Can I Go to Jail for a DWI on Long Island?

Driving while intoxicated (DWI) is a serious offense in the state of New York and carries some serious penalties, including a criminal record. One of the most common questions we get with clients who are charged with a DWI after a drinking and driving incident is, ‘can you go to jail for a DWI?’

The short answer is yes, there is always a possibility that your offense could land you in jail. However, the likelihood of that happening will depend on the exact circumstances around your DWI charge.  Before you make any decisions about your case, it is important to speak with a highly rated Suffolk County DWI lawyer.

Penalties for DWI in NY

In the state of New York, the first DWI offense is considered a misdemeanor and under normal circumstances does not result in jail time. Subsequent offenses can be treated as felonies with more severe penalties.

That being said, under state law in New York any DWI conviction can result in jail time, regardless of the number of offenses committed.

The maximum jail time for DWI offenses in New York can be broken down as follows:

• 1st offense: Up to one year in jail
• 2nd offense within 10 years: Up to four years in jail
• 3rd offense within 10 years: Up to seven years in jail

As indicated above, the time between offenses will also play a part in the severity of your potential penalties. When there are multiple DWI offenses within a 10 year span, it becomes far more likely a defendant will receive a lengthy jail sentence.

Factors that determine jail time

When determining if jail time is an appropriate penalty for a DWI conviction, the judge will look at a variety of factors.
One of the major factors a judge will evaluate is the question: Is this a first offense or a repeated DWI conviction? In New York, a first time DWI offense usually does not result in any jail time (other than the time spent in custody between the arrest and the arraignment). Although subsequent offenses do have a greater likelihood for jail time, several other factors are also considered by the courts.

One factor that plays a major role in the length of your potential jail sentence is your blood alcohol content.

When your blood alcohol content (BAC) was below .08 percent, you’ll likely be charged with a DWAI (Driving While Ability Impaired), which carries comparatively lighter penalties. Driving with a BAC that is greater than .08 and less than .18 percent is considered a DWI. Those who blow greater than .18 percent will be charged with Aggravated DWI, which is an even more serious crime and could lead to a higher chance of you landing in jail.

The courts look at additional factors before deciding on a possible jail sentence. These include the presence of passengers in the vehicle at the time of the offense, if injuries were sustained and their severity, and if children were involved.

Hiring A Top First Time DWI Lawyer In Suffolk County

Jail time is not inevitable in a DWI conviction. A court will consider many factors before making a decision on every case. Having the right criminal defense attorney by your side can greatly reduce the chance of you serving any jail time for your first DWI offense or a subsequent offense. Anyone who is facing charges of Driving While Intoxicated of Driving Under the Influence should seek the legal advice of an experienced criminal defense attorney. If you are faced with a DWI offense and feel anxious about potential jail time, reach out to Jason Bassett and his team for a free initial consultation. Get the information and legal answers you are seeking by calling (631) 259-6060 today.

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6 Important Questions To Ask A Criminal Lawyer Before Hiring Them

If you have been charged with a criminal offense, one of the first things to consider is retaining a criminal defense lawyer. Deciding on who to hire takes careful consideration and assessment of relevant experience and qualifications. Below are 6 important questions you will want to ask before hiring a criminal defense attorney.

1. Do you offer a free consultation?

When you have been charged with a criminal offense, you should first speak with an attorney by phone or in person.  At times it is difficult to tell if a lawyer is right for you simply by looking at their website or speaking on the phone.  However, a phone consultation is an important first step to hiring a defense attorney.  Top defense lawyers often offer a free consultation, this helps the potential clients decide if the attorney is a good fit, and for the attorney to decide if they want to take your case.

To schedule a free consultation with top Suffolk County criminal defense attorney Jason Bassett, call today (631) 259-6060.

2. In what areas of criminal law do you have the most experience?

Much like how there are doctors who are experts in certain medical fields, lawyers are not a one size fits all solution for legal issues. Even within criminal law, attorneys will specialize in certain areas. So before hiring a criminal defense lawyer, it is important to ask what part of criminal law they have the most experience. Hire the criminal defense lawyer who has the most experienced in the area that your case falls under. Whether you are looking for a domestic violence attorney, a DWI  lawyer, or a federal criminal defense attorney, make sure you ask your lawyer about their prior experience.

3. What types of fees will I be expected to pay for your services?

It is important to understand all the fees you will be responsible for early on in the process.

First, understand the type of fee arrangement your lawyer prefers. Some criminal attorneys will charge based on a flat fee while others require you to pay a retainer.

Next, find out how much you will be expected to pay for their services for your particular case. Establishing an estimate at the very beginning not only helps to avoid surprises down the road, but it will also help with your financial planning.

Finally, find out how miscellaneous costs will be dealt with. Depending on how your case goes, you may incur additional costs that extend beyond the legal services provided by your criminal lawyer. These would include, filing of complaints, motions, and briefs.

Make sure to ask your criminal defense lawyer if the firm will be paying for these or will the expense come out of your pocket.

4. Will you be handling my case personally?

This one may seem like a silly question to ask but it is a good idea to know who you should expect to see at legal proceedings such as depositions and trials. It is very common for you to meet with an experienced attorney, top of the firm with decades of experience handling cases just like yours. Then when it comes time for trial, the firm sends one of the more inexperienced defense lawyers, fresh out of law school to represent you.  If you are looking for a criminal defese attorney with more than 20 years of experience who personally represents all of his clients, call Jason Bassett today.

5. How accessible can I expect you to be?

Having access to your lawyer is extremely important when you have been charged with a crime. You may anxious about legal proceedings, procedures or additional criminal charges. Being able to make a quick call or text to your criminal lawyer will be able to put your mind at ease. If you end up being arrested or contacted by the police, you will need to get a hold of your criminal lawyer immediately.

6. How much trial experience do you have?

Many criminal cases are settled out of court through plea bargains and as such many criminal attorneys are more experienced in negotiating plea deals than pleading cases in court.

If your case is complex and requires going to trial, you will need a lawyer who has court experience. A criminal defense attorney who is experienced with trial will not only be aware of the many specific procedures and processes, but they will also have the necessary background to properly prepare you in key aspects such as cross-examination and testifying.

Hire Top Suffolk County Criminal Defense Attorney

Choosing the right criminal defense attorney to represent you requires a great deal of research and consideration. Asking these 6 questions before hiring any criminal defense lawyer will ensure that you find the right one who will be the best for your case. Call today to speak with top Suffolk County, Long Island criminal defense lawyer Jason Bassett.

 

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Do I need a lawyer for a first DWI offense?

If you have been charged with a DWI offense for the first time, the experience may be stressful and uncertain. You may be concerned about the penalties you are facing and wondering if you should get a lawyer involved. In this article, we’ll explore why you should consider a lawyer if you get charged with a DWI/DWAI/DUI for the first time and how this can impact your case. 

What is the difference between a DWI and a DUI in New York?

DWI stands for “Driving While Intoxicated”, while DWAI is short for “Driving While Ability Impaired” (which can refer to either a blood alcohol level above the legal limit but below that required for a DWI or driving under the influence of drugs).  DUI or “Driving Under the Influence” is not a term used for any drunk driving charge under New York Law and is really just a slang term for drunk driving sometimes used by members of the public.  Judge and attorneys use the term DWI to refer to drunk driving charges. 

Why you should consider a lawyer for a first DWI offense on Long Island

Drunk driving is a serious crime that carries serious consequences. In New York, a DWI is a misdemeanor, and if you are convicted results in a criminal record.  Even a first offense for Driving While Intoxicated in New York can carry the following penalties: 

• Fines ranging from $500-$1000
• Revocation of driver’s license up to 6 months
• Installation of an Ignition Interlock Device (a device that prevents the vehicle from being started until the driver provides an acceptable breath sample) for at least 6 months
• Mandatory substance abuse programs
• Community service
• Probation of up to 3 years
• Jail time of up to 1 year

Prosecutors will typically offer a standard plea deal for first-time offenders, however, it may not be in your interest to accept this “one size fits all” deal.  All too often, people are told that DUI cases are too hard to fight and that they have no choice but to accept any offer made.  You need an experienced DWI attorney who prosecutors know can take the case to trial and win.  Only an attorney known for successfully fighting drunk driving charges can get you the best possible outcome.     

The right attorney can argue your defense and help you obtain the best possible result. For a free consultation with experienced Long Island DWI lawyer Jason Bassett, call (631) 259-6060.

How a DWI lawyer can help with your first DWI/DUI arrest in New York State

Assess your case

Every DWI case – even a first-time offense – is unique and can differ in a number of ways, including the circumstances of the vehicle stop, whether or not there was an accident, the presence of any children in the car, the performance of field sobriety tests, and whether or not the driver consents to a blood alcohol test. These factors contribute the overall complexity of the case and no 2 two drunk driving cases are exactly alike.  It takes an experienced DWI lawyer to properly assess your case and devise a plan to successfully defend against the charges against you. 

The initial meeting with a lawyer will serve as a consultation where you can learn more about the charges against you, review the initial court paperwork, and start discussing your options.  Jason Bassett is a Suffolk County DWI lawyer who gets the best possible outcome for his clients and offers a FREE consultation. 

Gathering evidence

If you are charged with a DWI in New York, you are entitled to discovery of certain evidence from the prosecutor, including police paperwork, photographs, video, and audio recordings, and the results of any blood alcohol testing.  It takes an experienced drunk driving attorney to go thru these materials and use them to your best advantage.  

Sometimes, just settling for the discovery provided by the prosecutor is not enough.  A top DWI defense lawyer will often conduct their own investigation which includes going to the scene, interviewing witnesses, and subpoenaing materials from several different sources

Negotiating a plea deal

It sometimes may not be in the client’s best interests to fight the case and risk the stiff penalties that can come with a conviction. A plea deal may be your best option.  

You need a DWI attorney who knows how to present your case in such a way as to get the best possible plea bargain.  It takes a top DWI lawyer that the prosecutors know isn’t afraid to take a case all the way and can beat them in order to be able to negotiate the best outcome for you.

Representing you at trial

If prosecutors and a defendant cannot come to an agreement regarding a plea on a DWI charge, then like any criminal matter the case then goes to trial.  While it is possible to represent yourself, it is never recommended. A lawyer will have the legal knowledge and valuable trial experience. Representing yourself puts you at a huge disadvantage and people who opt for this route almost always end up regretting it.

Public vs Private Defender for your first DWI offense charge

All criminal defendants are entitled to representation by a lawyer. You have the option to hire one (a “private attorney”) or have one appointed (a “public defender” or “Legal Aid lawyer”) if you cannot afford one. 

Public Defender for a DWI Offense

Advantages

These lawyers are appointed by the Court and are free if you qualify financially.  They may be familiar with DUI laws and have a good amount of trial experience. 

Disadvantages

You do not get to pick your Legal Aid attorney so you might be getting their best attorney or you might be getting their worst – you just don’t know and have no control over who you get. Public Defenders work on a huge of cases at once and so the amount of time and attention they will be able to put into your case may not be sufficient to get you the best possible outcome.

Private Lawyer for a First DWI Offense

Advantages

You select your private defense counsel, so you can make sure you hire a top DWI attorney to represent you on your drunk driving charge.  The right private criminal defense lawyer has the time and experience necessary to provide you the best possible defense.  Your private attorney will be readily available to answer questions, field any concerns you might have, and thoroughly explain all the different nuances of your case.

A top DWI will also be able to represent you in court as well as at any DMV proceedings or vehicle forfeiture hearings. Having a defense lawyer present at all proceedings related to your DWI arrest increases your chances of obtaining a positive outcome. 

Disadvantage

As mentioned earlier, you have to pay a private attorney.  However, the value of having an experienced DWI attorney by your side far outweighs the cost associated with their services.  

Hiring Experienced DWI Lawyer on Long Island 

When it comes to hiring an attorney, you have many options available if you are charged with a DWI or DUI first offense. The penalties you face will be dependent on the circumstances of your case, but hiring a talented criminal defense lawyer can help you avoid or at least minimize those penalties. If you’ve been arrested and charged with a DWI in Suffolk County, Nassau County, or anywhere on Long Island, experienced criminal defense attorney Jason Bassett is here to help. Local to Long Island, Mr. Bassett has been successfully representing clients charged with drunk driving for over 20 years. To schedule a free consultation, call today (631) 259-6060.

 

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