by the officer that pulled you over, you will be arrested and have to go to court for sentencing.

What does this mean? The ramifications of a first time DWI include up to a year in jail, a fine between $500 to $1,000 and a minimum of six months of your license being suspended. Sometimes a DWI, which usually is charged as a misdemeanor, can now be charged as a felony in the state of New York, which means you can serve more than a year in a jail. With every DWI, DUI, or DWAI that an individual may have, the punishment becomes more and more severe with a drastic increase in jail time as well as the amount in fines.

If you are arrested court is unavoidable and you don't want to be there alone. The first thing you should do after being arrested for any of these crimes is hire a criminal defense lawyer. A criminal defense attorney will help you either lessen the severity of sentence even if it's your second or third DWI and also help you maintain your driving privileges while you are being prosecuted.

Usually a criminal defense lawyer will launch a full investigation and look for the following things to aid in your defense; the arresting officer had no probable cause to pull you over, the Breathalyzer test wasn't given properly and/or wasn't calibrated correctly and the officer's opinion of your field test wasn't subjective.

If you have been arrested for a DWI, DUI, or DWAI and have an impending court date, it's extremely important that you hire a qualified criminal defense attorney to give you a multi-layered defense to help you in your time of need.