(516) 543-9386
DWI
DEFENSE
What is DWI Defense?
Understanding DWI Defense Laws in New York
New York has strict laws when it comes to driving under the influence of alcohol or drugs. The state enforces various categories of offenses, including:
-
DWI: Driving with a Blood Alcohol Content (BAC) of 0.08% or higher.
-
Aggravated DWI: A more serious charge for drivers with a BAC of 0.18% or higher.
-
DWAI: Driving While Ability Impaired, which includes both alcohol and drugs, with lower BAC thresholds.
-
Zero Tolerance Law: For drivers under 21, it’s illegal to drive with a BAC of 0.02% or higher.
Penalties can range from fines, license suspensions, and mandatory alcohol education programs to imprisonment, especially for repeat offenders or those involved in accidents. New York also imposes additional penalties for refusing to submit to a chemical test, such as automatic license suspension.
It’s important to understand that being charged with Driving While Intoxicated (DWI) is not the same as being convicted. However, without strong legal representation, a DWI conviction can have significant, life-altering consequences. These consequences can impact you both immediately and for many years to come, making it crucial to seek experienced legal counsel to protect your rights and future.
Short-Term Impacts:
-
Legal Penalties: Convictions often result in fines, surcharges, mandatory education programs, or community service, depending on the offense and prior history.
-
License Suspension or Revocation: Losing driving privileges can severely affect your ability to commute to work, school, or other essential activities.
-
Incarceration: Jail time may be imposed even for first-time offenders, depending on the circumstances of the case.
-
Ignition Interlock Device: Courts may require this device in your vehicle, which mandates a breath test before driving.
-
Insurance Costs: Auto insurance rates can increase significantly or coverage may be canceled altogether.
-
Employment Challenges: Jobs requiring driving or a clean record may be lost following a conviction.
Long-Term Impacts:
-
Criminal Record: A DWI conviction remains on your permanent record, potentially hindering job prospects and other opportunities.
-
Financial Burden: Costs such as elevated insurance premiums, court fees, fines, and transportation expenses can accumulate over time.
-
Travel Restrictions: Some countries may restrict entry to individuals with a criminal record, including those with DWI convictions.
-
Professional Licenses: A conviction can jeopardize professional certifications or licenses, with some boards requiring suspension or revocation.
-
Personal Relationships: The strain of a conviction can affect relationships with family, friends, and loved ones.
-
Education Opportunities: Access to financial aid and college admissions may be limited due to a DWI record.
Megan Gallagher's role in DWI Defense
Experienced Domestic Violence Attorney: Your Advocate in Times of Need
Megan Gallagher is a dedicated attorney specializing in defending individuals charged with Driving While Intoxicated (DWI). She understands the serious consequences these charges can have on a person’s life, including license suspension, fines, and even imprisonment. Megan Gallagher meticulously examines every aspect of the case, from the initial traffic stop to the administration of field sobriety and chemical tests, ensuring that law enforcement followed proper procedures and that her clients’ rights were not violated.
With her strategic approach, Megan Gallagher works to challenge evidence such as breathalyzer or blood test results and identifies weaknesses in the prosecution’s case. She also negotiates with prosecutors for reduced charges or alternative sentencing, such as alcohol education programs. Megan Gallagher’s goal is to minimize the impact of a DWI charge on her clients’ lives, providing compassionate support and a robust legal defense to protect their future.
Why Megan Gallagher?
Choose Megan Gallagher, Book a Free Consultation Now
Megan Gallagher is a highly skilled and compassionate attorney with extensive experience in DWI defense. She is committed to protecting her clients' rights and thoroughly investigates every detail of the case, from the legality of the traffic stop to the accuracy of sobriety tests. Megan Gallagher's in-depth understanding of DWI laws allows her to identify procedural errors and challenge evidence, such as faulty breathalyzer results or improper handling of blood samples.
Her ability to negotiate favorable outcomes, such as reduced charges or alternative sentencing, sets her apart. Megan Gallagher is dedicated to providing personalized support, ensuring her clients understand the legal process and feel empowered every step of the way. Her strategic and client-focused approach makes her the ideal advocate for anyone facing DWI charges.
Megan Gallagher's experience in DWI Defense
Extensive Legal Experience
Megan Gallagher brings extensive experience in defending individuals facing Driving While Intoxicated (DWI) charges. Over the years, she has successfully handled a wide range of cases, from first-time offenses to more complex situations involving repeat charges or aggravated circumstances. Megan Gallagher is highly skilled in scrutinizing the details of traffic stops, field sobriety tests, and chemical test results to uncover procedural errors or violations of her clients’ rights.
Her expertise extends to negotiating reduced charges, challenging evidence such as faulty breathalyzer readings, and advocating for alternative sentencing options like alcohol education programs. Megan Gallagher’s thorough knowledge of DWI laws and her strategic approach to building strong defenses have earned her a reputation as a trusted and effective advocate. With a focus on minimizing the impact of DWI charges on her clients’ lives, Megan Gallagher works tirelessly to achieve the best possible outcomes.
When facing DWI charges, the legal and personal challenges can feel overwhelming. A skilled DWI defense lawyer ensures the accused’s rights are protected, carefully examining every detail of the case while providing strategic support to navigate the complexities of DWI laws and work toward the best resolution.
What Is the Difference Between a DWI, DUI, and a DWAI?
In New York, driving under the influence can result in various charges, with penalties escalating based on offense severity and prior history.
A first-time DWI carries serious consequences, which increase with higher BAC levels or repeat offenses.
The state recognizes two main offenses: DWI (Driving While Intoxicated) and DWAI (Driving While Ability Impaired).While "DUI" is commonly used elsewhere,
it is not anofficial term in New York law. DWI offenses are categorized based on the substance involved and the driver's level of impairment.
01
Driving While Intoxicated (DWI): This is when a driver operates a vehicle with a BAC of 0.08 percent or higher, or 0.04 percent for commercial vehicle drivers.
02
Aggravated DWI: This occurs when a driver's BAC is 0.18 percent or above. Additional aggravating factors are also considered such as being charged with a DWI with a minor passenger in the car (Leandra’s Law).
03
Driving While Ability Impaired (DWAI): This charge applies to drivers with a BAC below 0.08 who exhibit signs of impairment, such as slurred speech or uncoordinated movement.
04
DWAI-Drugs: This is when driving is impaired by drugs, whether they are illegal or prescription drugs.
05
DWAI-Combination: This applies to driving while impaired by a combination of alcohol and drugs.
DWI Penalties and Sentencing in New York
For individuals facing their first DWI offense on Long Island, the consequences can be substantial.
If convicted, the penalties may include:
-
A fine ranging from $500 to $1,000.
-
A potential jail term of up to one year.
-
A mandatory driver’s license suspension for a minimum of six months.
-
The requirement to install and maintain an ignition interlock device (IID) on any vehicle owned or operated by the offender during the suspension and for a period after the restoration of driving privileges.
-
Attendance in the New York State Impaired Driver Program (IDP) or an equivalent program, which may be a condition for reinstating driving privileges.
-
Possible probation for up to three years.
These penalties can escalate if the BAC was particularly high or if there was an accident or injury involved. The consequences extend beyond legal penalties, as they can also affect employment, insurance rates, and personal relationships.
-
Repeat DWI offenders face harsher penalties on Long Island as part of New York’s efforts to deter persistent drunk driving.
For a second DWI offense within ten years, an individual can expect:
-
A fine between $1,000 and $5,000.
-
A possible jail term of up to four years.
-
A driver’s license revocation for at least one year, but potentially for an extended period.
-
The installation of an IID for the duration of the license revocation and possibly beyond.
-
Enrollment in the Impaired Driver Program or a similar rehabilitation program.
Repeat offenders are often subject to closer scrutiny and may have their driving habits monitored more closely after the reinstatement of their driving privileges.
-
Given the complexity of felony DWI cases and the severe penalties at stake, legal representation is crucial for those facing such charges. A lawyer can provide guidance on the legal process, potential defenses, plea bargaining, and can work to minimize the impact of the charge on the offender’s life. Jason Bassett at The Law Office of Jason Bassett can provide the quality legal assistance you need.
In New York, penalties for driving while intoxicated (DWI) are influenced by factors such as the driver’s blood alcohol content (BAC), prior offenses, and the circumstances of the incident. New York State takes DWI offenses seriously, with laws aimed at punishing offenders and deterring future violations.
Contact for Free Consultation
Call Now (516) 543-9386
24 hours a day, 7 days a week
Testimonials
“I have known Megan Gallagher for over 10 years through our professional relationship as attorneys at the Attorney General’s Office. In my 30 year legal career, I have not met a more dedicated and caring attorney who fights as hard for her clients or has as much success. Megan is someone you want on your side when facing legal challenges - she will explain things clearly, put you at ease and advocate fiercely for you!”
-Lara
Testimonials
“I am a current client of Ms. Gallagher and she’s been wonderful throughout my legal issues. She listens, communicates very well with you, she cares about her clients and gives 100% of herself to the job which is YOU. I truly truly appreciate all the work she’s done for me. I’ll call ms. Gallagher esq. for legal services for a lifetime let’s hope I don’t need to lol. I recommend her services/office services. So if you’re having legal troubles give Ms. Gallagher a call."
-Miss Cocoa
Testimonials
“I have known Megan Gallagher for over 10 + years. Besides being very professional & good at what she does. She is a kind & compassionate person. She would be the ideal defense attorney for a client to fight for them especially since she’s been a prosecutor for many years & knows how the prosecution thinks, which is a winning formula for a defense attorney.”
-Arleen Linquiti
Testimonials
“I have known Megan Gallagher for >10 years through our professional relationship as attorneys at the Attorney General’s Office. In my 30 year legal career, I have not met a more dedicated and caring attorney who fights as hard for her clients or has as much success. Megan is someone you want on your side when facing legal challenges – she will explain things clearly, put you at ease and advocate fiercely for you!”
-Jason Bassett
Testimonials
“Megan Gallagher is one of the finest attorneys I know and I would refer her to anyone needing legal representation without reservation.”
– Rose LaRocca
Testimonials
“The best defense attorneys are former prosecutors. They know their way around the courtroom. Megan Gallagher is that attorney. She has decades of experience handling every type of offense from simple traffic violations to the most complex felonies. She genuinely cares about her clients and will fight to achieve the best outcome. As a former prosecutor and defense attorney myself I unequivocally endorse and recommend Megan!”
-Heather Mahn
Testimonials
“My lawyer’s name is Megan. She is absolutely a professional and experienced lawyer who cares your case literally as much as you do. She is no doubt highly above average among all lawyers. She helped me a lot in my case and the case is going to be soon dismissed. Definitely recommend having her as your attorney!”
– Carla Best
Testimonials
“Megan Gallagher is a phenomenal attorney who you want on your side! She is brilliant, experienced, and tenacious – and goes above and beyond to advocate for her clients and get justice. If you want a lawyer who is going to fight hard and get the best possible result, Megan is the one for you!”
– Peter Zadek
Write us a review on Google by clicking "Give review" button
Google Business Profile Review
DISCLAIMER
The information provided on this site is not legal advice and is not intended to be. You should consult an attorney regarding your specific situation. Contacting us does not establish an attorney-client relationship, so please refrain from sending confidential information until such a relationship is formed. Please note that the outcomes of legal cases depend on their unique facts and circumstances, and The Law Office of Jason Bassett, P.C. cannot guarantee specific results in any legal matter. Any testimonials or case results featured here are based on actual cases and reflect the outcomes of those particular cases, without guaranteeing, warranting, or predicting results for other legal matters. Privacy Policy | Terms of Service.