(516) 972-1212

DWI Attorney in Nassau County

If you were arrested for a DWI, then it is important that you hire an attorney experienced in fighting these cases in Nassau County, NY. It is no secret that the state of New York has many of the toughest drunk driving laws in the country. In recent years, local law enforcement agencies and the District Attorney’s Offices of Nassau County and Suffolk County have stepped up their campaigns against those suspected of drunk driving in Long Island, New York.

As a result, prosecutors often ask for harsher sentences and are more reluctant to reduce the charges. By being thoroughly prepared at each stage of the case, Stephanie Selloni works hard to protect her clients and help them fight for the best possible result. Call the Law Office of Stephanie Selloni for a free consultation to discuss your case and what you need to do immediately after your DWI arrest.

During the initial consultation, we can help you understand each step of the process and discuss the penalties for drunk and drugged driving. From the administrative license revocation hearing to the resolution of the case in the criminal justice system, important timelines apply in any DWI case.

Contact a Nassau County DWI attorney as early in the process as possible so that all avenues of attacking the charges are available to you. We represent those charged with drunk driving in and around Garden City, Mineola, Floral Park, Westbury, Hempstead, and the surrounding areas in Long Island. Call Law Office of Stephanie Selloni today at (516) 972-1212. Stephanie Selloni also represents the accused in Suffolk County and all five boroughs of New York City.

Nassau County’s “Selective Enforcement Team” – SET DWI Unit

On Friday, May 23, 2014, the Nassau County Police Department announced the resurrection of its specialized police unit that targets DWI suspects. The DWI unit is called the “Selective Enforcement Team” or SET. With increased roving patrols and DWI checkpoints, officers will be expanding their efforts to increase the number of individuals they arrest for drunk driving.

The DWI Unit’s “Selective Enforcement Team” will also focus on investigating those under 21 years old who drink and drive, under the state’s Zero Tolerance law. The penalties are harsh for even a first lifetime DWI / DWAI in Nassau County.

Information on Nassau County DWI

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Fighting the DWI / DWAI Case

New York’s DWI laws can be complex and continue to evolve. In many ways, defending a DWI or DWAI case is very different from any other type of criminal case. In order to fight the DWI breath test case, your attorney should be well-versed in the breathalyzer instruments used in Nassau County and throughout New York. Your attorney should understand the limitations and problems with chemical testing of the blood and urine.

A blood alcohol concentration (BAC) reading over .08 does not necessarily mean that you will be convicted. In fact, you can fight even high BAC readings by showing problems with the testing methods that might be particularly important under the unique facts of your case. 

Additionally, your attorney should understand the best ways to attack the officer’s testimony about your performance on roadside agility tests, often called Standardized Field Sobriety Exercises (SFSE). Your attorney should have experience filing and litigating motions to suppress evidence because of a bad stop and motions to dismiss the charges when insufficient evidence is presented.

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The History of Drunk Driving Laws in New York

The state of New York passed the first law against driving while intoxicated (DWI) in 1910. New York’s first version of the prohibition against drunk driving did not specify a specific Blood Alcohol Concentration (BAC) or any methods of testing coordination or agility.

In 1938, the New York legislature added a prohibition against driving with a blood alcohol concentration over 0.15%. The legal limit was lowered in 1966 to 0.10%. It was lowered again in 2003 to 0.08%. Although the legal limit has stayed the same since 2003, certain enhanced penalties have been enacted for high BAC levels. For instance, an aggravated DWI with enhanced penalties can be alleged if the BAC is 0.18% or higher.

As a result of these laws, the prosecutor essentially has two ways to prove the case. First, the prosecutor can show that your ability was impaired or that you were intoxicated. Secondly, the prosecutor can show, regardless of actual impairment, that your Blood Alcohol Concentration was over a certain limit (also known as the “per se” charge).  

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The Difference Between DWI and DWAI

DWI (Driving While Intoxicated) – In the State of New York, a person will be charged with DWI if the officer has cause to believe that the person operated the motor vehicle while in an intoxicated condition or while that person’s blood alcohol content is at or above .08%. An arrest for the offense of DWI is a crime.

DWAI (Driving While Ability Impaired by Alcohol) – A person will be arrested for DWAI (Driving While Ability Impaired) if the person’s ability to drive a motor vehicle is impaired by alcohol. A blood alcohol content of .06% or .07% will typically result in an arrest for DWAI.

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DWI and DWAI Penalties

Types of DWI / DWAI Charge

Maximum Jail Time 

Action Against the Driver’s License

DWAI – Driving While Abilities Impaired (§ 1192.1)

15 Days

90 Day Suspension

Second DWI Driving While Impaired in 5 Years (§ 1192.1)

30 Days

6 Month Revocation

DWAI – Driving While Abilities Impaired by Drugs (§ 1192.4)         

1 Year

6 Month Revocation

DWI – Driving While Intoxicated Over 0.08 (§ 1192.2)

1 Year

1 Year Revocation

DWI – “Common Law / Refusal” (§ 1192.3)

1 Year

1 Year Revocation

Aggravated DWI – 0.18 or more (§ 1192.2a)

1 Year

1 Year Revocation

Second DWI in 10 Yrs (§ 1192.3)

4 Years

18 Month Revocation

Third DWI in 10 Years

7 Years

Permanent Revocation

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Finding a DWI / DWAI Attorney to Fight Your Case

DWI convictions can result in losing your driver’s license, installation of the ignition interlock device, heavy fines, jail time, probation, forfeiture of your vehicle, alcohol treatment programs, DMV fees and increased automobile insurance rates. With so much at risk, you need a Nassau County DWI defense lawyer in Garden City, NY, who will be fully prepared to explore and exploit every bit of evidence in the case against you.

We will evaluate your case for strengths and weaknesses. We will help you determine the best strategy for fighting the charges against you. We will explain every aspect of your legal defense so that you will have all the information necessary to determine how to proceed with your case. If a negotiated plea is in your best interest, we will advise you accordingly. But if the case is heading toward trial, we have the experience and knowledge to be thoroughly prepared for battle in the courtroom.

Call the Law Office of Stephanie Selloni for a free consultation today for any DWI or DWAI case in Garden City, Hempstead, Westbury, Floral Park, Mineola, and the surrounding areas of Nassau County, Long Island.