How Much Does a DWI Conviction Cost in NY?

A DWI conviction in New York is a serious matter. Even if it is the first offense, being convicted of a DWI carries significant costs, both to your wallet and your life. Even after paying fines and other fees, you may be facing consequences affecting your employment, your personal and professional relationships, and your future. If you are facing DWI charges on Long Island, you owe it to yourself to get the legal advice and guidance of an experienced Long Island DWI lawyer to help you navigate the legal system. Attorney Jason Bassett can advise you on whether your best recourse is to fight the charges at a trial, help you understand whether a DWI  charge can be reduced, try to get the charges dismissed, or negotiate a plea bargain. For personalized and knowledgeable legal representation tailored to your specific situation, please contact the Law Offices of Jason Bassett at (631) 259-6060.

Initial New York DWI Costs, Fines, and Fees

In New York, alcohol-impaired driving typically falls into two main categories. These are

• DWAI, or Driving While Ability Impaired, or
• DWI, or Driving While Intoxicated

Both of these carry their own consequences and fines. For first-time offenders, a DWAI can carry fines between $300 and $500. For a DWI, you may be facing fines between $500 and $1,000 for a first offense.

You can add to that the costs of posting bail, court costs, paying any towing charges you may have incurred, and an impound fee. Depending on your particular situation, this can run into the hundreds or even thousands of dollars in financial costs. 

How Much Is A DWI Fine?

Driving a vehicle while under the influence of alcohol constitutes a significant offense in New York. Facing a DWI (driving while intoxicated) charge carries substantial consequences, including imprisonment and significant fines. It is crucial to understand the potential implications you may encounter during this time.

• Aggravated Driving While Intoxicated (AGG DWI): Individuals charged with AGG DWI may face a fine ranging from $1,000 to $2,500.
• Second AGG DWI in 10 years (E felony): In the case of a second AGG DWI offense within a 10-year period, the penalties escalate to an E felony, with a fine imposed between $1,000 and $5,000.
• Third AGG DWI in 10 years (D felony): A third AGG DWI within a 10-year timeframe is considered a D felony, attracting a more substantial fine of $2,000 to $10,000.
• Driving While Intoxicated (DWI) or Driving While Impaired by a Drug (DWAI-Drug): For DWI or DWAI-Drug offenses, the stipulated fine falls within the range of $500 to $1,000.
• Second DWI or DWAI-Drug violation in 10 years (E felony): If an individual commits a second DWI or DWAI-Drug violation within a 10-year period, the offense is elevated to an E felony, with a fine set between $1,000 and $5,000.
• Third DWI or DWAI-Drug violation in 10 years (D felony): A third DWI or DWAI-Drug violation within a 10-year span is classified as a D felony, carrying a more substantial fine ranging from $2,000 to $10,000.

Additionally, surcharges of $260 are applied to alcohol-related misdemeanors, and felonies typically incur charges averaging around $400, with slight variations based on the court of conviction. It is crucial to secure reliable legal representation to navigate these intricate legal issues effectively.

Navigating the intricacies of DWI charges can be a daunting task, but a skilled lawyer can guide you through the process. Long Island DWI lawyer Jason Bassett can meticulously examine the details of your case, craft a strategic defense, and advocate on your behalf to potentially reduce fines or penalties. Contact us today to schedule a consultation.

The Cost of DWI Classes in New York

If you are convicted of a DWI in New York, you will probably be ordered to attend substance abuse classes. These legally required classes do not come without their own financial implications. A substance abuse class in New York can start at $50 per class, with additional fees for substance abuse counseling at around $200. In addition to these, you can end up paying the cost of an alcohol abuse screening, which may also be required. 

Types of DWI Costs in New York	Description
Substance Abuse Classes	Mandatory classes for DWI offenders, starting at around $50 per class, with additional fees for counseling (around $200).
Alcohol Abuse Screening	Additional cost for required screenings.
Increased Insurance Premiums	After a DWI conviction, insurance premiums can increase substantially, on average about $1,500 annually for 3 years.
Legal Fees and Court Appearances	Costs associated with legal representation and time spent in court.
Transportation Costs	Expenses related to alternative transportation when a license is suspended due to a DWI conviction.

The Cost to Your Insurance Premiums After a DWI in New York

After you are convicted of a DWI in New York, your insurance company will see you as a high risk. How big an effect it will have on your individual coverage and premiums will vary depending on who your insurer is and where you live. In most cases, at the very least, there will be a substantial increase in the price of your premiums – on average about $1,500 annually. Your premiums will be impacted by your DWI for about 3 years. 

Other Costs of a DWI in New York

Of course, these are only the financial costs of a DWI in New York. Many employers take a zero policy stance on those who are convicted of a DWI. Even for those whose employment is not directly impacted by a DWI conviction, you should consider the time spent away from work due to court appearances and substance abuse school, not to mention transportation costs if you have had your license suspended.

Because a DWI in New York remains permanently on your record, any future employer will see this when doing a background check. 

Get the Help of a Suffolk County DWI Lawyer

Being convicted of a DWI in New York has many consequences, not the least of which can be financial. If you can get charges dropped, reduced, or dismissed, it is worth your while in terms of your wallet and your future. If you have been charged with a DWI in New York, contact an experienced Long Island DWI lawyer for assistance. Contact Jason Bassett Criminal Attorney to schedule a free consultation to understand your options. 

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What is a DWAI?

In response to the dangers posed by people driving under the influence of alcohol, drugs, or both, police in New York are constantly on the lookout for drivers whose ability to operate their vehicles seems impaired. Prosecutors, spurred on by constant new reports involving people hurt or even killed by someone driving under the influence, aggressively pursue charges under the Vehicle & Traffic Law (“VTL”) against anyone accused of driving while impaired by alcohol, drugs, or a combination of the two. If you’ve been arrested and charged with DWI, DWAI, DWAI – Drugs, or any form of impaired driving in Suffolk County or Nassau County, protect your rights and contact Long Island DWI attorney Jason Bassett. The Law Offices of Jason Bassett can provide you with legal representation and guidance to help you navigate the complexities of your case and secure the best possible outcome for your situation. Understanding the difference between DWAI, DWI, and DUI is crucial in these situations. Contact us today at (631) 259-6060 to schedule a confidential consultation and take the first step in safeguarding your future.

Impaired Driving in New York

In New York (unlike many other states), there is no actual crime entitled “DUI” or “Driving Under the Influence.” DUI is an umbrella term that is used to mean operating a motor vehicle while under the influence of an intoxicating substance. New York uses the terms “DWI” (or “Driving While Intoxicated”) and “DWAI” (“Driving While Ability Impaired”).

DWI vs. DWAI: How Are They Different?

A DWI charge in New York is specifically related to impaired driving as it relates to alcohol. If you drive in New York, you can be charged with DWI if your blood alcohol content (BAC) is at or above .08%

A DWAI charge, on the other hand, can be levied against a driver who has not reached the .08% BAC threshold but who is still considered impaired. DWAI in New York is separated into three categories:

• DWAI (which refers to impairment by Alcohol)
• DWAI – Drugs
• DWAI – Combination of Alcohol & Drugs

You can be charged with DWAI pursuant to VTL 1192.1, an infraction if you are found to be driving with a BAC between .05% and .07%.

A driver is charged with DWAI – Drugs under VTL 1192.4, a misdemeanor, if they are alleged to have been operating a motor vehicle while under the influence of recreational and/or prescription drugs that can cause impairment (these substances are listed in the Public Health Law).

If you are alleged to have been driving under the influence of a combination of alcohol and drugs, you will be charged under VTL 1192.4-a, a misdemeanor.
Defining Legal Impairment

For both DWI and DWAI, for a driver to be proven impaired, the government must prove that the alcohol made the driver substantially incapable of operating their vehicle safely.

For DWAI – Drugs and DWAI – Combination of Alcohol & Drugs, the prosecution only needs to prove that the person’s ability to drive was impaired to any degree.

Is DWAI A Misdemeanor In NY?

If a driver registers a blood alcohol content between 0.04 and 0.07 or displays signs of mental or physical impairment, they could potentially face a DWAI (Driving While Ability Impaired) charge. The specific DWAI offense depends on the type of intoxication during the arrest. For instance, operating a vehicle under the influence of drugs may lead to a DWAI-drugs charge, while driving under the influence of alcohol could result in a DWAI-alcohol charge.

In New York, DWAI charges are generally less severe than DWI charges. This is primarily because DWAI charges require a lower blood alcohol content threshold. Convictions for DWAI charges typically come with penalties that can include fines of up to $1,000, imprisonment for a maximum of one year, probation lasting three years, and an automatic minimum six-month suspension of your driver’s license.

Driving While Ability Impaired by Drugs (DWAI-Drugs) is a significant misdemeanor offense in the state of New York. The consequences for this violation can encompass the loss of your driver’s license, vehicle impoundment, hefty fines, and even imprisonment. This offense is defined under Vehicle and Traffic Law § 1192(4) and applies to anyone found operating a motor vehicle in New York while influenced by a controlled substance as listed in section 3306 of the New York Public Health Law.

Moreover, under New York law, DWAI penalties can intensify with each successive charge. If you accumulate a sufficient number of DWAI charges, it can lead to a felony charge instead of a misdemeanor.

When it comes to navigating the complex legal landscape of DWAI cases in New York, Long Island DWI attorney Jason Bassett from the Law Offices of Jason Bassett can be your invaluable guide. With an in-depth knowledge of New York’s DWAI laws, Jason Bassett can offer you the guidance and representation you need. Contact us today to schedule a consultation, and let us help you navigate the legal process while striving for the best possible results in your DWAI case.

Penalties for DWAI in New York

For a first-offense DWAI, the penalties can be:

• A fine between $300 and $500
• Driver’s License suspension of 90 days
• Jail term up to 15 days

For a first offense DWAI -Drugs, the possible penalties include:

• A fine between $500 and $1000
• Driver’s License suspension of 6 months
• 3 years of Probation
• Jail term up to 1 year

For a first offense DWAI – Combination of Alcohol & Drugs, the potential penalties are:

• A fine between $500 and $1000
• Driver’s License renovation of 6 months
• 3 years of Probation
• Jail term up to 1 year

Subsequent convictions, particularly within five years of a previous conviction, may bring on more severe legal penalties, including longer jail sentences, higher fines, and longer periods of license suspension or revocation.

Aggravating circumstances can also add to the penalties for a DWAI conviction. If personal or property damage takes place while driving ability-impaired, you may also face additional penalties in association with your DWAI charge.

DWAI Offense Type	Fine Range	License Suspension Period	Jail Term
First Offense DWAI	$300 – $500	90 days	Up to 15 days
First Offense DWAI – Drugs	$500 – $1000	6 months	Up to 1 year
First Offense DWAI – Alcohol & Drugs	$500 – $1000	6 months	Up to 1 year

Contact a Long Island DWI Lawyer

Because driving while impaired is such a serious legal matter that can have severe consequences, you need an experienced Long Island criminal defense attorney if you’ve been charged with DWI or DWAI in Suffolk County or Nassau County, New York. Your attorney can review your case, discuss your defense strategy, and provide options to ensure that you are treated fairly by the justice system. Contact us to speak with top Long Island DWI Attorney Jason Bassett today.

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When Does The Prosecutor Generally Offer A Plea Deal In A Criminal Case?

An offer of a plea bargain can come at just about any time during a criminal case, however, most prosecutors are not completely familiar with the case in the early stages so most offers are made after some time has passed. For a more basic matter, it should only take a little while for the prosecutor to review the case, get up to speed, and consider what they’re going to offer. It’s been my experience that the offers tend to be more favorable when you have hired somebody who has a reputation for being an exceptional criminal defense attorney. Prosecutors realize that no case where I represent the defendant is a slam dunk. They may make an offer early on, but as they get closer to actually having to try the matter the offers tend to get better.

There is something of a myth that goes around: some people believe that a prosecutor always makes 3 offers. I don’t know why 3 has become the magic number, but there is no such requirement. Sometimes multiple offers are made, sometimes they make only one offer and stick with it, and occasionally there’s no offer given. Jason Bassett, an experienced Suffolk County criminal defense lawyer with a reputation for not being afraid to take a case to trial, gives you the best chance of getting the best possible plea offer. 

If you’re in need of skilled legal representation and guidance, the Law Offices of Jason Bassett is here for you. Contact us at (631) 259-6060 to discuss your case and let us work together to protect your rights and achieve the best possible outcome for your situation.

What Factors Do You Consider In Determining Whether To Accept a Plea Offer Or Not?

The first things we take a look at are what evidence the prosecution could offer at a trial and what the likelihood of conviction might be. You also have to consider the client’s criminal record; some criminal convictions can be used against a defendant if they testify at a trial and certain prior criminal convictions can increase the sentence a defendant may face. Another thing you have to consider is what degree of risk can a person accept. Some people would prefer to take a plea bargain for a sure thing and avoid a possibly stiffer sentence, while someone else may prefer to go to trial.

How Long Do You Have To Accept A Plea Deal?

Plea bargains are an integral part of the criminal justice system, yet individuals who are not familiar with them often struggle to understand how they work. A criminal defense lawyer can provide insight into the strengths and weaknesses of your case, as well as the advantages and disadvantages of accepting a plea deal. However, the timing for making such decisions can be quite unpredictable.

Typically, a person facing criminal charges has the opportunity to consider and potentially accept a plea deal up until the arraignment. If the defendant chooses to decline the plea offer at the arraignment, they enter a plea of not guilty, resulting in the withdrawal of the initial plea offer, and the case is then scheduled for trial.

Most plea offers come with an established expiration date, typically set within a few months of the offer’s issuance. Once the original plea offer expires, the prosecutor can choose to either extend the same offer or present a new plea deal with potentially less favorable terms.

When it comes to the crucial decision of accepting a plea deal, timing is crucial. Understanding your rights and weighing the implications of such an agreement requires legal guidance. A Suffolk County criminal defense lawyer can provide you with the clarity and support you need. With years of experience, Jason Bassett can equip you with the information necessary to make an informed decision that serves your best interests. Contact the Law Offices of Jason Bassett today to schedule a consultation.

How Common Is It For Criminal Cases To Go All The Way To Trial In New York?

This is actually something that’s been studied quite a bit. There is a phenomenon that’s been referred to as the “Trial Penalty” – it’s the idea that people are punished so much more severely after trial than what they would have received had they pled guilty that they are virtually coerced into pleading guilty (there is some debate as to whether or not this is a violation of a person’s Sixth Amendment Right to a Trial). Considering what one often risks by not accepting a plea deal, it’s not all that common for people to take their cases to trial. People charged with crimes are put in a position that they are too afraid of the potential penalties to exercise their rights and will accept a bad plea deal. This situation is only made worse if they have hired an attorney who quite frankly doesn’t take cases to trial. The lawyer knows that they’re not a particularly good trial attorney and the prosecutors know it too. The prosecutors will not offer those attorneys the best possible deals because they know they don’t need to in order to close their case – those defense attorneys will take any deal they can get.

As for myself, because I have spent my career gaining a reputation as an Exceptional Trial Attorney, prosecutors offer my clients the best possible plea bargains because they realize I will test their case to the limit and a “Not Guilty” verdict is always a very real possibility.

Will Going To Trial Put Me At Risk Of Facing A Harsher Sentence Than If I Took The Plea?

That is possible. The entire lure of a plea bargain is that you are offered less than the maximum penalty that you could face if you were to go to trial. The prosecution’s case must be put under a microscope by an Experienced Criminal Defendant Attorney before you can make an informed decision as to whether you should proceed to trial or to accept a plea offer.

What Should I Expect Throughout The Trial Process In My Criminal Case In New York?

The trial process begins with jury selection. At the Federal Level, the judge asks all the questions of the potential jurors. In State Court, both the prosecutor and the defense attorney are allowed to question the potential jurors directly as part of a process known as “voir dire”. After the potential jurors are questioned, each side can challenge and seek to remove a potential juror “for cause,” meaning that potential juror has expressed some sort of bias or otherwise demonstrated an inability to be fair and impartial. Each side is also given a certain number of what are called “peremptory challenges” – these challenges can be exercised and a juror can be removed without any reason having to be given (the only exceptions being jurors can’t be removed simply on the basis of race or gender).

Once a jury of the required number of jurors is selected and sworn in, the judge will give the jury some preliminary instructions on the law. The trial will then proceed to the opening statements, during which the prosecution and the defense will tell the jury what they expect the evidence with show. At both the State and the Federal level, the prosecution goes first. While the defense is allowed to reserve their opening statement until the close of the prosecution’s case, that right is very rarely exercised. It’s commonly considered very important that the jury hears the defense version of events as early as possible. After that, the prosecution presents its case through witness testimony and the introduction of evidence. Once the prosecution calls a witness to the stand, the prosecutor questions them (“direct examination”) and then the defense attorney gets the opportunity to question the witness (“cross-examination”). The attorneys will often argue to the Court by objecting to the admission of certain items of evidence or to certain questions asked by the opposition.

Once the prosecution has completed presented their case, the defense may or may not put forth an actual “affirmative case” (calling own witnesses or seeking to enter items of evidence). There are a variety of considerations that go into this decision, the most common one being that the defense believes that the prosecution has not put forth a sufficient case and doesn’t want to inadvertently fill in the blanks for the prosecution. However, the defense may not be content to only demonstrate the holes in the prosecution’s case but decide to seek to admit evidence, call witnesses for the defense, and/or have the defendant testify even though the defendant can’t be compelled to take the stand. After the defense rests, both sides make their closing arguments. At the Federal Level, the prosecution goes first, then the defense attorney, and then the prosecutor gets a quick rebuttal at the end. In State Court, the defense attorney gives their closing argument first and the prosecutor gets to go last.

At the end of the closing arguments, the Jury is given legal instructions by the Judge. The Jury goes into a private sessions called deliberations. These can last anywhere from a few hours to a several days. If the jury can reach a verdict, it is either “Guilty” or “Not Guilty” and it must be unanimous. If the jurors cannot come to a unanimous verdict, the Judge has to declare mistrial. After a mistrial, the prosecution has to decide whether or not to retry the case.

For more information on Plea Offers On 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.

Factors to Consider	Details
Evidence presented at trial	Evaluate the strength of the prosecution’s evidence and whether it proves guilt beyond a reasonable doubt.
Likelihood of conviction	Assess the probability of being found guilty if the case goes to trial based on available evidence and legal factors.
Client’s criminal record	Consider the client’s prior criminal convictions and how they may impact sentencing if they choose to testify at trial.
Degree of risk a person can accept	Determine the client’s comfort level with the potential outcomes, including the risk of a stiffer sentence if found guilty at trial.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Armvm_andrei https://jbassettlaw.com/when-does-the-prosecutor-generally-offer-a-plea-deal-in-a-criminal-case/ When Does The Prosecutor Generally Offer A Plea Deal In A Criminal Case?

from Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett https://jbassettlaw.com/when-does-the-prosecutor-generally-offer-a-plea-deal-in-a-criminal-case/