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Long Island DWI Lawyer

Fighting Charges of Drunk Driving in New York

Man's Hand on a Glass of Alcohol at a Bar Next to a Set of KeysArrested on charges of DWI? Act quickly! You may have more grounds for defense than you realize. Because DWI is seen to be so dangerous, law enforcement is quick to pull over suspicious drivers for a DWI investigation. Attorney Scott Gross has the knowledge, training, and over 13 years of experience to defend you against charges of drunk driving.

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. 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.

The various offenses related to driving while under the influence include:

  • DWAI (driving while ability impaired) with alcohol
  • DWAI with drugs
  • DWAI with a combination of drugs and alcohol
  • Aggravated DWI
  • Chemical test refusal

And some of the DWI issues that we can defend you against include:

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 DWI 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.


In the state of New York, the offense for drunk driving is referred to as driving while intoxicated (DWI). The legal limit for non-commercial drivers who are over the age of 21 is 0.08 percent. Underage DWI carries its own set of penalties and consequences. This crime is taken very seriously by law enforcement because driving drunk can endanger many others. Because of this, the penalties for those convicted of drunk driving — even first time offenders with otherwise perfect records — can be quite severe.

For a first offense, the penalties you face for a DWI may include up to 90 days of your driver's license suspension, between $300 and $500 in fines, and up to 15 days in jail. You may also be required to enroll in the New York Drinking Driver Program and pay an annual $250 assessment fee for 3 years. Aside from the criminal penalties, you may also see a significant increase in your insurance rates because of your stained driving record and a potential loss of income if your occupation depends on having a driver's license.

Penalties for Multiple DWIs 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 second or third DWI in New York can include:

  • Class E felony
  • Up to 4 years in prison
  • Fines up to $5,000
  • 1-year minimum license suspension
  • 30 days of community service

Begin Building Your Case Today

Act quickly if you have been arrested for driving while intoxicated. Our experienced Long Island DWI 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!

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