Unpacking New York’s Implied Consent Law

When driving on any road, it’s crucial for individuals to be aware of the laws that govern their conduct. One of the most significant, yet often misunderstood, is New York’s implied consent law. This law has far-reaching implications for anyone who gets behind the wheel and could profoundly affect you if you are charged with a DWI. Understanding the ins and outs of the implied consent law is vital. It not only helps you make informed decisions if you are ever suspected of DWI, but it also prepares you to handle the legal challenges that could arise from a refusal to take the chemical test. 

If you have been charged with a DWI in New York, top-rated Long Island DWI attorney Jason Bassett is here to provide the skilled representation and clear guidance you need during this critical time. Jason Bassett has a deep understanding of New York DWI laws and a proven track record of successfully defending clients in situations similar to yours. He can walk you through the complexities of the implied consent law alongside the potential costs of a DWI conviction in addition to providing detailed information about the differences between DWI and DUI charges in New York. He can help you navigate the complexities of the implied consent law, formulate a strong defense strategy, and protect your rights every step of the way. 

The sooner you act, the more options you’ll have for building a robust defense. Schedule a consultation with Jason Bassett today and gain the peace of mind that comes from knowing you have a seasoned DWI attorney in your corner. To learn more about how we can help. call the Law Offices of Jason Bassett, P.C. at (631) 259-6060.

Experienced Long Island DWI Attorney Jason Bassett Discusses the Implied Consent Law

The implied consent law in New York is a legal statute that requires motorists within the state to consent to sobriety testing if they are arrested on suspicion of driving while intoxicated (DWI) or driving under the influence (DUI). Under this law, the act of operating a vehicle while on a public road serves as implied consent to submit to a chemical test to determine the driver’s blood alcohol content (BAC) level.

The primary purpose of the implied consent law is to deter drunk driving and enhance road safety. By making chemical testing a condition of driving, the law aims to discourage individuals from getting behind the wheel while under the influence of alcohol or drugs.

Implied consent laws also serve to aid law enforcement and prosecutors in obtaining evidence of a driver’s impairment. This evidence can be crucial in DUI/DWI cases, helping to secure convictions and enforce penalties that further serve as a deterrent to drunk driving.

It’s important to note, however, that while the implied consent law facilitates the testing process, it doesn’t eliminate a driver’s legal rights. Those suspected of drunk driving are still entitled to legal representation and the right to defend themselves in court.

When Does the Implied Consent Law Apply in New York?

If you are operating a motor vehicle in New York, you have implicitly agreed to abide by the state’s implied consent law. This agreement holds regardless of where your driver’s license was issued. So, even if you’re just passing through, or you’re a tourist, if you’re a driver on the road in New York, the implied consent law applies to you.

Implied Consent in DWI Investigations

Implied consent plays a significant role in the process of DWI investigations in New York. It covers everything from the moment an officer suspects a driver may be impaired to the administration of chemical tests. Let’s look at this process in detail.

Traffic Stops and Suspicion of DWI

A DWI investigation typically begins with a traffic stop. Law enforcement officers might pull a vehicle over for a variety of reasons – it could be for a minor traffic violation, erratic driving behavior, or a routine DWI checkpoint. If an officer suspects that the driver is under the influence of alcohol or drugs due to observed signs of impairment, this can lead to a DWI investigation.

During the traffic stop, the officer will observe the driver for signs of impairment. This might include the smell of alcohol, slurred speech, bloodshot eyes, or difficulty retrieving documents like a driver’s license or vehicle registration. These observations can provide the reasonable grounds needed to initiate a DWI investigation.

Standardized Field Sobriety Tests

If an officer suspects that a driver is impaired, they may ask the driver to perform field sobriety tests. These are physical tests designed to assess a driver’s level of impairment, such as the horizontal gaze nystagmus (HGN) test, the walk-and-turn test, and the one-leg stand test. These tests can provide additional evidence of impairment and justify the administration of chemical tests under the implied consent law. It is important to note that doing the field sobriety test is not covered under the implied consent law in New York and drivers have no legal obligation to perform these tests.

Types of Chemical Tests

If an officer has reasonable grounds to believe a driver is impaired, they can request the driver to submit to a chemical test under the implied consent law. These tests typically involve testing the driver’s blood, breath, urine, or saliva to determine the level of alcohol or drugs in the driver’s system.

The Role of Implied Consent in Breathalyzer Tests

Under New York’s implied consent law, if an officer requests a breathalyzer test (a type of chemical test), the driver is expected to comply. The breathalyzer device measures the amount of alcohol in the driver’s breath, which can be used to estimate the blood alcohol concentration (BAC). Refusal to take a breathalyzer test can lead to immediate license suspension and other penalties, regardless of whether the driver was actually impaired. This is one of the crucial aspects of the implied consent law – the automatic consequences that arise from a refusal to submit to testing.

Implied Consent in DWI Investigations	Description
Traffic Stops and Suspicion of DWI	DWI investigations often start with a traffic stop based on observed signs of impairment, such as alcohol smell or slurred speech.
Standardized Field Sobriety Tests	Officers may conduct field sobriety tests to assess impairment, but drivers are not legally obligated to perform these tests.
Types of Chemical Tests	Chemical tests (blood, breath, urine, or saliva) may be administered to determine alcohol or drug levels in the driver’s system.
Implied Consent in Breathalyzer Tests	Drivers are expected to comply with breathalyzer tests when requested; refusal can lead to license suspension and penalties.

Consequences for Refusing a Chemical Test Under Implied Consent

While the implied consent law in New York does require drivers to submit to chemical testing when lawfully arrested for suspected drunk driving, you do have the right to refuse these tests. However, refusal comes with serious consequences that can have a lasting impact on your driving privileges. 

In New York, if you refuse to take a chemical test (breath, blood, urine, or saliva), your driver’s license can be immediately suspended. This suspension is automatic and happens right at the moment of your refusal. The officer will confiscate your driver’s license and issue a temporary driving permit that’s valid until your hearing on the refusal.

Following a Refusal Hearing at the DMV, your ability to gain a conditional license can be revoked if the suspension is upheld. The duration of the suspension of your driving privileges depends on your history of refusals and convictions for drunk driving. 

• For a first-time refusal, your license will be revoked for at least one year and you may be required to pay a $500 fine. 
• If you’ve refused a chemical test before, or if you’ve been convicted of a DWI/DUI in the past five years, the revocation period increases to at least 18 months with a fine of $750.

If you refuse chemical testing multiple times, or if you have a previous DWI conviction, you could face not only lengthier revocation periods but also the possibility of permanently losing your driving privileges in New York. The state takes a hard stance against repeat offenders, and the penalties reflect that philosophy.

Choosing whether or not to submit to a breathalyzer or other forms of chemical testing after a DWI/DUI arrest can be a challenging decision. A failed test would most likely lead to a conviction for drunk driving. Conversely, a refusal could potentially lessen the amount of evidence against you, but it comes with its own set of consequences.

It’s also important to note that even without a definitive Blood Alcohol Content (BAC) test result, you can still be charged and potentially found guilty of drunk driving. According to New York law, your decision to not submit to a test can be used as evidence against you during DWI/DUI criminal proceedings. This means that refusal doesn’t necessarily protect you from a conviction.

In such a complex situation, understanding the various risks and repercussions is crucial in making the most informed decision. 

The Chemical Tests Under Implied Consent

Following an arrest for suspected DUI/DWI in New York, law enforcement may administer several types of chemical tests to determine the level of alcohol or drugs in your system. This falls under the purview of the implied consent law. Here’s what you should know about these tests.

Breath Test

A breath test, often administered using a device known as a breathalyzer, is the most common type of test used in DUI/DWI investigations. The device measures the amount of alcohol in your breath, which is then used to estimate your blood alcohol concentration (BAC). Breath tests are non-invasive and provide quick results, but they must be administered correctly to ensure accurate results.

Blood Test

A blood test provides the most accurate measurement of the amount of alcohol or drugs in the driver’s system. This test involves drawing a sample of blood and sending it to a lab for analysis. While this test is more invasive and results take longer to obtain, its accuracy makes it a powerful piece of evidence in court. However, because it is more invasive, it is typically used in serious cases, such as those involving accidents or injuries.

Urine Test

A urine test may be used to detect the presence of alcohol and drugs in a driver’s system. This test is less common for alcohol detection as it’s considered less accurate than breath and blood tests. However, it can be more effective in detecting the presence of certain drugs. Like the blood test, a urine test involves sending the sample to a lab for analysis, so results are not immediately available.

Limited Grounds to Refuse Chemical Testing

While the implied consent law in New York generally requires drivers to submit to chemical testing when lawfully arrested for a DWI, there are very limited grounds under which a driver can refuse such a test without facing penalties. Here, we will cover these exceptions.

Medical Inability to Take the Test

In some cases, a medical condition may prevent a driver from being able to take a certain type of chemical test. For example, a person with a respiratory condition may be unable to provide a sufficient breath sample for a breathalyzer test. In such cases, the driver should inform the officer of their medical condition. The officer may then decide to administer a different type of test.

No Miranda/Constitutional Rights to Refuse

Contrary to what some people believe, there is no constitutional or Miranda right to refuse a chemical test under the implied consent law. The U.S. Supreme Court has upheld the constitutionality of implied consent laws, stating that driving is a privilege that comes with certain conditions. Therefore, a refusal cannot be justified on the basis that the driver was not read their Miranda rights before being asked to submit to a test.

Confusion about Consent is Not Grounds

Another common misconception is that a driver can refuse a test because they were confused or did not understand what was being asked of them. However, confusion or misunderstanding about the implied consent law is generally not considered a valid reason to refuse a test. In New York, when a driver is asked to submit to a chemical test, the officer is required to inform them of the consequences of refusal. Therefore, a lack of understanding is unlikely to be accepted as a valid reason for refusal.

Requesting an Additional Chemical Test

In some cases, after law enforcement has administered a chemical test, a driver may wish to have an additional test performed. This can be an important part of building a defense in a DWI case. Here’s what you should know.

Right to Additional Test at Own Expense

In New York, if you have been arrested for a DWI and have undergone a chemical test administered by law enforcement, you have the right to request an additional independent test. This test is to be performed by a medical professional of your choosing and is at your own expense. This additional test can provide a second set of results that may be used in your defense.

Must be Done Promptly after Initial Test

If you choose to have an additional test performed, it’s important to understand that this test must be done promptly after the initial test. This is because the level of alcohol or drugs in your system can change over time. The more time that passes between the two tests, the less reliable the comparison between the results will be.

Results Can be Used to Challenge Initial Test

The results of an independent test can be used in court to challenge the accuracy of the initial test performed by law enforcement. For example, if the independent test shows a significantly lower level of alcohol or drugs in your system than the initial test, this could raise questions about the accuracy of the initial test or the procedures used to administer it. However, it’s important to note that the results of an independent test can also potentially strengthen the prosecution’s case if they are consistent with the results of the initial test.

Hearings and Suspension Appeals Related to Chemical Test Refusal

If your license has been suspended due to refusing a chemical test under New York’s implied consent law, there are specific procedures to challenge this suspension. It’s important to understand these steps, as well as the limited grounds on which an appeal can be made.

Hearings to Challenge License Suspension

After a refusal to submit to a chemical test, a hearing will be scheduled in the DMV. This hearing is separate from any criminal proceedings related to a DWI charge. At the hearing, the judge will consider whether the police officer had reasonable grounds to believe you were driving under the influence, whether you were lawfully arrested, whether you were informed of the consequences of refusal, and whether you actually refused the test.

Limited Grounds for Appeal

The grounds on which you can appeal a suspension for refusing a chemical test are limited. Generally, you would need to demonstrate that the officer did not have reasonable grounds to believe you were driving under the influence and that your arrest was unlawful.

Procedures and Time Limits

It’s crucial to act promptly when seeking to challenge a license suspension for refusing a chemical test. In New York, you have a limited amount of time to request a hearing after your arrest. If you miss this deadline, you could lose your right to a hearing and your license will be suspended. It’s strongly recommended to work with a lawyer who is familiar with DWI laws and procedures to ensure that your rights are protected.

Other Consequences of Refusing a Chemical Test

Refusing a chemical test in New York under the implied consent law can have significant consequences beyond immediate license suspension. The refusal can impact your DWI case and potentially lead to increased charges or penalties. Here’s a closer look at these consequences.

Refusal Can Be Used as Evidence in DWI Case

If you refuse a chemical test, that refusal can be used as evidence against you in a DWI case. The prosecution may argue that your refusal indicates consciousness of guilt, suggesting that you refused the test because you knew you were impaired. This can make it more difficult to defend against a DWI charge.

Possibility of Increased Charges/Penalties

In addition to being used as evidence against you, a refusal can also lead to increased charges or penalties. If you are convicted of a DWI, the fact that you refused a chemical test could be considered an aggravating factor, leading to a harsher sentence. This might include a longer license suspension, higher fines, or even a longer jail sentence. Furthermore, a refusal can lead to a separate charge of “refusal to submit to a chemical test,” which carries its own penalties.

How an Experienced Long Island DWI Attorney Can Help

A skilled Long Island DWI attorney can play a crucial role in helping individuals charged with a DWI understand the nuances of the implied consent law in New York. Here are some key ways an attorney can assist:

Clarifying Legal Rights and Procedures

A skilled attorney can provide clear explanations about an individual’s rights under the implied consent law, the procedures involved, and the potential consequences of refusing a chemical test. They can help clients understand why they might be asked to submit to a chemical test, what the results could mean for their case, and what options they have if they choose to refuse the test.

Formulating a Defense Strategy

If a client has refused a chemical test, a seasoned DWI attorney can help them understand the potential legal repercussions and assist in formulating a defense strategy that considers this refusal. The attorney can thoroughly analyze the case, identify any potential weaknesses in the prosecution’s evidence, and construct a strong defense strategy accordingly.

Preparing for Refusal Hearings

A skilled attorney can help ensure clients are prepared for hearings related to license suspensions following a chemical test refusal. They can guide clients through what to expect at the hearing, the types of questions they might be asked, and the best way to present their case. Additionally, an experienced Long Island DWI attorney can also assist throughout the process of defending against the DWI charge itself and build a strong strategy tailored to their client’s case.

Assisting with Appeals

If the initial hearing does not go favorably, an attorney can assist with the appeal process. They can help clients understand the limited grounds on which they can appeal and navigate the strict procedural timelines that apply to ensure all deadlines are met.

A DWI charge can have serious consequences. A skilled Long Island DWI attorney can help individuals fully understand the charges against them, provide strong legal advocacy, and assist clients in navigating the complex DWI laws in New York.

Call Top-Rated Long Island DWI Attorney Jason Bassett Today

If you or a loved one has been charged with a DWI on Long Island, New York, and are facing legal issues regarding the implied consent law, seek legal guidance from a seasoned professional. Jason Bassett, a top-rated Long Island DWI attorney, is here to provide the experienced legal advice and representation that you need.

With extensive knowledge and experience in New York DWI law, Attorney Bassett can help you understand your rights, the charges against you, and the complexities of the implied consent law. He can provide crucial guidance, build a strong defense strategy tailored to your unique circumstances, and stand by your side throughout the entire legal process. The consequences of a DWI charge can be severe, but with the right legal support, you can fight for the best possible outcome.

Contact the Law Offices of Jason Bassett, P.C. today at (631) 259-6060 to schedule a consultation and take the first step towards protecting your rights and building a robust defense. Your peace of mind and future depend on it.

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What is “Robbery” Under New York State Law?

Criminal terms are often used one way in common everyday language, but under the law, they can mean something different (or at least have a very specific, distinct meaning). As an experienced robbery lawyer, it is my job to understand the legal nuances of criminal charges and what each means for you if you have been accused of a crime in New York.

If you are facing charges related to a robbery in New York, it is crucial to understand the legal definition of this offense. At the Law Offices of Jason Bassett, experienced Long Island robbery lawyer Jason Bassett, has a deep understanding of New York State’s criminal laws and will provide you with strong legal representation. Contact us today at (631) 259-6060 to discuss your case and protect your rights.

What is the Difference Between Theft and Robbery in New York?

The terms “theft” and “robbery” are often used interchangeably in conversation however, they have very different legal definitions under New York law. Whereas theft means that property has been taken from a rightful owner, robbery is generally defined as the taking of property by the use of physical force or the threat of force.

Strong Armed Robbery Definition

As per the provisions of the New York Penal Law, there exist three separate categories of robbery offenses, namely third-degree robbery, second-degree robbery, and first-degree robbery. All of these offenses involve the act of forcefully taking someone’s property. However, the severity of the charge increases if certain factors are present, such as the use of a weapon, physical injury to the victim, or assistance from another person.

Robbery in the First Degree (N.Y. Penal Law § 160.15) 

The most severe accusation is first-degree robbery, which is applicable when a robbery occurs and satisfies any of the subsequent conditions:

• Causing significant bodily harm to the victim or a third party.
• Possessing a lethal weapon.
• Utilizing or expressing the intention to employ a hazardous instrument.
• Exhibiting what appears to be a firearm such as a pistol, revolver, rifle, shotgun, machine gun, or similar weapon.

Long Island robbery lawyer

Robbery in the Second Degree (N.Y. Penal Law § 160.10) 

Robbery in the second degree is applicable when committing the act of forcefully taking someone’s property while being aided by another person present during the robbery. This is known as accomplice liability. Robbery in the second degree also applies if a gun or firearm is displayed, or if physical injury is caused to the victim or a third party. Additionally, stealing a vehicle automatically results in at least a charge of robbery in the second degree. A firearm encompasses pistols, revolvers, rifles, shotguns, and machine guns.

Robbery in the Third Degree (N.Y. Penal Law § 160.05)

Robbery in the third degree is charged when, during the act of larceny, physical force or the threat of physical force is used to prevent the victim from resisting or to compel them to hand over the property.

If you are charged with robbery in New York, it is important to consult a Long Island robbery lawyer who is knowledgeable about the intricacies of the New York Penal Law and experienced in defending against robbery charges. The Law Offices of Jason Bassett can assess the evidence against you, develop a strategic defense strategy, and advocate for your rights in court. Get in touch with us now to arrange a free consultation.

Three Degrees of Robbery

Robbery is considered a felony under New York law and is broken down into three degrees, each a different level of the crime with its own punishments and consequences.

1. Robbery in the Third Degree is a class D non-violent felony and is considered the least serious form of the crime.
2. Robbery in the Second Degree is a class C violent felony and the second most serious robbery charge.
3. Robbery in the First Degree is a class B violent felony and is considered the most serious robbery charge.

While any degree of robbery is serious and carries significant prison time, Robbery in the First Degree carries the most significant penalties and can impact an individual for the rest of their lives, even if it is the first offense.

Three Degrees of Robbery	Details
Robbery in the Third Degree	Robbery in the Third Degree is a class D non-violent felony and is considered the least serious form of the crime.
Robbery in the Second Degree	Robbery in the Second Degree is a class C violent felony and the second most serious robbery charge.
Robbery in the First Degree	Robbery in the First Degree is a class B violent felony and is considered the most serious robbery charge.

Robbery Defense Strategies and Legal Justifications

In criminal defense, those accused of robbery have several strategies to assert their innocence or reduce their culpability. When facing such charges, it is paramount to undermine the prosecution’s case, which bears the burden of proving guilt beyond a reasonable doubt. Defendants can cast doubt via alibis or by challenging evidence like eyewitness accounts or surveillance footage.

Intoxication as a defense takes two forms: involuntary, which absolves individuals if they can prove intoxication without their consent, and voluntary, which is more complex. Although not universally accepted, voluntary intoxication may mitigate liability in some jurisdictions by questioning the defendant’s capacity to form the specific intent necessary to commit robbery.

Entrapment is another potential defense but is challenging to establish. It requires showing that the defendant was induced by law enforcement to commit a robbery they would not have otherwise attempted. However, if the defendant was already inclined to commit the crime, this defense typically fails.

Lastly, duress is a defense used when the defendant commits robbery under the threat of immediate force, serious bodily injury, or death. This defense hinges on the credibility of the threat and the lack of a reasonable opportunity to escape the situation without complying.

Each defense is nuanced and requires careful legal examination. The success of these strategies heavily relies on the specific circumstances of the case and the jurisdiction in which the charges are brought.

The Seriousness of a Robbery in the First-Degree Charge

If you are accused of stealing from someone while using or displaying a deadly weapon or other dangerous instruments, or having caused serious physical injury while robbing someone, you will be charged with Robbery in the First Degree. As the most serious and violent of all robbery charges, it carries the most severe penalties.

For a first-time offender with no prior felony convictions, a conviction of Robbery in the First Degree will carry a minimum sentence of 5 years in state prison. Depending on the nature of a record of prior felony convictions, the minimum sentence can increase to either 8 or 10 years. Regardless of any criminal history, the maximum sentence is 25 years in state prison. In addition, the Court can order a person convicted of robbery to pay a fine and/or restitution.

Have You Been Mistakenly Identified?

Criminal prosecutors take robbery charges very seriously. Unfortunately, arrests can be riddled with mistakes. There are times when an individual is falsely accused, charged, and even convicted of robbery. This can sometimes happen even though they were never found in possession of stolen property or a weapon and do not even match the description of the robber.

Particularly when a robbery involves multiple people, the police sometimes arrest and charge someone who just happens to be in the immediate vicinity but in fact was just an innocent bystander. Further complicating matters the fact that eyewitness identifications can be highly flawed, especially in cases of robbery. A witness may mistakenly identify someone as the perpetrator of a robbery even when that person didn’t commit the crime. Mistaken identifications can lead to wrongful accusations and convictions.

Defenses

One defense to a first-degree charge of robbery would be that you did not possess a deadly weapon or dangerous instrument. The statute provides very clear definitions of deadly weapons and dangerous tools. A prosecutor may find it difficult to convince the court that a weapon is dangerous or deathly if the victim was threatened by a non-serrated dull-edged knife. But, even if the victim is convinced that you have a deadly tool, they could still be prosecuted.

Sentence

Robbery of the first degree, a class B felon, is subject to a maximum 25-year sentence. The judge will consider your prior criminal records and any aggravating, or mitigating aspects of your robbery. A judge may still sentence you to 5 years imprisonment even if you have not been convicted of any offenses in your past. Because assault in the first degree is also a violent felony, A court must sentence you to at minimum 8 years if your classification is non-violent. You will not be allowed to be convicted if your classification is violent.

Related Collateral And Offenses Issues

A misunderstanding that becomes physical can lead to a misdemeanor theft offense like Petit Larceny becoming a felony Robbery. However, skilled criminal lawyers representing clients in such arrests routinely find clients facing additional charges, including assault, Grand Larceny, and Criminal Possession of Stolen Property.

No matter what degree of robbery you have been charged with, it is an extremely serious charge and can carry prison time. If you have been charged with robbery in New York, you need a skilled robbery lawyer to ensure that you get an experienced and talented legal defense. Contact the law firm of Jason Bassett Criminal Attorney for a free consultation to understand your legal rights.

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What Is The Difference Between Petit And Grand Larceny In New York?

The theft-related crimes defined by New York State law as “Larceny” can be difficult to navigate. Here are several things you should know when it comes to theft charges. Larceny crimes are classified as Petit or Grand. If convicted of either Petit or Grand Larceny, the penalties in NY are severe. This is why it is crucial to bring your case to an experienced Suffolk County criminal defense attorney. Call Jason Bassett for a free consultation today at (631) 259-6060.

What Is A Larceny Offense Under New York State Law?

New York Penal Law defines Larceny as an allegation of depriving someone of property. The law says that personal property is anything valuable. Therefore, while “property” often means money or possessions it can also include personal data. Such a broad definition of property makes interpreting Larceny a bit tricky.

The context of “depriving” is also wide and can mean not only taking but also disposing of property. Therefore one can be charged with Larceny even if they do not keep the alleged goods.

To be charged with Larceny one does not necessarily have to directly steal something from someone else. Penal Law Article 155.05 defines embezzlement, gaining property through fraudulent schemes, or even keeping possession of lost belongings as theft.

To gain more clarity on this matter contact highly regarded criminal defense lawyer Jason Bassett.

How Is Petit Larceny Defined In New York?

The first and easiest type of Larceny is Petit (petty) Larceny. This is a Class A misdemeanor with a punishment of up to a year in jail for property theft where the value is estimated below $1,000.

Petit Larceny is one of the simplest theft charges. Still, do not take this type of larceny lightly, and do not hesitate to reach out to us in case you have any questions.

What Is Grand Larceny In NY?

Grand Larceny is a more serious theft type. It can be punished with up to twenty-five years in prison and solid fines. Grand Larceny has four degrees which vary greatly based on the value and the type of the stolen property.

Four years in prison is the maximum term for a Grand Larceny in the Class “E” felony when the stolen property value raises above $1,000. It is the lowest class felony but is still seen as a serious crime by NY law.
For the theft of property valued above $3,000, one might face up to seven years in jail. This falls under Grand Larceny in the Class “D” felony.
Grand Larceny in the Class “C” felony is punishable with a fifteen-year prison term. One might face it when the stolen property value is over $50,000.
The maximum sentence of twenty-five years in prison is the punishment for theft with a value above $1,000,000. This is a severe crime and falls under Grand Larceny in the Class “B” felony.

Larceny Type	Punishment
Petit Larceny (Class A misdemeanor)	Up to 1 year in jail (value < $1,000)
Grand Larceny Class E	Up to 4 years in prison (value > $1,000)
Grand Larceny Class D	Up to 7 years in prison (value > $3,000)
Grand Larceny Class C	Up to 15 years in prison (value > $50,000)
Grand Larceny Class B	Up to 25 years in prison (value > $1,000,000)

Understanding Sentencing Guidelines for Petit and Grand Larceny

Understanding the sentencing norms for both petit and grand larceny in New York is critical for individuals engaged in these legal issues. Petit larceny pertains to the theft of items valued at $1,000 or less and is categorized as a Class A misdemeanor. A conviction can lead to a maximum of one year of incarceration, though imprisonment is not mandatory. Alternative penalties may include probation, community service, or fines. For thefts involving property under $100, the prosecution may opt for an adjournment in contemplation of dismissal (ACD), potentially resulting in the dismissal and sealing of the case after six months, thus circumventing a lasting criminal record.

When the value of the stolen property exceeds $1,000, the offense escalates to grand larceny in the fourth degree, a Class E felony. Conviction may impose a prison term of up to four years, but like petit larceny, incarceration is not inevitable. Offenders without a history of felony convictions might be eligible for alternative sentencing such as probation or community service. However, individuals with a recent felony conviction face a mandatory minimum sentence of 1.5 years.

Frequently, larceny charges coincide with accusations of criminal possession of stolen property. For instance, holding stolen goods worth less than $1,000 can lead to a charge of criminal possession of stolen property in the fifth degree, a Class A misdemeanor aligning with penalties for petit larceny. Conversely, possession of items valued over $1,000 elevates the charge to criminal possession of stolen property in the fourth degree, a Class E felony, potentially incurring up to four years of imprisonment.

These sentencing frameworks highlight the importance of seeking legal counsel, as the consequences of a larceny conviction can have far-reaching effects, potentially impeding future job prospects due to the creation of a criminal record.

Determining the Value of Stolen Property in a Larceny Charge

The value of a property stolen in a Grand Larceny or Petit Larceny scheme refers to the market value of the said property at the time of the crime. If the value is not able to be determined, then the value will be calculated according to the cost of the replacement value. New York Penal Law 155.20 allows additional avenues to determine the cost of the stolen property. If the value of the property is not able to be determined, the law allows a default value of $250. Since value is directly linked to the possibility of the individual being charged or arrested, it is important to seek an experienced legal representative. A skilled legal counsel can help contest the legal basis for the valuation.

Petit Larceny and Grand Larceny both are acts of “moral turpitude” which can cause serious consequences and significant impact on a person’s life. These consequences also have the potential to linger on for many years. Criminal defense lawyer Jason Bassett has extensive experience in representing those charged with larceny.

Let us help you choose the best defense strategy if you’ve been arrested for a Petit or Grand Larceny. Contact the offices of Jason Bassett Criminal Attorney for a free consultation.

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Long Island, New York Penalties for Driving While Intoxicated/Driving Under the Influence

The different charges and penalties for DWI on Long Island can quickly get confusing. It is crucial to understand the type of charge you might be facing in order to properly build an effective legal strategy. Getting the help of an experienced Long Island DWI/DUI attorney is essential in understanding your rights under the law. 

Under New York laws, penalties for drunk driving can vary depending on the defendant’s blood alcohol content (BAC). Your charges can differ depending on the results of the chemical test. However, a law enforcement officer declaring that you are in an intoxicated or impaired state can already be enough cause for you to be charged with an impaired driving offense.

Alcohol-Driving While Ability Impaired

A person may be held guilty of Driving While Ability Impaired (DWAI) if they operate a motor vehicle with a BAC of more than .05% but less than .07% BAC or if an officer declares their driving ability as impaired.

Defendants convicted of a DWAI are also subject to the following additional penalties to be accomplished for each offense they were convicted of:

• Submitting to an alcohol and drug screening, assessment, and treatment program
• Attending a victim impact program
• Taking a driver responsibility assessment of $250 annually for three years.

Should a defendant fail to complete these additional penalties, they may be subject to probation violations and additional license suspensions which can remain in effect until the penalties are followed.

Regardless of the instance of offense, provided that repeat convictions do not happen within 5 years, if a defendant does not refuse a chemical test and submits documentation of completing a drug and alcohol rehabilitation program, they may be able to apply and be granted a conditional license. This conditional license will let them drive while their license is suspended pending a DMV hearing.

First Offense

A conviction for a first offense of Alcohol-DWAI is not considered a criminal conviction but rather a traffic infraction. Compared to a DWI, Drugs-DWAI, or Combination-DWAI which are misdemeanor crimes, a first-offense conviction of Alcohol-DWAI carries less severe penalties.

• A fine of $300 to $500 
• A maximum of 15 days in jail
• Mandatory license suspension for 90 days.
• Additional administrative fees in the town or county where the offense occurred

Second Offense

A conviction for a second offense of Alcohol-DWAI is not considered a criminal conviction but rather a traffic infraction. However, penalties can be more severe if the defendant has been convicted of an impaired driving offense in the last five years. 

A defendant who has been convicted of an Alcohol-DWAI who has already been convicted of one DWI or DWAI charge within the past five years is subject to the following penalties:

• A fine of $500 to $750 
• A maximum of 30 days in jail
• Mandatory license suspension for six months
• Additional administrative fees in the town or county where the offense occurred

A defendant who is convicted of a second-offense DWAI within five years of being convicted of an impaired driving offense is not eligible for a conditional license. The DMV also imposes a $750 penalty for those who have had their license revoked for refusing a chemical test or have been convicted of a second impaired driving charge. This penalty is in addition to a license revocation for 1.5 years.

Third and Subsequent Offenses

A conviction for a third offense of Alcohol-DWAI is a misdemeanor. Penalties can be more severe if a defendant has been convicted of two impaired driving offenses within the last ten years.

A defendant who has been convicted of an Alcohol-DWAI who has already been convicted of two DWI or DWAI charges within the past ten years is subject to the following penalties:

• A fine of $750 to $1,500 
• A maximum of 180 days in jail
• Mandatory license suspension for six months
• Additional administrative fees in the town or county where the offense occurred

A defendant who is convicted of a third-offense DWAI within five years of being convicted of two impaired driving offenses is not eligible for a conditional license. The DMV also imposes a $750 penalty for those who have had their license revoked for refusing a chemical test or have been convicted of a prior impaired driving charge. This penalty is in addition to a license revocation for 1.5 years.

Driving While Intoxicated (DWI), Drug-DWAI, Combination-DWAI 

A person may be held guilty of Driving While Intoxicated if they operate a motor vehicle and if:

• They test for a BAC of .08% or more
• They are declared to be in an “intoxicated condition

The BAC requirement is different for commercial drivers and drivers under 21 years of age being .04% and .02% respectively.

A person may be held guilty of a Drug-DWAI if they operated a motor vehicle and if:

• They test positive on a chemical test for a controlled substance under New York State Public Health Law 3306.
• The effects of the controlled substance are proven to have hindered or impaired their ability to drive judiciously

A person may be held guilty of a Combination-DWAI if they operated a motor vehicle and if:

• They test positive on a chemical test for both alcohol and a controlled substance of a combination of controlled substances under New York State Public Health Law 3306.
• The effects of alcohol and controlled substance or the combination of the controlled substances are proven to have hindered or impaired their ability to drive judiciously

The court can suspend a defendant’s license under the following circumstances:

• If the defendant is found to have a BAC of .08% or higher
• If the defendant refused to take a chemical test 

If the refusal is confirmed at the DMV hearing, the defendant’s driver’s license can be revoked for up to a year and they will be required to pay a $500 civil penalty for the first offense and $750 for subsequent offenses.

Defendants convicted of a DWI, Drug-DWAI, or Combination-DWAI are also subject to the following additional penalties to be accomplished for each offense they were convicted of:

• Submitting to an alcohol and drug screening, assessment, and treatment program
• Attending a victim impact program
• Taking a driver responsibility assessment of $250 annually for three years.
• Installation and maintenance of an Ignition Interlock Device (IID) in any vehicle that the defendant owns or operates. The duration of the IID requirement depends on the circumstances of the case and the determination of the judge.

Should a defendant fail to complete these additional penalties, they may be subject to probation violations and additional license suspensions which can remain in effect until the penalties are followed.

Regardless of the instance of offense, provided that repeat convictions do not happen within 5 years, if a defendant does not refuse a chemical test and submits documentation of completing a drug and alcohol rehabilitation program, they may be able to apply and be granted a conditional license. This conditional license will let them drive while their license is suspended pending a DMV hearing.

First Offense

The first-offense conviction of a DWI, Drugs-DWAI, or Combination-DWAI is considered a misdemeanor crime. In addition, a defendant may be subject to the following penalties:

• A fine of $500 to $1,000 and/or a maximum of one year in jail
• Mandatory license revocation for six months
• Additional administrative fees in the town or county where the offense occurred
• Installation and maintenance of an IID for a minimum of six months to a year

Second Offense

A conviction for a second offense of a DWI, Drugs-DWAI, or Combination-DWAI within ten years is considered a class E felony. In addition, a defendant may be subject to the following penalties

• A fine of $1,000 to $5,000 and/or one to four years in jail
  • An additional minimum mandatory sentence of five days in jail if the second DWI conviction is within five years of the first conviction, or
  • 30 days of community service for a public or nonprofit organization
• Mandatory license revocation of one year
• Additional administrative fees in the town or county where the offense occurred
• Installation and maintenance of an IID for the duration of the license revocation period and for an additional period as determined by the judge

A defendant who is convicted of a second-offense DWI, Drugs-DWAI, or Combination-DWAI within five years of being convicted of an impaired driving offense is not eligible for a conditional license. The DMV also imposes a $750 penalty for those who have had their license revoked for refusing a chemical test or have been convicted of a prior impaired driving charge. This penalty is in addition to a license revocation for 1.5 years.

Third and Subsequent Offenses

A conviction for a third offense of a DWI, Drugs-DWAI, or Combination-DWAI within ten years is considered a class D felony. In addition, a defendant may be subject to the following penalties

• A fine of $2,000 to $10,000 and/or one to seven years in jail
  • An additional minimum mandatory sentence of ten days in jail if the second DWI conviction is within five years of the first conviction, or
  • 60 days of community service for a public or nonprofit organization
• Additional administrative fees in the town or county where the offense occurred
• Installation and maintenance of an IID for the duration of the license revocation period and for an additional period as determined by the judge

License Revocation: A defendant who has had three impaired driving convictions, chemical test refusals, or a combination of convictions and refusals within a four-year period is subject to permanent license revocation. The DMV can allow the defendant to reapply for a license after five years if:

• The defendant does not refuse a chemical test during the five-year period when their license was revoked
• The defendant is not convicted of any additional DWI or DWAI offenses during the five-year period
• The defendant submits documentation of completion of a rehabilitation program

A defendant can also obtain a conditional license after a mandatory three-year revocation period.

A defendant who is convicted of a third-offense DWI, Drugs-DWAI, or Combination-DWAI within five years of being convicted of an impaired driving offense is not eligible for a conditional license. The DMV also imposes a $750 penalty for those who have had their license revoked for refusing a chemical test or have been convicted of a prior impaired driving charge.

Degree Type	BAC or Drug Test Result	Penalties
Driving While Intoxicated	BAC ≥ 0.08% (commercial: ≥ 0.04%)	Suspension of driver’s license, Possible civil penalty for refusal, Additional penalties as required
Drug-DWAI	Positive drug test for controlled substance	Suspension of driver’s license, Possible civil penalty for refusal, Additional penalties as required
Combination-DWAI	Positive tests for both alcohol and controlled substance	Suspension of driver’s license, Possible civil penalty for refusal, Additional penalties as required

Leandra’s Law and Its Impact

Leandra’s Law has had a profound impact on New York State’s approach to combating drunk driving, especially when it endangers children. Officially known as the “Child Passenger Protection Act,” this legislation was enacted in 2009 following the tragic death of 11-year-old Leandra Rosado in a drunk-driving related accident. The law underscores New York’s commitment to being one of the strictest states in the nation regarding DWI/DUI offenses.

The cornerstone of Leandra’s Law is the creation of a new class E felony offense for driving under the influence with a child aged 15 or younger in the vehicle. Statistically, the law has shown its teeth — between 2009 and 2014, Suffolk County led the state with 384 arrests under the law. Nassau County also registered a significant number of arrests, ranking fifth with 185 over the same period. These numbers reflect a determined enforcement of the law; however, they also highlight a persistent issue of individuals driving while intoxicated with minors present, signaling a continued need for public awareness and education.

Additionally, the law mandates the installation of an Ignition Interlock Device (IID) for all convicted individuals, adding a preventive layer to stop repeat offenses. This requirement places New York among the few states that impose such a condition on first-time DWI offenders. The device is a critical component in ensuring that those convicted do not reoffend, thereby protecting not just children but all road users.

Leandra’s Law also necessitates that any violation involving a child passenger must be reported to the New York State Child Abuse/Neglect Hotline, ensuring that child welfare agencies are involved in safeguarding the affected children.

The penalties under Leandra’s Law are severe, with prison sentences, fines, and mandatory probation reflecting the gravity of the offense. For instance, causing death or serious injury to a child passenger under the influence can lead to imprisonment of up to 25 years.

Schedule a Consultation with Experienced Long Island DUI/DWI Attorney Jason Bassett Today

Being charged with an impaired driving offense on Long Island can result in an inconvenience at best and significant financial and professional repercussions at worst. It is important to get the help of a skilled Nassau County or Suffolk County DUI/DWI attorney before making a decision.

Jason Bassett, a top-rated Long Island DUI/DWI attorney, has provided aggressive legal representation to residents of Nassau County and Suffolk County who have been charged with drunk driving offenses. Our team of experienced attorneys at the Law Offices of Jason Bassett may be able to help you build a strong legal defense against your charges. Contact us at (631) 259-6060 or fill out our online form today to schedule a free consultation.

Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett Viktoria Altman https://jbassettlaw.com/long-island-new-york-penalties-for-driving-while-intoxicated-driving-under-the-influence/ Long Island, New York Penalties for Driving While Intoxicated/Driving Under the Influence

from Suffolk County Criminal Lawyer | Criminal Attorney Jason Bassett https://jbassettlaw.com/long-island-new-york-penalties-for-driving-while-intoxicated-driving-under-the-influence/