What Happens To My License After A DWI On Long Island?

The State of New York takes alcohol and drug-impaired driving seriously, so it’s important to understand the consequences after you’ve been charged with a DWI on Long Island.

Here in New York, driving while intoxicated is a crime. But there are varying degrees of alcohol and drug-related charges, all with different charging criteria and penalties. What you are charged and convicted of will determine what your penalties are and what ultimately happens to your license.  If you are facing a drunk driving charge, call for a free consultation with a top-rated Long Island DWI lawyer Jason Bassett today.

What Defines a DWI?

In New York State, being charged with a DWI means that you have been charged with operating a passenger vehicle with a blood-alcohol level of .08 or higher or exhibited other evidence that you were intoxicated. If you were driving a commercial vehicle, that drops to .04 blood alcohol level.

Other variations of DWI charges are:

● Aggravated DWI — driving with a blood-alcohol level of .18 or higher
● DWAI/Alcohol/Driving While Ability Impaired by Alcohol — driving with a blood-alcohol level of more than .05 but less than .07
● DWAI/Drug — impairment by a single drug other than alcohol
● DWAI/Combination — impairment by a combination of drugs or alcohol

Penalties for any drug or alcohol-related conviction include some loss of your driving privileges. You can be facing either a suspension of your driver’s license (your driving privileges are temporarily taken away for a period of time at the end of which you can get them back by paying a suspension termination fee) or a revocation of your driver’s license (your driving are completely taken away for a period of time after which you have to re-apply for a driver’s license, which includes re-taking the written and driving tests). For a DWI first offense, you face a revocation lasting 6 months. For any subsequent DWI within 10 years, the revocation lasts at least 18 months. Aggravated DWI carries a license revocation of 1 year with revocations of at least 18 months for a 2nd or 3rd Aggravated DWI within 10 years. For a first-time DWAI (Alcohol), there is a suspension for 90 days but for another DWAI within 10 years your driver’s license is revoked for at least 6 months.

Other penalties for driving under the influence of alcohol or drugs can include fines, probation, and even jail time. Fines can run from a couple of hundred dollars to $10,000 depending on the charges. Those who have had several previous convictions can face up to 7 years in jail. Your charges and penalties will also depend on other variables such as your age and whether you cooperated with a breathalyzer or other chemical test.

The Other Long-Term Consequences of a DWI

DWI charges can follow you for a very long time. These charges not only affect you legally and affect your driving privileges, but DWI convictions can also present problems in your future employment searches or even in finding housing. Whenever someone does a background searches, criminal convictions such as a DWI will surface and may affect how potential employers or landlords see you.

Because DWI cases can be very complicated, you want the guidance of an experienced DWI lawyer with you from the very beginning. A good attorney 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.

Penalties for DWI-Related Charges for CDL Holders

A person with a Commercial Driver’s License (CDL) is not allowed to operate a commercial vehicle with a BAC of 0.04% or higher. The penalties for people who are found to have violated this rule can be more severe compared to regular drivers. Additional punishments and penalties can include higher fines and permanent revocation of the driver’s license. 

Other than the fines, a person convicted of refusing a chemical test is required to pay a minimum of $250 annual assessment fine. They will have to pay this fee for a total of 3 years as part of New York’s Driver Responsibility Program. The Federal Motor Carrier Safety Administration handles all regulations and penalties for commercial vehicle drivers who are facing charges of DWI/DWAI in the United States.

New York’s Consent Law states that a CDL holder gives consent to have their blood, breath, urine, or saliva tested for alcohol or drugs when a police officer conducts a traffic stop. 

A CDL holder who is facing their first DWI-related charge will be required to pay a $550 civil penalty for commercial drivers. They must pay this fee before they reapply for a driver’s license. Their license will also be revoked for 18 months.

DWI-Related Charge	Possible Penalties for CDL Holders
Operating a commercial vehicle with BAC ≥ 0.04%	Higher fines; Permanent revocation of driver’s license
Refusing a chemical test	Minimum $250 annual assessment fine for 3 years (part of New York’s Driver Responsibility Program)
First DWI-related charge	$550 civil penalty for commercial drivers; License revocation for 18 months

Is Your License Suspended Immediately After a DUI

If you find yourself involved in a DUI case, where you are accused of having a Blood Alcohol Content (BAC) of .08% or higher at the time of arrest, you should expect an immediate suspension of your driver’s license. This suspension usually takes place at your arraignment, which is your first court appearance where you can enter a plea.

If you choose to plead guilty to the DUI charge, your license will be suspended, but the suspension will be delayed for 20 days. This 20-day grace period allows you to enroll in the Drinking Driver Program (DDP), now called the Impaired Driver Program (IDP). By participating in the DDP/IDP, you have the opportunity to apply for a conditional license. So, by admitting guilt for the DUI, you may not necessarily face a complete prohibition from driving for a certain period.

On the other hand, if you plead not guilty to the DUI, your license will be immediately suspended for 90 days. You do have the right to request a suspension review, known as a Pringle hearing. During this hearing, your attorney can challenge the suspension by questioning potential procedural errors made by law enforcement or disputing the accuracy of the BAC level. If the Pringle hearing does not result in your favor, you still have the option to apply for a hardship privilege license, although obtaining one and winning a Pringle hearing are typically challenging. Additionally, if none of these options succeed, you can apply for a conditional license after a 30-day waiting period from your arraignment or Pringle hearing.

DWI lawyer on Long Island

Why You Need a Good Legal Defense for DWI Charges

There are many legal defenses available to a driver who has been charged with DWI in New York. A good lawyer will know which ones apply to your case, understand critical timelines, and how best to represent you given your charges.

Even if an acquittal is unlikely, he or she may be able to have charges reduced, argue for the minimum possible penalties, and help you apply for hardship driving privileges so you are able to get to and from work or school even if you are convicted.

If you have been charged with a DWI on Long Island, get the advice of a Suffolk County criminal defense attorney to understand your rights. Jason Bassett, Esq. has over 20 years of experience representing individuals who have been charged with a DWI on Long Island. Contact us to discuss your legal options and rights.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/what-happens-to-my-license-after-a-dwi-on-long-island/ What Happens To My License After A DWI On Long Island?

from Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett https://jbassettlaw.com/what-happens-to-my-license-after-a-dwi-on-long-island/

How Are Domestic Violence Cases Handled In New York?

While domestic violence has long been a problem throughout the country, allegations of domestic violence have increased dramatically in part due to living conditions caused COVID-19 lockdowns. Lawmakers and law enforcement alike have faced increased pressure to treat those charged with domestic violence swiftly and harshly. While domestic violence should always be treated seriously, in their zeal to prosecute, the legal system has also disrupted the lives of those who have been falsely accused of domestic violence. Even if the alleged victim recants their statement, accusations of domestic violence can have serious consequences. If you are facing charges of domestic violence in New York, the representation of a Long Island domestic violence lawyer is critical.

What is Considered Domestic Violence?

There is no one crime defined by the term domestic violence in New York. Instead, it is a term that includes a group of crimes that involve individuals who are closely associated, either in romantic relationships, living arrangements, or members of the same family. Domestic violence can include crimes that range from stalking and harassment to rape and murder.

Long Island domestic violence lawyer

What Happens When Law Enforcement is Called to a Domestic Violence Incident

The state of New York has what is called “mandatory arrest” laws. When police are called to a domestic violence incident, and they believe that they have reasonable cause to believe that a crime has taken place, they are required to make an arrest.

In the case of mandatory arrest, they must make an arrest regardless of whether the accuser wants to pursue charges or not. One exception to the mandatory arrest laws is when both people are alleged to have committed misdemeanors against one another. In those cases, the police have to identify the “primary aggressor” and arrest only that person.

After the Arrest

After the arrest has been made, the officers will transport the accused to the police station, where the arrested individual will be booked. At this point, the accused should be allowed to contact a New York domestic violence lawyer.

An arraignment typically takes place within 24 hours of the arrest, when a judge will detail the charges and decide whether the defendant will be released on their own recognizance, placed on Supervised Release with or without a GPS ankle monitor, or held in custody on bail. There is often an order of protection issued in which case the defendant may not return to the home or otherwise have any contact with their accuser.

False Charges Can Ruin Reputations and Futures

Unfortunately, many defendants get caught up in false domestic violence charges in mandatory arrest scenarios. Arrests and charges of domestic violence can not only require that an individual stay away from their home and children, but they can follow an individual around for the rest of their lives, wreaking havoc on their reputation, their career, and their future.

If you have been charged with domestic violence in New York, the skilled and experienced representation of the best domestic violence lawyer possible is essential. Contact the offices of Jason Bassett Criminal Attorney for a free consultation.

Topic	Actions Taken	Consequences
Law Enforcement	Police must make an arrest if they have reasonable cause.	Mandatory arrest in New York regardless of the accuser’s desire to press charges. Exception for mutual misdemeanors. Accused can seek legal counsel. Order of protection may be issued against the accused.
After the Arrest	Accused is booked and faces arraignment. Order of protection issued.	Booking at the police station. Arraignment within 24 hours. Release conditions determined by the judge. Restriction on returning home or contacting the accuser. Impact on reputation, career, and future.
False Charges	Defendants may face false charges in mandatory arrest scenarios.	Forced separation, potential long-term impact on reputation, career, and personal life. Stigma associated with domestic violence accusations.

Can Domestic Violence Charges be Dropped?

Television dramas and films often depict victims retracting their statements and opting to drop the charges against the accused. In these scripted narratives, the NYPD and the prosecutor halt the criminal proceedings, thereby concluding the duties of a domestic assault lawyer. However, real-life scenarios differ significantly from these dramatized portrayals.

In the state of New York, once a prosecutor has leveled charges for domestic assault, the supposed victim lacks the power to dismiss these charges. Despite being the one directly impacted, the victim’s position is not the only consideration in such cases. In New York, crimes are viewed as transgressions against the state, contravening state law rather than merely violating individual rights. Thus, the trajectory of a domestic assault case ultimately lies in the hands of the prosecutors.

In these circumstances, a skilled attorney can be an invaluable ally. Our experienced Long Island domestic violence defense lawyer at the Law Offices of Jason Bassett, P.C. can provide crucial guidance, defend the rights of the accused, and navigate the complexities of the legal system. We strive to ensure all pertinent evidence is taken into account, challenge any inconsistencies in the prosecution’s arguments, and pursue the most favorable outcome possible. Contact us today at (631) 259-6060 for a free consultation.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/how-are-domestic-violence-cases-handled-in-new-york/ How Are Domestic Violence Cases Handled In New York?

source https://jbassettlaw.com/how-are-domestic-violence-cases-handled-in-new-york/

How Are Domestic Violence Cases Handled In New York?

While domestic violence has long been a problem throughout the country, allegations of domestic violence have increased dramatically in part due to living conditions caused COVID-19 lockdowns. Lawmakers and law enforcement alike have faced increased pressure to treat those charged with domestic violence swiftly and harshly. While domestic violence should always be treated seriously, in their zeal to prosecute, the legal system has also disrupted the lives of those who have been falsely accused of domestic violence. Even if the alleged victim recants their statement, accusations of domestic violence can have serious consequences. If you are facing charges of domestic violence in New York, the representation of a Long Island domestic violence lawyer is critical.

What is Considered Domestic Violence?

There is no one crime defined by the term domestic violence in New York. Instead, it is a term that includes a group of crimes that involve individuals who are closely associated, either in romantic relationships, living arrangements, or members of the same family. Domestic violence can include crimes that range from stalking and harassment to rape and murder.

Long Island domestic violence lawyer

What Happens When Law Enforcement is Called to a Domestic Violence Incident

The state of New York has what is called “mandatory arrest” laws. When police are called to a domestic violence incident, and they believe that they have reasonable cause to believe that a crime has taken place, they are required to make an arrest.

In the case of mandatory arrest, they must make an arrest regardless of whether the accuser wants to pursue charges or not. One exception to the mandatory arrest laws is when both people are alleged to have committed misdemeanors against one another. In those cases, the police have to identify the “primary aggressor” and arrest only that person.

After the Arrest

After the arrest has been made, the officers will transport the accused to the police station, where the arrested individual will be booked. At this point, the accused should be allowed to contact a New York domestic violence lawyer.

An arraignment typically takes place within 24 hours of the arrest, when a judge will detail the charges and decide whether the defendant will be released on their own recognizance, placed on Supervised Release with or without a GPS ankle monitor, or held in custody on bail. There is often an order of protection issued in which case the defendant may not return to the home or otherwise have any contact with their accuser.

False Charges Can Ruin Reputations and Futures

Unfortunately, many defendants get caught up in false domestic violence charges in mandatory arrest scenarios. Arrests and charges of domestic violence can not only require that an individual stay away from their home and children, but they can follow an individual around for the rest of their lives, wreaking havoc on their reputation, their career, and their future.

If you have been charged with domestic violence in New York, the skilled and experienced representation of the best domestic violence lawyer possible is essential. Contact the offices of Jason Bassett Criminal Attorney for a free consultation.

Topic	Actions Taken	Consequences
Law Enforcement	Police must make an arrest if they have reasonable cause.	Mandatory arrest in New York regardless of the accuser’s desire to press charges. Exception for mutual misdemeanors. Accused can seek legal counsel. Order of protection may be issued against the accused.
After the Arrest	Accused is booked and faces arraignment. Order of protection issued.	Booking at the police station. Arraignment within 24 hours. Release conditions determined by the judge. Restriction on returning home or contacting the accuser. Impact on reputation, career, and future.
False Charges	Defendants may face false charges in mandatory arrest scenarios.	Forced separation, potential long-term impact on reputation, career, and personal life. Stigma associated with domestic violence accusations.

Can Domestic Violence Charges be Dropped?

Television dramas and films often depict victims retracting their statements and opting to drop the charges against the accused. In these scripted narratives, the NYPD and the prosecutor halt the criminal proceedings, thereby concluding the duties of a domestic assault lawyer. However, real-life scenarios differ significantly from these dramatized portrayals.

In the state of New York, once a prosecutor has leveled charges for domestic assault, the supposed victim lacks the power to dismiss these charges. Despite being the one directly impacted, the victim’s position is not the only consideration in such cases. In New York, crimes are viewed as transgressions against the state, contravening state law rather than merely violating individual rights. Thus, the trajectory of a domestic assault case ultimately lies in the hands of the prosecutors.

In these circumstances, a skilled attorney can be an invaluable ally. Our experienced Long Island domestic violence defense lawyer at the Law Offices of Jason Bassett, P.C. can provide crucial guidance, defend the rights of the accused, and navigate the complexities of the legal system. We strive to ensure all pertinent evidence is taken into account, challenge any inconsistencies in the prosecution’s arguments, and pursue the most favorable outcome possible. Contact us today at (631) 259-6060 for a free consultation.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/how-are-domestic-violence-cases-handled-in-new-york/ How Are Domestic Violence Cases Handled In New York?

from Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett https://jbassettlaw.com/how-are-domestic-violence-cases-handled-in-new-york/

Federal Criminal Cases vs. State Criminal Cases

What Is The Difference Between Being Charged With A Federal Crime As Opposed To A State Crime?

The penalties and possible sentences for federal crimes are much more severe than what one will typically face under state law. Federal law also has significantly different legal procedures and one needs an experienced federal criminal defense attorney who has experience in federal court to navigate this complicated system.

Difference Between Federal and State Prison

Federal prisons, run by the federal government, are facilities that confine individuals convicted of breaching federal laws. These are the places where those individuals who have committed or stand accused of federal crimes serve their sentences. Federal crimes often involve activities that cross state lines, offenses against government personnel, agencies, or establishments, and white-collar crimes such as money laundering, racketeering, and fraud.

Long Island criminal defense attorney

On the other hand, state prisons, managed by state governments, detain individuals who have been convicted of contravening state laws. These institutions are for those who have been accused or convicted of state law violations, typically offenses committed within a single state and dealt with by state law enforcement agencies. Example of crimes that could lead to incarceration in state prisons encompass offenses like murder, rape, and firearms-related violations.

Here are a few additional points of distinction between state and federal prisons:

• There are more state prisons than there are federal prisons.
• Those convicted of violent crimes are more likely to be found in state prisons.
• Federal prisons are generally perceived as safer and usually house inmates who are considered less violent and dangerous.
• State prisons are often seen as less secure than federal prisons due to having a larger population of violent offenders and may have less funding than federally funded prisons.

Federal and state prisons in New York differ in terms of jurisdiction, types of crimes handled, sentencing lengths, and facilities and resources. Furthermore, the federal system abolished parole, while many state systems still have active parole systems. Recognizing these differences emphasizes the distinct roles and functions of federal and state prisons within the criminal justice system.

Differences Between Federal and State Prison	Details
Authority	Federal prisons are managed by the federal government, while state prisons are managed by state governments.
Jurisdiction	Federal prisons enforce federal laws, whereas state prisons enforce state laws.
Types of Crimes	Federal prisons confine individuals convicted of breaching federal laws, such as offenses crossing state lines or white-collar crimes. State prisons detain individuals convicted of contravening state laws, like murder, rape, or firearms-related violations.
Population	Federal prisons generally house inmates who are considered less violent and dangerous compared to state prisons, which often have a larger population of violent offenders.
Safety Perception	Federal prisons are generally perceived as safer, while state prisons may be perceived as less secure due to a higher number of violent offenders.
Funding	Federal prisons are federally funded, while state prisons are funded by state governments.
Parole System	The federal system abolished parole, whereas many state systems still have active parole systems.

What Happens After I Have Been Arrested And Charged With A Federal Crime?

Very often, when someone is arrested in federal court, it is the result of a federal agent having secured an arrest warrant and made the arrest pursuant to that warrant. This is unlike most state arrests where the officer will arrest someone after observing them commit a crime. Once someone is arrested in the federal system, that defendant has to be brought before a magistrate judge without unnecessary delay. Once at the federal courthouse, the arresting agents bring the defendant to the U.S. Marshals Service and the deputy marshals will allow the individual to speak to their attorney if they already have one.

A pretrial services officer will speak to the defendant prior to the defendant’s appearance in court and that officer prepares a report which includes a bail recommendation. The report is made available to defense counsel in the courtroom. Once in the courtroom, the defendant and their attorney will review the complaint and the pretrial services report. The defendant is advised of what the charges are against them but they do not enter a plea at this time and bail conditions are set. The final matter that arises during this first court appearance is the question of scheduling what’s called a “preliminary hearing” or a “probable cause determination.” The defendant is entitled to this hearing and it has to be held within 14 days of the defendant going into custody and or within 20 days if the magistrate judge releases the defendant.

Should I Try To Work With Federal Authorities In My Federal Criminal Case?

Whether it be in federal court or state court, you should only be speaking to the authorities with your attorney involved every step of the way. It’s a very fact-specific determination whether or not you should try to work with the authorities in your case. Under the right circumstances, cooperating with the authorities can be to person’s advantage. If one eventually pleads guilty to a federal crime, one of the things considered at sentencing is any cooperation that the defendant has provided to the government.

How Do Sentencing Guidelines Work In Federal Court? Am I Ever Eligible For Probation?

The Federal Sentencing Guidelines are extremely complex and arcane. They are probably the single biggest difference between practicing in state court and federal court. They are one of the biggest reasons why one needs an experienced federal criminal practitioner who fully understands how these guidelines work. Entire books and manuals are published on how to interpret the guidelines. A federal judge is not strictly bound by the guidelines but does take them into account at sentencing. In terms of probation, it’s less common in federal court than it is in a state court but, for certain offenses, probation can be available.

Why Do I Need An Attorney Who Specifically Handles Federal Criminal Cases?

One would be mistaken if they believed that the practice of criminal law is the same at the State and Federal levels. At the Federal level, law enforcement are generally better trained, better funded, and when they bring charges, they have already been observing the individual and building their case for a period of time. There are important differences in the legal procedures in Federal Court with which a lawyer who has only practiced in state court may not be familiar. In addition, the Federal Sentencing Guidelines are very complex and are very difficult to interpret without experience. The federal criminal justice system entails much longer sentences and you need an attorney who has experience in this area and is ready to take on the federal government on your behalf.

For more information on Federal Criminal Cases In New York, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (631) 259-6060 today.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/federal-criminal-cases-vs-state-criminal-cases/ Federal Criminal Cases vs. State Criminal Cases

from Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett https://jbassettlaw.com/federal-criminal-cases-vs-state-criminal-cases/