Are you reading this because you’ve been recently pulled over for driving while intoxicated? You’re doing good, because it always pays to know what you’re in for.
A DWI charge can come at you anywhere in the United States (and beyond) for not following standard procedure—and be warned, it’s not a light charge, no matter where you are.
Additionally, there are things you can do that are bound to make it worse, and your best bet is to know exactly all that’s involved in this tricky situation.
Who’s Who
You’ll be pulled over by the police, either because your driving was off and clearly indicative of drunkenness or because the police suspect it. Depending on where you are at the moment, you can be accosted by the Suffolk or Nassau County Police Departments or the State Police in New York. The prosecution comes from the DA in Suffolk (or Nassau) County and the hearing is in a corresponding court.
What Does the Law in New York Say?
According to the law in New York, you can land yourself with a DWAI—Driving While Ability Impaired—when you are found with alcohol levels 0.05 to 0.07. Going further up, with alcohol levels 0.08 means you have yourself in trouble, and that you’ll land with a DWI charge.
Going even further up, to having a criminal alcohol level 0.18 in your bloodstream, means you’ll end up with a far worse charge—that is the AGG-DWI, or the Aggravated Driving While Intoxicated.
This is obviously the phase where you are most likely to hurt or mortally injured someone, and are a threat to public safety. The penalties for each charge vary depending on their severity, and can swerve if you are below 21 years of age or have had multiple prior offenses.
Being Arrested
When someone is pulled over for questioning, the first thing officers do is observe your behavior while asking you several questions. What they’re doing is trying to determine if you’re sober. There’s a good likelihood that they’ll ask you to do sobriety tests, which you are at liberty to refuse.
However, in the event that the officer places you under arrest for suspicion of being intoxicated, they’ll ask you to submit samples (blood, saliva, or urine) for chemical tests. You cannot refuse these tests, and if you do refuse to provide a sample, you’ll be in far worse trouble with the law enforcement agencies.
Your license will be revoked and you will be fined $500. First time DWI offenses have fines ranging between $500 and $1,000 and jail time of up to a year. In addition to the revoking of your license (for at least 6 months) you can also be subject to ignition interlock.
Arrests mean you’ll have a record and will have to pay bail to be discharged.
Facing a DWI Charge?
DWI charges can be emotional and troubling experiences, especially if you are facing them for the first time. Don’t let these overwhelming experiences bog you down, and reach out to the Law Offices of Norley E. Castañeda in Central Islip today. Only an experienced lawyer can help you out of this situation swiftly and surely.