A DWI charge in New York carries significant consequences, particularly for driving privileges. In a recent discussion, Long Island DWI lawyer Jason Bassett (https://www.jbassettlaw.com/what-happens-to-my-license-after-a-dwi-on-long-island/) of the Law Offices of Jason Bassett, P.C. outlined what individuals can expect regarding their license after being charged with driving while intoxicated on Long Island.
New York State treats alcohol and drug-impaired driving as a serious offense, imposing strict penalties depending on the specific charge. Long Island DWI lawyer Jason Bassett emphasized that the outcome of a case depends on the nature of the charges and the circumstances surrounding the arrest. “What you are charged with and convicted of will determine your penalties and what ultimately happens to your license,” Bassett explained. For those facing a DWI charge, seeking legal representation can be a critical step.
Long Island DWI lawyer Jason Bassett pointed out that navigating the New York’s DWI laws can be challenging without proper guidance. He noted that potential penalties include license suspension, revocation, fines, and even jail time. “Penalties for any drug or alcohol-related conviction include some loss of your driving privileges,” Bassett stated.
A DWI charge in New York is defined as operating a vehicle with a blood alcohol content (BAC) of 0.08% or higher. For commercial drivers, the threshold is lower at 0.04%. Other variations of impaired driving charges include Aggravated DWI, DWAI (Driving While Ability Impaired) by alcohol or drugs, and DWAI by a combination of substances. The penalties for a DWI conviction can significantly impact a person’s ability to drive. A first-time DWI offense results in a six-month license revocation. If a person is convicted of another DWI within ten years, the revocation period increases to at least 18 months. Aggravated DWI carries a minimum one-year license revocation, with subsequent offenses leading to even harsher penalties. A DWAI (Alcohol) charge results in a 90-day suspension for a first offense, and at least a six-month revocation for a repeat offense within ten years.
Beyond the immediate penalties, a DWI conviction remains on a person’s driving record for 15 years. This extended duration can lead to increased insurance rates and long-term consequences for employment and housing opportunities. “Keeping the conviction on your record for 15 years acts as a deterrent and potentially impacts various aspects of your life,” Bassett noted. For those holding a Commercial Driver’s License (CDL), DWI penalties can be even more severe. A CDL holder caught with a BAC of 0.04% or higher faces an automatic 18-month revocation for a first offense. Additionally, refusal to submit to a chemical test results in a $250 annual assessment fine for three years under New York’s Driver Responsibility Program. Before reapplying for a CDL, a driver must also pay a $550 civil penalty. Commercial drivers must also comply with federal regulations set by the Federal Motor Carrier Safety Administration (FMCSA). Violations can lead to permanent license revocation and impact future employment in the transportation industry.
Following a DWI arrest, a person’s license is typically suspended at their arraignment. If the individual pleads guilty, the suspension is delayed for 20 days, allowing them to enroll in the Impaired Driver Program (IDP). Completing this program can grant eligibility for a conditional license, enabling limited driving privileges for work or school. However, if the accused pleads not guilty, their license is immediately suspended for 90 days. A suspension review, known as a Pringle hearing, may be requested to challenge the suspension. If unsuccessful, the individual may apply for a hardship privilege license or a conditional license after 30 days.
New York enforces a Zero Tolerance Law for drivers under the age of 21. Any driver in this age group caught with a BAC between 0.02% and 0.07% faces a six-month license suspension. A second offense results in either a one-year revocation or a revocation until the driver turns 21, whichever is longer. This law aims to discourage underage drinking and driving while imposing strict consequences on young drivers. Cases under this statute are handled by the Department of Motor Vehicles (DMV) rather than the criminal courts.
Facing a DWI charge can be a complicated and stressful process. Jason Bassett stressed the importance of having a knowledgeable attorney who can assess the details of the case, challenge evidence, and develop a defense strategy. In some cases, legal representation can help reduce charges, minimize penalties, and secure hardship driving privileges. “A good lawyer will know the laws as they relate to a DWI stop, the rules surrounding a proper arrest, how to challenge the evidence, and the strategies required for a good defense,” Bassett stated. He also noted that having legal guidance from the start can make a significant difference in the outcome of a case. For those facing DWI charges on Long Island, consulting with an attorney can help navigate the legal process and work toward the best possible outcome. Jason Bassett has over 20 years of experience handling DWI cases and advocating for individuals in New York.
Legal challenges following a DWI charge can be challenging, but with the right legal support, individuals can better understand their rights and options. Those who have been charged with a DWI on Long Island can contact the Law Offices of Jason Bassett, P.C. for legal guidance.
About the Law Offices of Jason Bassett, P.C.:
The Law Offices of Jason Bassett, P.C. is dedicated to defending individuals facing criminal charges on Long Island, including DWI and DUI offenses. Led by Jason Bassett, the firm provides strategic legal representation, working to protect clients' rights and minimize the impact of criminal charges. With a strong understanding of New York’s legal system, the firm handles a range of criminal defense matters with a commitment to achieving the best possible outcomes.
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