Hempstead DWI Lawyer

Serving Drivers in Nassau & Suffolk Counties, Queens, Garden City, Freeport, & Uniondale

Being pulled over and arrested for drunk driving can be a humiliating experience. You may feel that you have little chance of receiving a favorable outcome due to the evidence that the state has against you in the form of breath or blood tests. However, you have legal rights that allow you to defend yourself in court. Furthermore, many aspects of DWI arrests and charges can be explored for improper procedure, legal mistakes, faulty equipment and/or its use, and more that can make these arrests invalid. 

New York DWI laws and the investigations into their violations are complex. You will need a seasoned criminal defense lawyer who understands the laws and knows what to look for when investigating the facts and circumstances of your case. The Law Office of Stuart A. Kanoff & Associates has been defending clients in cases of DWI charges since 1998. Our team is highly knowledgeable of the laws, how the courts operate in these cases, and how to aggressively defend clients in search of optimum results. 

DWI in New York

New York categorizes drunk driving in the following ways:

• DWI: This involves driving with a blood alcohol concentration of .08% or higher. You can also be charged with this if you are impaired to a “substantial extent,” regardless of your BAC.
• Driving While Ability Impaired (DWAI) Alcohol: This means driving while your ability is impaired from alcohol. You can be charged with this if you were impaired to “any extent.”
• Driving While Ability Impaired (DWAI) Drugs: This means driving while your ability is impaired by drugs to “any extent.”
• Driving While Ability Impaired (DWAI) Combination: This involves being impaired by a combination of alcohol and drugs to “any extent.”
• Aggravated DWI: This involves driving with a BAC level of .18% or higher or driving while intoxicated with a minor in the car aged 15 or younger. 

Each of the above offenses carries its own set of penalties. For example, Alcohol DWAI charges are considered infractions, while DWI, Drug DWAI, and Combination DWAI are charged as misdemeanors in first offenses. Subsequent offenses of these crimes are elevated to felonies. 

Typical penalties for these offenses (misdemeanor first offenses) include potential jail time of up to a year, fines ranging from $500 to $2,500 depending on your BAC level, a six-month license suspension, state surcharges, and the potential requirement of installing an ignition interlock device in your vehicle. Subsequent convictions will result in steeper penalties. A conviction can also result in increased auto insurance rates. 

DWI Defenses

Our DWI attorney in Hempstead can analyze many aspects of your case for defense purposes. This can include looking at whether probable cause existed for your arrest, why you were stopped in the first place, whether the breath or blood test was administered properly, whether your Miranda rights were violated, whether the breathalyzer was properly calibrated, whether law enforcement followed correct procedures and policies, and more. 

At The Law Office of Stuart A. Kanoff & Associates, we understand the impact that a DWI or other drunk/drugged driving charge can have on your life, from the substantial financial consequences to the loss of your license to a permanent criminal record. The first step in fighting back is to bring in a competent attorney from our firm who has the knowledge and experience to make a difference in your case. 

Arrested for drunk and/or drugged driving? Book a free initial consultation with a Hempstead DWI attorney. Contact us online or at (516) 447-8009 to get started. Hablamos español.