Long Island DWI Lawyer

Fighting Charges of Drunk Driving in New York

Because DWI is seen to be so dangerous, law enforcement is quick to pull over suspicious drivers for a DWI investigation. Oftentimes, officers can be a little too eager to arrest someone for intoxicated driving. If you've been arrested on charges of DWI, you may have more grounds for defense than you realize.

Why choose The Law Offices of Scott Gross, P.C. for DWI defense?

Attorney Scott Gross has the knowledge, training, and experience to defend you against charges of drunk driving. He understands how field sobriety tests and BAC tests should be conducted and can thoroughly investigate the circumstances of your police stop to determine whether or not your stop or arrest was unlawful.

He is also a former prosecutor and has a strong understanding of how your opponent thinks. When you retain The Law Offices of Scott Gross, P.C., your lawyer will work to stay a step ahead of the prosecution in your case.

Here are some of the DWI issues that we can defend you against:

Unlawful Police Stops

Before an officer can make a DWI arrest, he or she must have valid grounds to pull the suspect over for an investigation. Officers may not pull someone over "just because;" they must have a valid reason to believe that you may be intoxicated. Witnesses can call in tips to the police department when they see a suspected drunk driver, which allows an officer to make a lawful police stop. Otherwise, an officer can only pull you over if they witness signs of intoxication themselves. These signs can include:

  • Drifting over lane lines
  • Excessive or erratic speed
  • Ignoring traffic signs and signals
  • Driving without headlights on
  • Any other unusual driving behavior

If you were pulled over by an officer who had no grounds to do so, a skilled Long Island criminal defense lawyer could build a strong case in your defense.

Police Misconduct in DWI Investigations

You could also have grounds for defense if your arresting officer made a mistake while investigating you for intoxication. Standard field sobriety tests (SFSTs) are often used by officers to test your motor skills and divided attention abilities.

Tests such as the "walking the line," following the officer's finger with your eyes, or standing on one leg while counting out loud can help an officer determine whether or not you are truly intoxicated. The problem is that these tests can be affected by fatigue, nerves, and preexisting medical conditions. An officer must take great care to conduct these tests correctly in order to make a correct judgment of your intoxication level.

Blood alcohol concentration (BAC) tests can also be mishandled by an officer. Breathalyzer machines are delicate and must be properly calibrated before each and every use. If your officer failed to calibrate the machine, give you proper directions, or administer the breath test correctly, then the readings could result in a false positive. Even a blood test can result in a false positive if it is mishandled or contaminated in the lab.

Penalties for DWI in New York

The penalties for DWI in New York include a misdemeanor or a felony conviction on your record, as well as a mark on your driving record. Your license will be suspended and you will receive points on your record that may result in further suspension or a revocation of your license. The penalties for a first or subsequent DWI in New York are as follows:

  • First DWI:
    • Misdemeanor
    • Up to 1 year in jail
    • Fine of $500 - $1,000
    • 6-month minimum license suspension
  • Second DWI:
    • Class E felony
    • 5 days - 4 years in jail or prison
    • Fine of $1,000 - $5,000
    • 1-year minimum license suspension
    • 30 days of community service
  • Third DWI:
    • Class E felony
    • Fine of up to $5,000
    • Up to 4 years in jail

Hire a Skilled Criminal Defense Attorney in Long Island

Act quickly if you have been arrested for driving while intoxicated. Our experienced lawyer can begin investigating your case and building your defense. The sooner you retain an attorney, the higher your chances are of recovering your license and fighting your criminal charges. Contact us today to schedule your free case evaluation and get started!