DWI

Anyone charged with a Southampton DWI or East Hampton DWI will be charged with either a misdemeanor or a Felony. First time DWI offenders will be charged as a misdemeanor. Those prior conviction for driving while intoxicated within the last 10 years will usually be charged with a felony DWI. 

Driving While Intoxicated involves operating a motor vehicle with a blood alcohol level of .08 or higher.

It is not necessary for the police to have an actual blood alcohol reading to charge a driver with DWI. In Southampton, a motorist can be charged with driving while intoxicated when there is no blood alcohol level reading, based on other factors that establish intoxication

Where a motorist blood alcohol reading is .05 or higher, but less than .08, the motorist will be charged with Driving While Ability Impaired by the consumption of Alcohol. This charge is a violation unless the motorist has a prior conviction for driving while impaired or driving while intoxicated within 5 years of the new charge, in which case the charge could be upgraded to a misdemeanor.

DWI License Ramifications

If you have been charged with Driving while intoxicated as a misdemeanor and you submitted to a breath test, the court will initially suspend your drivers license for 30 days from the date of the arrest. This is only an initial suspension, imposed on you for being charged with a DWI. Convictions carry additional license suspensions and revocations. The court may conduct a Hardship Hearing and issue a Hardship License permitting you to drive your vehicle to and from your place of employment, to and from school, and / or to and from medical appointments, at specified times of the day during the 30 day period. After 30 days, you may apply to the New York DMV for a new license while your DWI case is pending.

Upon conviction of an alcohol related offense, there will be additional suspensions and/ or revocations on the license. A conviction for Driving While Intoxicated carries a minimum license revocation of 6 months. Driving while ability impaired carries a minimum license suspension of 90 days.

If you have been charged with Driving While Intoxicated as a misdemeanor, and it is alleged that you refused to take a breath test, the court will suspend your license at arraignment, pending a refusal hearing at DMV. If you fail to show for the refusal hearing or you lose the hearing, your license will be revoked for 1 year. The DMV will also impose a civil penalty of at least $500.00.

Southampton DWI Penalties

In Southampton, those convicted of DWI may be sentenced to Jail and / or 3 years probation, and a fine and surcharge. The court may also sentence you to a conditional discharge, TASC, and in some cases interim probation.

NO ONE SHOULD EVER PLEAD GUILTY TO A TICKET 
WITHOUT FIRST CONSULTING WITH AN ATTORNEY

Call today for Help! (631) 665-2200