Is it worth fighting a DWI in New York?

Driving is society’s easiest and most convenient means of transportation and because there are a lot of drivers on the road, it’s always important to be as safe as possible. However, there is a very fine line that determines what is considered safe while operating a vehicle, especially when it comes to DWI-related charges and convictions. The laws for DWI on Long Island are very strict and the consequences can be life-altering without a proper defense. The repercussions associated with this kind of offense make it very easy to feel like you’ve made your bed and you have no other choice but to lie in it, but that’s not always the case. This is why it is crucial to bring your case to a DWI lawyer that can help you explore all of your options.

What if this is my first DWI offense on Long Island?

If this is your first offense with a DWI charge or conviction, it may help your defense but it really depends on the entire situation and what the level of intoxication was. Once a DWI report is submitted, the offense goes into the hands of the District Attorney. The District Attorney is only able to make decisions based on the information given in the report. There are policies put in place that determine the severity of the charge that is based on the results of the reported BAC.

For instance, in Nassau and Suffolk County, if BAC is between .05% and .07% it may not be considered a criminal offense but rather an infraction which could still involve consequences such as fines, license suspension, and in some cases even jail time. If BAC is between .08% and .17% the consequences are much more serious and could result in a misdemeanor or worse.

What options do I have to build a defense against my DWI?

There are many different ways to approach building a defense that could potentially reduce or drop the charges of a DWI on Long Island. Much of the evidence gathered for the offense is based on subjective tests. For example, if an arrest was made due to the results of a field sobriety test, that kind of evidence is based on the judgment of the arresting officer and could be contested against. Another commonplace that evidence can be found to build a defense is in the arresting report. There could be legal technicalities in the report that could work in favor of the defense.

Those are just some of the breadcrumbs that could begin to build a solid defense case against a DWI offense. It is always going to be the best-case scenario to work with an attorney experienced in DWI cases.

Can a DWI lawyer guarantee that my offense will be dropped or reduced?

Unfortunately, no. There is never ever any guarantee when it comes to a defense case, but that doesn’t necessarily have to mean that you are doomed. Your chances of achieving the best possible outcome for your case are much better when you have an experienced attorney working by your side.

Criminal attorney, Jason Bassett, is a highly regarded DWI/DUI lawyer on Long Island.

What is going to be important when it comes to finding counsel for a DWI offense is to thoroughly do your research. Choosing an attorney is an important decision and every case and every client is unique in its own way. It’s our recommendation to choose an attorney that will dedicate their time and attention to understanding the details of your case and who will strive for an outcome that will be within your best interest.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett JasonB https://jbassettlaw.com/is-it-worth-fighting-a-dwi-in-new-york/ Is it worth fighting a DWI in New York?

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Can a DWI Be Reduced in NY?

Getting charged with a DWI in New York is a serious offense. But there may be some circumstances that may allow charges against you to be reduced to a DWAI. This is when it is critical to have an experienced New York DWI defense lawyer on your side.

DWI Vs. DWAI — What Is the Difference?

A DWI, or Driving While Intoxicated charge, is a misdemeanor that means that you are accused of driving at or over the legal blood alcohol content limit of 0.08%. A DWAI, or driving while ability impaired, is an infraction (and thus not a crime) where a driver is still accused of being impaired but to a lesser extent.

A DWI, as a misdemeanor, is a criminal charge, whereas a DWAI, a traffic infraction, will not have the same legal consequences as a DWI. Although there may still be fines and license suspensions associated with a DWAI, they are significantly less than a DWI.

How You May Have Your DWI Reduced to a DWAI in a Plea Deal

Although getting DWI charges dropped is not always possible, sometimes a DWI can be reduced to a DWAI if a plea bargain can be worked out with the prosecution. This is more likely to happen if there are no other aggravating factors surrounding your case. Particularly if you are a first-time offender with fairly low reading and no automobile accident, you have a better chance of getting your DWI charges reduced.

Having the representation of an experienced DWI lawyer can help you potentially negotiate for a lighter penalty through a plea deal. A plea deal is basically where you will agree to plead guilty to a lesser charge to get the more severe one dropped. This is often done when neither side wants to take the matter to trial.

But this can work both ways. Charges may be reduced in some cases, but they can also be elevated to a felony in other cases. A charge may be elevated if you have had prior DWI convictions or there were other aggravating factors surrounding your arrest.

Prosecutors often have latitude when considering a reduction or elevation of charges. In these instances, it’s essential to have the representation of a DWI defense lawyer who is experienced in the county where you have been charged. A lawyer who has experience defending individuals in that county will know the prosecutors and judges and will be better able to negotiate a plea deal understanding the personalities and inclinations of the others involved.

The Strength of Your Defense

It is important to remember that an arrest is not the same thing as a conviction. A conviction will be dependent on the available evidence and the strength of your defense. This is why it is crucial to have a skilled and experienced Suffolk County DWI defense lawyer defending you if you have been charged with a DWI. You may have several defenses available to you. Contact the law offices of Jason Bassett Criminal Attorney for a free consultation.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett JasonB https://jbassettlaw.com/can-a-dwi-be-reduced-in-ny/ Can a DWI Be Reduced in NY?

source https://jbassettlaw.com/can-a-dwi-be-reduced-in-ny/