516-972-1212

1225 Franklin Ave.,
Ste. 325
Garden City, NY 11530

First Time DWI / DWAI in Nassau County, NY

The most common offense for DWI or DWAI involves an individual with no prior record for impaired driving. The penalties for even a first-lifetime offense with absolutely no prior record of any kind are still high. A second or subsequent offense comes with enhanced penalties.

The prosecutors in Nassau County, Long Island, NY, take an aggressive stance when prosecuting DWI and DWAI offenses, even for an individual with no prior record of any kind. In many of these cases, the person accused will also face serious collateral consequences related to their employment or licensure issues if they hold a professional license to practice their chosen profession.

Call Attorney Stephanie Selloni to discuss your case and possible defenses to the charges. If this is your first offense, it is particularly important to do everything you can to protect your good name and prevent a permanent criminal record. Call 516-972-1212 today to discuss your case either on the phone or in the office.

First Offense Penalties for DWAI for Alcohol

The penalties for a first offense of DWAI involving alcohol include:

  • Up to 15 days in jail.
  • A $300 - $500 fine.
  • A minimum $250 annual assessment fine, for a total of $750 in fines over 3 years as part of the state’s Driver Responsibility Program.
  • License suspension for 90 days.

For a conviction of a first-lifetime charge of DWAI involving alcohol, the court in Nassau County might require enrollment in the New York Drinking Driver Program (DDP) and all the associated costs.

First Offense Penalties for DWI and DWAI for Drugs

A first offense for DWI or a first offense for DWAI involving drugs each carry the same penalties which include:

  • Up to 1 year in jail. A $500 - $1,000 fine.
  • A minimum $250 annual assessment fine, for a total of $750 in fines over 3 years as part of the state’s Driver Responsibility Program.
  • DWAI: License revocation for 6 months.
  • DWI: License suspension for 6 months.

For a first conviction of DWAI for drugs or DWI, the judge in Nassau County might requirement enrollment in the New York Drinking Driver Program (DDP) and all the associated costs.

First Offense Penalties for DWAI with a Combination of Drugs and Alcohol

For a first offense of DWAI involving driving under the influence of a combination of both alcohol and drugs carries the following penalties and punishments for a first-lifetime offense:

  • Up to 1 year in jail. A $500 - $1,000 fine.
  • A minimum $250 annual assessment fine, for a total of $750 in fines over 3 years as  part of the state’s Driver Responsibility Program.
  • License revocation for at least 6 months.

After a conviction for a first-lifetime charge of DWAI involving driving under the influence of a combination of both drugs and alcohol, the court in Nassau County might require enrollment in the New York Drinking Driver Program (DDP) and all the associated costs.

First Offense Penalties for Aggravated DWI

If your BAC is 0.18% or higher, even if you have no prior record and this is a first-lifetime offense, the court must impose certain minimum requirements for Aggravated DWI (A-DWI) including:

  • Up to 1 year in jail.
  • A $1,000 - $2,500 fine.
  • A minimum $250 annual assessment fine, for a total of $750 in fines over 3 years as part of the state’s Driver Responsibility Program.
  • License revocation for at least 1 year.

Additionally, for a first offense involving an aggravated DWI (often called the “A-DWI”), the court in Nassau County might require enrollment in the New York Drinking Driver Program (DDP) and all the associated costs.

Penalties for a Commercial Drivers and a DWI-Related Charge

A Commercial Driver License (CDL) holder in New York cannot legally operate commercial vehicles with a BAC of 0.04% or higher. Doing so brings much more severe penalties than those that regular drivers experience. Those additional penalties and punishments include higher fines and a permanent license revocation. The law in New York also provides for other DWI Penalties and special Chemical Test Refusal Penalties.

In addition to the fines and other penalties listed below, a person convicted of refusing a chemical test must also pay a minimum $250 annual assessment fine, for a total of $750 in fines over 3 years as part of the state’s Driver Responsibility Program. The Federal Motor Carrier Safety Administration (FMCSA) handles all regulations and penalties associated with commercial vehicle drivers charged with DWI / DWAI throughout the country.

Under New York’s Consent Law, a CDL holder gives his or her consent to have blood, breath, urine, or saliva tested for alcohol or drugs after an officer conducts a traffic stop.

First Offense of DWI-Related Charges for a CDL Holder

For a person accused of a first DWI-related charge who is also a CDL holder, the law provides for the following penalties: $550 civil penalty for commercial drivers which must be paid before reapplication for the driver license. License revocation for 18 months for commercial drivers.

First Offense for Zero-Tolerance Chemical Test Refusal

Under New York law, for drivers younger than 21 years old, it is a violation of the zero tolerance law if the driver refusing a chemical test. Under the zero tolerance law, the driver under 21 years old can face the following consequences for a first offense: License revocation for at least 1 year. $100 to reapply for the license. $300 civil penalty. Read more about the under age 21 zero tolerance DWI / DWAI charges.


Finding a DWI / DWAI Attorney in Nassau County for a First Offense

If you were arrested for a first offense of DWI, DWAI, or aggravated DWI, find out more about the possible penalties and punishments that come with a conviction. Prosecutors in Long Island, including Nassau County and Suffolk County, take an aggressive stance when prosecuting these offenses. Most people charged with a DWI or DWAI are first-time offenders so that fact alone carries little weight with the prosecutor.

Even more problematic, many first time offenders face very serious collateral consequences that last long after the court case is resolved. The collateral penalties are particularly harsh for nurses and health care providers, teachers and certified educators, members of the military, law enforcement officers, Certified Public Accountants (CPA) and holders of a commercial driver's license (CDL).

Call 516-972-1212 today to discuss your case involving a first-lifetime accusation of DWI, DWAI, and aggravated DWI today. Whether your case involves a breath test or blood test, or a refusal to submit to testing, call an attorney at Law Office of Stephanie Selloni to discuss your DWI / DWAI case today.