Available 24/7. FREE attorney consultation via phone, video conferencing, or in person

Call For Your Free Consultation

Experienced Nassau County DWI Lawyer

Nassau County DWI Lawyer - Lebedin Kofman LLP

Driving While Intoxicated (DWI) is a serious offense in Nassau County, New York. The state has strict laws to combat drunk driving and ensure the safety of all road users. If you’ve been charged with a DWI in New York, particularly on Long Island, it’s imperative to grasp the complexities of local DWI legislation. New York State has its own set of stringent DWI laws and consequences that can have lasting impacts on your personal and professional life. With the stakes this high, securing legal representation that is both proficient and experienced in Nassau County DWI cases is essential.

Our Nassau County DWI lawyers at Lebedin Kofman LLP are well-versed in the nuances of New York’s DWI laws and bring a wealth of experience to the table when defending clients in Nassau County. Our approach is tailored to the unique circumstances of each case, ensuring that every client receives a defense strategy designed to achieve the best possible outcome.

If you’re facing a DWI charge on Long Island, it’s important to act swiftly to protect your rights and future. Reach out to Lebedin Kofman LLP for a consultation. Our Nassau County criminal defense attorneys are ready to assess your case and provide the legal support you need to face these charges with confidence.

Call us at (516) 212-4209 to discuss your case.

New York State DWI Regulations

New York State has established a comprehensive set of DWI regulations designed to deter driving under the influence of alcohol or drugs. A DWI charge can be based on evidence of impairment, such as erratic driving, or based on the results of chemical testing. In New York, you can be charged with DWI if you operate a motor vehicle with a BAC of 0.08% or higher. For commercial drivers, the threshold is lower at 0.04%. Additionally, drivers under 21 years old can be charged under the Zero Tolerance Law. 

Defense StrategyDetails
Challenging the Traffic Stop LegalityQuestioning the legality of the initial traffic stop, ensuring law enforcement had reasonable suspicion, and challenging any unlawfully obtained evidence, which may lead to the dismissal of charges.
Questioning the Accuracy of Sobriety TestingScrutinizing the administration and calibration of sobriety tests, both field and chemical, to challenge their reliability and accuracy, potentially undermining the prosecution’s case against the defendant.
Defending Against Improper Police ProcedureInvestigating the arrest process to ensure proper adherence to protocols, including the administration of tests, Miranda warnings, and evidence handling, aiming to challenge any procedural errors that may impact the admissibility or credibility of evidence.
Handling Cases With Lack of Probable CauseExamining whether there was sufficient probable cause for the arrest, challenging flawed observations or judgment by the arresting officer, and seeking to weaken the case against the defendant if probable cause was lacking or based on faulty grounds.

Nassau County adheres to the BAC limits set by New York State law. The legal limit for most drivers is a BAC of 0.08%. However, drivers can still be charged with Driving While Ability Impaired (DWAI) with a BAC from 0.05% to 0.07%. It’s crucial to note that these limits are not just guidelines but legal thresholds that carry significant legal consequences if exceeded.

The penalties for DWI in Nassau County can be severe and vary depending on the circumstances of the offense. For a first-time DWI conviction, penalties may include fines ranging from $500 to $1,000, up to one year in jail, and a minimum six-month driver’s license revocation. Penalties escalate with subsequent offenses, and a third DWI within ten years can be classified as a felony, leading to more severe punishment, including state imprisonment.

An Aggravated DWI charge is issued when the driver’s BAC is 0.18% or higher. This is a more serious offense than a standard DWI and carries harsher penalties. For a first-time aggravated DWI, penalties include fines from $1,000 to $2,500, a one-year revocation of the driver’s license, and the possibility of up to one year in jail. Moreover, the court may require the installation of an ignition interlock device (IID) on any vehicle that the convicted person owns or operates. The consequences of aggravated DWI charges underscore the importance of having a skilled DWI lawyer who understands the complexities of DWI cases in Nassau County.

Navigating DWI laws in Nassau County can be complex and intimidating. If you or someone you know is facing DWI charges, it is crucial to consult with a knowledgeable Nassau County DWI lawyer who can provide a robust defense based on a deep understanding of local and state DWI laws.

Leandra’s Law, officially known as the Child Passenger Protection Act, is a New York State statute that was enacted in November 2009.

Leandra’s Law has two major components:

  • First Offense Felony: It makes it an automatic felony for a driver to be intoxicated or under the influence of drugs with a child 15 years old or younger in the vehicle. This applies even if it’s the driver’s first offense. 
  • Ignition Interlock Devices: The second part of the law requires that any driver convicted of a DWI, even first-time offenders, must install an ignition interlock device on any vehicle they own or operate. The interlock device requires the driver to provide a breath sample that proves they are not under the influence of alcohol before the vehicle can start.

Leandra’s Law thus significantly increased the penalties for driving while impaired in New York when a child is in the vehicle. If you have been charged with an aggravated DWI under Leandra’s Law, working with a skilled DWI lawyer is of utmost importance.

Schedule A free Consultation

Schedule a free consultation

Our Process

The attorney will call you to discuss your case, defenses, and possible outcomes.

You will be told the fee right away, as well as, potentially available payment plans and financing options.

You will have the option of coming into our office to discuss further or we email you a retainer agreement and we can handle everything right from your phone without the need to go anywhere.

Personalized Legal Strategies for DWI Charges from Lebedin Kofman LLP

Schedule A free Consultation

Every DWI case carries its own set of facts and challenges, and understanding the nuances of each situation is critical in forming an effective defense. The skilled attorneys at Lebedin Kofman LLP are not only experienced in navigating the Nassau County legal system but are also adept at providing personalized legal solutions tailored to the specifics of your case. Our attorneys take the time to conduct a thorough review during your initial consultation, laying out the process and pinpointing the strongest legal avenues to pursue.

Whether it’s aggressively advocating for a not guilty verdict, seeking dismissal or reduction of charges, or minimizing potential penalties, the team at Lebedin Kofman LLP approaches each case with a strategic mindset. Our team’s familiarity with the local courts, judges, and legal procedures in Nassau County gives us the edge to mount a robust defense aimed at securing the best possible outcome for your unique situation.

Your Rights During a DWI Stop

In Nassau County, if you find yourself facing a traffic stop on suspicion of DWI, being aware of your legal rights is crucial. The actions you take in the immediate aftermath of such an encounter can greatly influence the direction and results of any legal challenges that may follow. 

Motorists have specific rights that must be respected by law enforcement.

If you are pulled over for a suspected DWI:

  • Right to Remain Silent: You are not required to answer incriminating questions. Politely stating that you wish to remain silent is your right under the Fifth Amendment.
  • Right to Refuse Searches: Without a warrant or probable cause, you have the right to decline searches of your vehicle. However, note that if an officer believes they have probable cause, they can search your car without your consent.
  • Right to an Attorney: You have the right to consult with an attorney as soon as feasible after your arrest.

Understanding these rights is the first step to ensuring they are not infringed upon during a DWI stop. Consider consulting a Nassau County DWI lawyer from Lebedin Kofman LLP at the soonest possible opportunity after an arrest. Taking urgent legal action is crucial to ensure your rights are protected and represented.

Field Sobriety Tests (FSTs) are commonly used by police to establish probable cause for a DWI arrest. In New York, these may include the Horizontal Gaze Nystagmus (HGN) test, the walk-and-turn test, and the one-leg stand test. While you may think participating in these tests will demonstrate your sobriety, it’s important to know that you are not legally required to take them and that they are often subjective and can be unreliable. Refusing to take these tests may lead to an arrest, but it also deprives the prosecution of potentially incriminating evidence.

The Implied Consent Law in New York states that, by driving on New York roads, you’ve agreed to submit to a chemical test (like a breathalyzer) if requested by law enforcement.

Refusing to take a breathalyzer test can have serious consequences:

  • License Suspension: Your driver’s license can be suspended immediately, regardless of whether you’re eventually found guilty of DWI.
  • Evidence in Court: Your refusal can be used as evidence against you in court, potentially influencing a jury to believe you were trying to hide intoxication.
  • Civil Penalties: You may face civil penalties such as fines and mandatory installation of an ignition interlock device on your vehicle.

While refusing a breathalyzer may seem like a way to avoid giving evidence of intoxication, it’s crucial to weigh this decision against the automatic penalties that the refusal triggers. Consider consulting a DWI lawyer immediately if you’re facing a DWI charge in Nassau County.

Remember, each DWI case is unique, and the advice of a skilled Nassau County DWI lawyer can be invaluable in navigating the complexities of your rights and the legal system. If you’re stopped for a suspected DWI, your next steps are critical – make sure you’re informed and supported by professional legal counsel.

Defense Strategies for DWI Charges

Confronting a DWI charge on Long Island is a significant challenge, yet it is one that our skilled Nassau County DWI lawyers from Lebedin Kofman LLP are well-prepared to meet. Our attorneys utilize a comprehensive array of defense strategies that scrutinize every element of the prosecution’s case, questioning the validity of the traffic stop and the reliability of the sobriety tests administered. These experienced attorneys are dedicated to safeguarding your rights and striving for the most favorable resolution in your case.

One of the fundamental defenses against a DWI charge is questioning the legality of the initial traffic stop. Law enforcement must have reasonable suspicion to stop your vehicle. If the officer cannot provide a legally valid reason for the stop, any evidence gathered as a result of the stop may be inadmissible in court. A successful challenge could result in the dismissal of the charges against you.

Sobriety tests, whether field sobriety tests or chemical tests, must be conducted according to specific standards. If these tests are improperly administered, or if the equipment used was not calibrated correctly, the results may not be reliable. By questioning the procedures used and the accuracy of the test results, we can undermine the prosecution’s assertion that you were driving while intoxicated.

The police must follow strict protocols when making a DWI arrest. This includes proper administration of tests, Miranda warnings, and handling of evidence. If any part of the procedure was conducted improperly, it could affect the admissibility or credibility of the evidence. A thorough investigation into the arrest process can provide effective defense avenues.

For an arrest to be lawful, there must be probable cause to believe that a crime has been committed. In DWI cases, this means that the officer must have a valid reason to believe you were impaired. If probable cause was lacking, or if the officer’s judgment was based on flawed observations, the arrest itself may be challenged. Without probable cause, the case against you may be significantly weakened.

When defending against DWI charges in Nassau County, the details of each individual case are crucial. A knowledgeable DWI lawyer can scrutinize every aspect of the case, from the traffic stop to the arrest and beyond, to ensure your rights are upheld. If you’re facing DWI charges, it’s important to have an aggressive and experienced lawyer who can develop a tailored defense strategy for your specific situation.

Contact Lebedin Kofman LLP today at (516) 212-4209 for a free consultation.

Call For Your Free Consultation

The Consequences of a DWI Conviction

The repercussions of a DWI conviction can be severe and far-reaching. Understanding these consequences is essential because they underscore the importance of a strong defense. Both the immediate and long-term effects can alter your life significantly, affecting not just your freedom and finances, but also your employment, reputation, and personal relationships.

A DWI conviction can have both short-term and long-term impacts on your life. In the short term, you might face incarceration, substantial fines, and the immediate loss of driving privileges. Long-term effects can include increased insurance premiums, difficulties in obtaining certain types of employment, and potentially even immigration consequences for non-citizens. Additionally, a conviction can create personal challenges, such as strain on family relationships and social stigma.

The penalties for a DWI conviction in New York vary based on factors like your blood alcohol content (BAC) at the time of the arrest and any previous offenses. Fines can range from hundreds to thousands of dollars. Jail time can also vary significantly, with potential sentences ranging from no jail time for a first offense to several years for multiple offenses or aggravated circumstances. Probation is another common consequence, which may come with its own set of restrictions and requirements, such as regular meetings with a probation officer and random drug and alcohol testing.

Loss of driving privileges is a standard penalty for a DWI conviction. For a first-time offense, you may face a minimum six-month license suspension. For subsequent offenses, or if aggravating factors are present, you could face a longer suspension or even permanent revocation of your driver’s license. During the period of suspension or revocation, carrying out daily activities such as commuting to work or school can become significantly more challenging.

New York State law often requires those convicted of DWI to participate in a DWI educational program, sometimes referred to as a “Drinking Driver Program” (DDP). This program is designed to educate offenders about the risks and consequences of impaired driving. Additionally, the court may require community service, which serves both as a penalty and a means to contribute positively to the community. The hours required will vary depending on the specifics of the conviction.

A DWI conviction carries serious consequences in Nassau County, with the potential to impact nearly every aspect of your life. If you are facing DWI charges, it is crucial to seek the advice and representation of an experienced Nassau County DWI lawyer. With a strong legal advocate on your side, you may be able to mitigate these consequences or possibly avoid a conviction altogether.

Special Considerations in DWI Cases

When dealing with DWI cases in Nassau County, there are several special considerations that can significantly affect the legal process and outcomes. These factors can compound the severity of the situation and necessitate a nuanced legal approach. Understanding these unique circumstances is crucial for mounting an effective defense strategy tailored to your specific case.

Out-of-state drivers arrested for DWI in Nassau County face unique challenges. A DWI conviction in New York can affect your driving privileges both in New York and your home state, depending on the interstate agreements in place. It is vital for out-of-state drivers to seek representation from a Nassau County DWI lawyer familiar with the complexities of interstate DWI laws to navigate the process effectively.

Repeat DWI offenses in New York are treated with increased severity. If you have prior DWI convictions within a certain timeframe, you may face felony charges, which come with more severe penalties including longer jail sentences, higher fines, and extended or permanent loss of driver’s license. The presence of prior convictions can transform what might have been a misdemeanor charge into a felony, underscoring the necessity for experienced legal defense in repeat offense scenarios.

Special considerations in DWI cases can elevate the gravity of the situation. The complexities of your case require knowledgeable and strategic legal representation. In Nassau County, an adept DWI lawyer who is well-versed in these special considerations can make a significant difference in the outcome of your case.

Post-Conviction Matters and Appeals

After a conviction for a DWI in Nassau County, individuals need to understand their rights and options regarding post-conviction relief and appeals. While a conviction may seem like the end of the road, there are legal avenues available that can potentially alter the outcome or reduce the impact on one’s life. Here’s what you should know about navigating the post-conviction landscape under New York DWI laws.

If you believe there was a legal error that contributed to your DWI conviction, you may have grounds for an appeal. An appeal is a request to a higher court to review the decision of the lower court. It’s not a new trial but rather a process to assess if the law was applied correctly. Grounds for an appeal can include procedural errors, incorrect jury instructions, or insufficient evidence to justify the verdict. Post-conviction relief can also include motions to vacate the judgment, which ask the trial court to reconsider its decision due to new evidence or other significant issues.

In New York, getting your driver’s license reinstated after a DWI conviction involves several steps and meeting specific criteria. Once the period of suspension or revocation is over, you must apply to the Department of Motor Vehicles (DMV) for reinstatement. This process may include paying fines and surcharges, completing the Impaired Driver Program (IDP), and providing proof of an alcohol and drug evaluation. In some cases, drivers may need to install an ignition interlock device (IID) on their vehicles to regain driving privileges.

Expungement is the process of having a conviction removed from your criminal record. In New York, DWI convictions are generally not eligible for expungement. However, there may be certain circumstances under which your record could be sealed. Sealing your record is not the same as expungement, but it does limit who can see your criminal history. The criteria for sealing DWI records are stringent, and not all cases will qualify. Consulting with a DWI lawyer can help you understand if this is a viable option for your situation.

Navigating the aftermath of a DWI conviction in Nassau County can be complex. Whether you’re considering an appeal, looking to reinstate your license, or exploring the possibilities of getting your record sealed, each step involves a detailed understanding of the law and the right strategy to move forward. A knowledgeable Nassau County DWI lawyer can provide essential guidance and support throughout the post-conviction process.

When facing DWI charges in Nassau County, the selection of an attorney specialized in local DWI laws is critical to navigating the complexities of your case. A Nassau County DWI lawyer provides numerous advantages, from an intimate understanding of regional legal practices to a commitment to upholding your rights. Here are key reasons to consider a local legal professional for your defense.

Local Experience in Nassau County Courts

A Nassau County DWI lawyer brings invaluable local knowledge. They are familiar with the intricacies of the Nassau County court system, the district attorneys, and the judges who may preside over your case. This local knowledge is crucial as it allows your lawyer to tailor their approach based on the tendencies and preferences of the local legal community. Moreover, they understand the procedural nuances that could make a significant difference in the outcome of your case.

Tailored Defense Strategies to Nassau County DWI Charges

Every DWI case in Nassau County has its unique set of facts and circumstances. A Nassau County DWI lawyer is adept at analyzing the specifics of your case and developing a customized defense strategy. They take into account local laws, including those specific to Nassau County, and leverage their knowledge to benefit your situation. Whether it’s challenging the traffic stop, the accuracy of the breathalyzer test, or negotiating plea deals, a local DWI lawyer will have the experience to craft the most compelling defense.

Proven Track Record in DWI Defense

When selecting a Nassau County DWI lawyer, you have the opportunity to choose a professional with a proven track record of success in DWI defenses. Experienced local attorneys have a history of case wins and favorable outcomes for their clients. They can provide case studies and testimonials that demonstrate their effectiveness in handling cases similar to yours, offering peace of mind that your defense is in capable hands.

Commitment to Client Representation and Advocacy

A Nassau County DWI lawyer is not only your legal representative but also your advocate. They are committed to protecting your rights, ensuring fair treatment, and providing the most vigorous defense possible. Understanding the stress and uncertainty that comes with DWI charges, they are dedicated to supporting clients through every step of the legal process, offering clear communication, and working tirelessly to achieve the best possible outcome.

Choosing a Nassau County DWI lawyer means enlisting an ally who is well-versed in local DWI laws and court practices. With their specialized knowledge, tailored defense strategies, and a strong track record, a local lawyer is equipped to provide superior representation and advocacy. If you’re facing DWI charges in Nassau County, securing a lawyer with these qualifications is a step towards safeguarding your future.

Experienced DWI Assistance From Lebedin Kofman LLP

Understanding New York’s DWI laws is a critical step towards effectively handling the charges you may face in Nassau County. The laws are complex, and each decision made from the moment of a DWI charge can significantly impact the outcome. This is where the attorneys at Lebedin Kofman LLP shine—bringing a depth of understanding and strategic insight to your defense.

If you’re confronted with a DWI on Long Island, it’s time to align yourself with a legal team that is not only skilled but also deeply familiar with the nuances of local DWI law. Contact Lebedin Kofman LLP for counsel that is dedicated to securing a resolution that protects your interests and minimizes the potential fallout from your charges. 

The right representation can make all the difference—call us today at (516) 212-4209 to schedule a consultation.

Schedule A free Consultation

Our Clients Share Their Experiences

The Opinions That Matter Most

Our Commitment

Fighting For Your Best Interest

We Have a Highly Experienced Legal Team

When You Hire Us, You Get Us

We Speak Korean, Mandarin, Portuguese, Russian & Spanish

We Offer Free Consultations In Person & Over The Phone

We Have a Proven Track Record

We Are Available 24/7

Request a Free Consultation

Please fill out the form below and we will respond to your inquiry within
24-hours guaranteed.

Table of Contents