Nassau County DWI Lawyer

Trusted DWI Attorney in Nassau County

Being arrested for driving while intoxicated (DWI) can be life-changing. A conviction can result in DWI penalties such as jail time, fines, probation, or license suspension. However, just because you are arrested does not mean you are going to be convicted. A Nassau County DWI lawyer can help you build a defense strategy that pursues mitigated charges, reduced penalties, or a not guilty verdict,

Greco Neyland, PC: Work With an Experienced Nassau County Criminal Defense Lawyer

Greco Neyland, PC has years of experience in New York criminal defense, including DWI cases. Attorney Jeff Greco is a skilled Nassau County DWI attorney and has been certified by the National Highway Traffic Safety Administration to conduct standardized field sobriety tests and is also a Drug Recognition Expert. This experience and training allow him to identify errors or inconsistencies in how law enforcement investigates DWI cases, which are then used to build a defense strategy.

Greco Neyland has also been honored as a top 100 trial lawyer in America and has been recognized by SuperLawyers from 2020 to 2023. However, awards and recognition are not guarantees of future results. Selection criteria vary by organization.

Understanding New York’s DWI Laws

You can be convicted of DWI if the prosecution has sufficient evidence to prove that you were driving with a blood alcohol content (BAC) above 0.08%, or while impaired by alcohol or drugs. The BAC limit for commercial drivers is only 0.04% and is 0.02% for drivers who are under 21 years old.

DWI Cases in Nassau County are typically heard by the Nassau County District Court at 99 Main Street, Hempstead. Here, the prosecution can present evidence supporting a conviction, and you can challenge their case as well as present exonerating evidence.

In New York, over 30% of all fatal crashes are alcohol-related. Nationally, 11,904 deaths in 2024 were attributed to drunk driving. With the huge impact of intoxicated driving, these cases are taken extremely seriously by law enforcement, prosecutors, and the District Court.

Types of DWI Penalties You May Face

If you are convicted of DWI in New York, the consequences can be severe. The specific DWI penalties vary depending on factors such as your BAC, whether you have prior convictions, the circumstances of the case, and whether you have taken accountability. Some of the most common penalties include:

• Jail time: Imprisonment is one of the most severe DWI penalties, impacting your freedom and everyday life. Misdemeanor DWIs have a maximum of one year in jail, while felony cases can result in even longer prison sentences.
• Fines: The fines for a DWI conviction can be hundreds to thousands of dollars. This does not include additional fees, potential victim restitution, or legal costs.
• Fees and surcharges: The additional fees and surcharges in a DWI case can significantly increase the financial impact of a conviction. This can include a mandatory surcharge, additional surcharge, alcohol fee, or crime victim assistance fee.
• License suspension: A conviction can mean you lose driving privileges, often for up to a year or more. License suspension is an administrative penalty rather than a criminal penalty, which means you must request a hearing with the DMV to challenge automatic license suspension.
• Installation of an ignition interlock device (IID): You can be required to install an IID into your vehicle in order to drive. This device measures the alcohol content in your breath before starting the engine and periodically while driving.
• Education or rehabilitation programs: Courts often require offenders to attend re-education or rehabilitation programs, such as attending a victim impact panel, taking a driver responsibility assessment, or receiving counseling for drug or alcohol abuse.

Even once you have completed the court-ordered penalties, you are still left with a permanent criminal record. Many individuals with a DWI face challenges when it comes to finding employment, applying for loans, securing housing, obtaining or keeping certain professional licenses, and their immigration status. Even if the immediate penalties do not seem severe, it is important to work with a Nassau County DWI lawyer to avoid these permanent consequences.

Potential Defenses in a DWI Case

There are many different defense strategies that can effectively achieve outcomes such as reduced charges, dismissed charges, or not guilty verdicts. The right defense strategy depends on your unique case circumstances and the evidence that is available for your case. A Nassau County DWI attorney can review your case to identify a strong defense.

Some common defenses include:

• Challenging the legality of the traffic stop: Law enforcement must have probable cause to conduct a traffic stop. In a DWI case, this often involves identifying strange driving behaviors such as speeding or improper lane changes, or observing open containers of alcohol or drugs. You may be able to defend against a conviction if you can prove that you were pulled over without probable cause.
• Disputing field sobriety tests: Field sobriety tests are used by law enforcement to determine whether you are likely impaired and should be arrested on suspicion of DWI. A lawyer can review the administration and results of these tests to identify weaknesses. If there are errors in these tests, they may not be able to be used as evidence against you.
• Questioning the accuracy of chemical tests: Chemical tests, such as blood, breath, or urine tests, provide valuable insight into a DWI case. However, they must be carefully administered, handled, and analyzed. If there are errors in how the test is administered or how this evidence is handled, then the results may not be reliable, weakening the prosecution’s case against you.
• Identifying a constitutional violation: A lawyer can identify whether any of your constitutional rights were breached during the traffic stop, arrest, investigation, or trial. This may include an illegal search and seizure, failure to notify you of your right to remain silent and obtain legal counsel, or violating your right to due process.

When to Hire a DWI Lawyer

It is important to hire a DWI lawyer as soon as possible after an arrest. This can help you protect your rights while also limiting the evidence against you and improving your chances of a strong defense.

Law enforcement works quickly to gather evidence against you, such as by:

• Examining your appearance and actions for signs of intoxication
• Searching your vehicle for alcohol or drugs
• Questioning you about what occurred
• Conducting chemical tests
• Speaking with witnesses

After an arrest, request to contact a lawyer and then remain silent. Wait for your lawyer’s guidance before consenting to searches or answering questions about what occurred. If you have a lawyer with you, they can advise you on what to say and do to avoid penalties that may come from not cooperating with an investigation, while still protecting you against unnecessary searches or interrogations.

FAQs

How Long Does a DWI Case Take in New York?

The time it takes for a DWI case to resolve depends on the complexity of the case, the court’s schedule, and whether your case goes to trial. These cases may take only a couple of months to over a year to resolve. Acting quickly after an arrest can help you prevent delays while also improving your chances of a positive outcome. If you hire a DWI lawyer early, they can make sure you stay on top of all responsibilities for your criminal and administrative DWI case.

Is a DWI a Felony in New York State?

Most DWIs are a misdemeanor, not a felony, in New York. However, charges can become a felony in certain circumstances, such as if you have a prior DWI conviction in the past ten years, if you had a passenger who is 15 or younger in the car, or if you caused serious injury or death. Felony DWI laws outline stricter penalties compared to misdemeanor cases, potentially including over a year in jail, higher fines, and longer license revocation.

How Can You Get a DWI Dismissed in New York?

There are many ways a DWI case may be dismissed. Dismissal is not possible in all cases, but if you are looking to improve the likelihood of dismissal, you should work with a Nassau County DWI attorney. An attorney can evaluate your case for legal issues, such as an illegal traffic stop or insufficient evidence, that may warrant dismissal. They can then negotiate with prosecutors to dismiss the case, or file a motion to dismiss with the court.

Can You Refuse a Breathalyzer Test If You Are Arrested for DWI?

No, you cannot refuse a breathalyzer test or other type of chemical test after you are arrested for a DWI. New York’s Implied Consent Law means that all drivers are considered to have given consent to chemical testing if they are arrested on suspicion of DWI. Violating this law can lead to additional penalties, such as immediate license suspension, and your refusal may be brought as evidence against you during your trial.

Reach Out to a Skilled Nassau County Criminal Defense Lawyer

The impact of a DWI conviction is severe. Contact Greco Neyland, PC now to protect your rights and future against New York’s strict DWI penalties.