DWI

An alcohol related driving offense in Southampton can be a violation, a misdemeanor or a felony.

Driving While Intoxicated involves operating a motor vehicle with a blood alcohol level of .08 or higher.   Driving while intoxicated may be either a misdemeanor or a felony. First time DWI’s are charge as misdemeanors. Those with previous convictions for driving while intoxicated within the last 10 years, will usually be charged as Felony DWI.
 A person can also be charged with driving while intoxicated even when the police are unable to obtain a blood alcohol level, such as in the case when a defendant refuses to take a breathalyzer test. In this situation, the police may charge you with driving while intoxicated based on other factors that establish intoxication such as blood shot eyes slurred speech, and smelled of an alcoholic beverage on the breath.

Aggravated Driving While Intoxicated ( VTL 1192.2A) involves operating a motor vehicle with a blood alcohol level of .18 or higher.

A motorist may be charged with Driving While Ability Impaired Due To Drugs ( VTL 1192.4) as well as Driving While Ability Impaired Due To A Combination Of Drugs And Alcohol ( VTL 1194.A).

Driving While Ability Impaired  ( VTL 1192.1) by the consumption of Alcohol is a lesser charge and involves situations where the blood alcohol level is .05 or greater, and less than .08.  Driving While Ability Impaired by the consumption of Alcohol is a violation unless there is a prior conviction for driving while impaired or driving while intoxicated within 5 years of the new charge, in which case it could be a misdemeanor.

How a DWI affects your license.

If you have been charged with Driving while intoxicated as a misdemeanor and you took the breath test, the court will still suspend your privileges to drive for 30 days from the date of the arrest.  If you had a valid New York State driver's license at the time of the arrest you may be eligible for a hardship license.  The court would conduct a Hardship Hearing and under certain circumstances issue a Hardship Privilege permitting you to drive to and from your place of employment, to and from school, and/or to and from medical appointments. A hardship license will only permit you to drive during specified times of the day during the hardship license period which is for 30 days. When the 30 day period is almost over, you should receive a letter from DMV advising that you may go to New York DMV and apply for a new license.  Upon conviction of an alcohol related offense, there will be additional suspensions and/ or revocations on the license. Also, there is a recent trend in Suffolk County on cases involving higher blood alcohol levels, such as in cases where the motorist has been charged with aggravated DWI, and placed on probation, for the sentencing judge to require the approval of probation before allowing the motorist to obtain his or license back.

In addition, recent changes in the law now require motorist convicted of driving while intoxicated, to install an ignition interlock device in any vehicle owned or operated by the motorist for a certain period of time. The interlock device requires the driver to blow into the device to confirm that he or she has consumed alcohol.

If you have been charged with Driving While Intoxicated as a misdemeanor, and it is alleged that you refused to take a breath test, the court will suspend your license at arraignment, pending a refusal hearing at DMV.  If you fail to show for the refusal hearing or you lose the hearing, your license will be revoked for a minimum 6 months, or 1 year for those under the age of 21 and a civil penalty of at least $300.00.

NO ONE SHOULD EVER PLEAD GUILTY TO A DWI
WITHOUT FIRST CONSULTING WITH AN ATTORNEY

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