Nassau County DUI Attorneys

New York classifies drunk driving offenses into five different categories depending on the circumstances and severity of the incident:

• DWI (driving while intoxicated) – operating a vehicle with a blood alcohol concentration (BAC) of .08% or more (.04% or more for commercial drivers) or otherwise while impaired to a substantial extent
• Alcohol-DWAI (driving while ability impaired) – operating a vehicle while the ability to drive as a reasonable and prudent person has been impaired to any extent by alcohol consumption
• Drug-DWAI – similar to alcohol-DWAI, this is operating a vehicle while the ability to drive as a reasonable and prudent person has been impaired to any extent by drugs
• Combination-DWAI – a combination of alcohol-DWAI and drug-DWAI, or operating a vehicle while the ability to drive as a reasonable and prudent person has been impaired to any extent by a combination of alcohol and drugs 
• Aggravated DWI – operating a vehicle with a BAC of .18% or higher or driving intoxicated with a passenger who is 15 years old or younger

For legal support in your Nassau County DUI defense, contact Ladis & Baldwin Law Group today. Free consultations available.

If you have been arrested for driving under the influence, the most important asset right now is a knowledgeable DUI defense lawyer. Our attorneys at Ladis & Baldwin Law Group have handled hundreds of DUI cases in the past and bring unique former prosecutorial experience that can prove advantageous to strategizing a defense. Additionally, New York law has undergone significant changes within the past year, and our lawyers have kept closely up to date with these changes and are intimately familiar with the new criminal system.

Penalties – Jail Time, Fines, and License Suspension

The penalties for intoxicated driving will depend on the type of DWI above, as well as whether you have any prior convictions for DWI. Note that there are specific “look-back” periods for DWI offenses, which determine time periods within which convictions have occurred in order to be counted as prior convictions. The look-back periods in New York depend on the circumstances of the offense, and they will range from 4-25 years.

Different categories of DWI will result in different penalty ranges. DWI, Drug-DWAI, and Combination-DWAI offenses are charged as misdemeanors for first offenses and felonies for subsequent convictions that occur within 10 years. Convicted drivers could face the following sentencing:

• 1^st offense – up to 1 year in jail; $500-$1,000 in fines; 6 months of license revocation
• 2^nd offense – 1-4 years in jail (5-day minimum if previously convicted within 5 years); $1,000-$5,000 in fines; license revocation for 1 year (if previously convicted within the last 10 years)
• 3^rd offense – 1-7 years in jail (10-day minimum if previously convicted within 5 years); $2,000-$10,000 in fines; permanent license revocation (if previously convicted within 4 years)

First and second convictions (within a 5-year look-back period) for Alcohol-DWAI are infractions, while subsequent convictions (within 10 years) are charged as misdemeanors. Alcohol-DWAI offenses are penalized by the following:

• 1^st offense – up to 15 days in jail; $300-$500 in fines; 90 days of license revocation
• 2^nd offense – up to 30 days in jail; $500-$750 in fines; 6 months of license revocation
• 3^rd offense – up to 180 days in jail; $750-$1,500 in fines; 6 months of license revocation