Nassau County DWI Defense Attorney

Nassau county DWI defense attorneyIn recent years, New York’s courts have expanded their interpretation of the state’s DWI laws. DWI today means much more than just driving home after drinking too much. In Nassau County, a DWI can include:

  • Operating farm machinery
  • Driving a horse-drawn carriage
  • Riding a bicycle
  • Sleeping in your parked car
  • Operating a boat
  • Flying an airplane
  • Walking home, and more

Police officers are more likely to pull you over if your lights don’t work, you toss cigarette butts out the window, you have a license plate violation, or you have dark tint film on your car windows. To avoid trouble, make sure that everything on your car is in order so police officers do not pay more attention to you. Once a police officer pulls you over, they could suspect that you have been drinking and driving and ask you to step out of the car for a field sobriety test.

It doesn’t matter whether you’re speeding down the highway, swerving off a dirt road on your bicycle, or even if you’re pulled over for a bad brake light; if a police officer in Nassau County thinks you’re driving while intoxicated, you could lose your savings, your job, your driving privileges, even your freedom. Where can you turn for help?

If you face a DWI charge in Nassau County, the Nassau County DWI defense attorneys with the Mirsky Law Firm can help you. With the risk of jail time and worse if you’re convicted, it’s imperative to have a good Nassau County DWI defense attorney working beside you, someone who will secure your legal rights while working for the best possible outcome for your case. David Mirsky is an experienced Nassau County DWI defense attorney with an extensive history of successfully defending DWI clients. David works diligently to discredit the prosecutor’s case and to defend your rights. He evaluates the key elements in the case and considers the most effective defense strategies. He will ask the police why they stopped you and what they saw. He may try to discredit the field sobriety exam or any blood, breath, urine, or field sobriety tests that you were given. David Mirsky will find a defect in the prosecutor’s case against you, and he will use it to help clear your name.

Blood Alcohol Content Testing

If you are suspected of drunk driving, you may be subject to taking a blood alcohol content test.  It is important to understand what types of tests you may be asked to take, which are considered more accurate, and how they work in providing results.

There are three main tests that are used:

  • Blood— Considered the most accurate, as it takes a direct measure of the alcohol level in the blood.
  • Breath— Gives an indirect BAC level, then uses a calculation to determine the alcohol content of the blood.  The police may have you take the test 2-3 times for a consistent reading.  While the test can be inaccurate, it is considered acceptably accurate by the courts for the purpose of gathering evidence.
  • Saliva—Test strips are used to determine the amount of alcohol in the saliva, then compared with a color chart for the reading.

It’s not a good idea to refuse the test.  New York has an implied consent law that basically states if you are lawfully arrested by an officer who has probable cause in assuming you are driving while intoxicated, that you will submit to a BAC test of the officer’s choosing. If a driver who is over 21 refuses to take a chemical test, that driver can be fined $500, and his or her driver’s license can be revoked for a year or more. A commercial driver can be fined $550, and a commercial driver’s license can be revoked for 18 months or beyond. If the driver is under 21, the state’s zero tolerance laws apply. A driver under 21 who refuses to submit to a chemical DWI test can be fined $300, can face a driver’s license revocation of a year or more, and must also pay a mandatory reapplication fee of $100.

An officer cannot technically force you to take a blood test, but in a situation that has caused injury or death to another person, the officer will be able to obtain a court order to get that test done.

Impaired Driving Crimes

You already know that driving while intoxicated is a crime. Your judgment, coordination, and ability to drive are reduced when you drink any amount of alcohol. There is no quick way to get sober. You simply have to wait until your body absorbs the alcohol. Thus, if you plan on driving, don’t drink, and if you plan on enjoying several drinks, call a taxicab or a car service or arrange to have a designated driver. If you’re charged anywhere in Nassau County with DWI or any of the other crimes listed here, immediately contact an experienced Nassau County DWI defense attorney. Here are the specific charges that can be filed against impaired drivers in New York:

  • Driving While Intoxicated (DWI): To be charged, you must register a 0.08 percent or higher blood alcohol content (BAC) level, or there must be other evidence of intoxication. For drivers of commercial vehicles, the legal limit is a 0.04 percent or higher blood alcohol content (BAC) level.
  • Aggravated Driving While Intoxicated (Aggravated DWI): To be charged, you must register a 0.18 percent or higher BAC level.
  • Driving While Ability Impaired by Alcohol (DWAI/Alcohol): To be charged, you must register a BAC level higher than 0.05 percent but below 0.07 percent, or there must be other evidence of intoxication.
  • Driving While Ability Impaired by a Single Drug other than Alcohol (DWAI/Drug) or Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol (DWAI/Combination).
  • Chemical Test Refusal: Refusing to take a chemical DWI test.
  • Zero Tolerance Law: To be charged, a driver under 21 must register a BAC level higher than 0.05 percent but below 0.07 percent.

Penalties for a first offense-DWI in New York can include fines from $500 to $1,000, up to one year in jail and three years of probation, a yearly $250 “driver responsibility assessment” fee for three years, and attendance at a victim-impact panel. Along with these penalties, your driver’s license may be revoked for six months; however, in some cases you may be allowed to obtain a conditional driving permit (for driving to and from work, school, and court-ordered obligations).

However, if your BAC level measures 0.18 percent or higher – more than double the legal limit – you can be charged with “aggravated” DWI. If convicted, the fine can go up to $2,500, your license can be revoked for a full year, and after a year in jail you could serve an additional three years on probation.

You may also be enrolled in the Drinking Driver Program. For drivers who need a conditional license (or a conditional privilege if your license is out-of-state) after a DWAI, DWI, or any other alcohol-and-driving-related conviction, DDP completion is mandatory. The DDP is also required for a driver to regain full driving privileges after the sentence is completed. The DDP is one of a variety of tools that New York courts have available if you’re convicted of DWI or DWAI.

If you or someone in your family is charged with any of these crimes, get legal help fast. Contact an experienced Nassau County DWI defense attorney as quickly as possible.

When your future is at stake, don’t take a chance with an untested attorney or a public defender. You need a skilled Nassau County DWI defense attorney backed by savvy colleagues who are effective both in and out of the courtroom. The Mirsky Law Firm has the legal skills and the record of success you need if you are charged with DWI in Nassau County. With more than twenty years of practicing criminal law in Nassau County courts, David M. Mirsky has the stature and knowledge to fight your charges effectively. Our team of veteran Nassau County DWI defense attorneys has more than eighty years of combined experience, and we’re well-known for our willingness to fight aggressively. We’ll work to have your DWI charge reduced or dismissed, but we don’t simply take what the courts offer; we’ll fight for you all the way to trial if necessary.

Hire A Nassau County DWI Defense Attorney

Any young lawyer can develop a defense strategy, but you need an experienced Nassau County DWI defense attorney with expertise and proven skill at winning DWI cases. Selecting the right DWI defense attorney will significantly affect the outcome of your case. In the long term, a DWI conviction can negatively impact your employment and housing opportunities, your driving privileges, and other important parts of your life. If you’re charged with DWI in Nassau County, the best option for legal representation is the Mirsky Law Firm. Call us today or fill out the form in the left column on this page, and we’ll set up a free consultation to discuss the details of your case and the best course of legal action. Don’t risk your freedom. Contact the Mirsky Law Firm at 516-299-6187 or 888-999-7152 today.