Being arrested for driving while intoxicated in Smithtown can be one of the most stressful and overwhelming experiences a person will ever face. New York has some of the toughest DWI laws in the country, and a conviction can affect not only your freedom but also your career, your finances, and even your family life. At Castro & Trodden, LLC, our Smithtown DWI lawyers understand what is at stake. We provide aggressive defense strategies for clients in Suffolk County and throughout Long Island who have been charged with drunk or drugged driving.
DWI Lawyers Serving Clients in Smithtown, New York
A DWI charge is not a minor traffic ticket. It is a criminal offense, and the consequences can be severe. Even a first offense can carry life-changing penalties, while repeat offenses bring increasingly harsh punishments. The legal system can feel intimidating, especially if you have never faced criminal charges before. Our goal is to guide you through the process, explain your options, and protect your rights at every stage.
Penalties for DWI Offenses in NYS
The penalties for driving while intoxicated in New York are determined by the type of offense, your blood alcohol concentration (BAC), and whether you have prior convictions. Below is a breakdown of what you may be facing:
- First-Offense DWI (BAC .08 or higher)
- Up to 1 year in jail
- Fines ranging from $500 to $1,000
- Mandatory license revocation for at least 6 months
- Mandatory ignition interlock device (IID) installation
- Second-Offense DWI (within 10 years)
- Class E felony
- Up to 4 years in prison
- Fines between $1,000 and $5,000
- License revocation for at least 1 year, often longer
- Ignition interlock device required
- Third-Offense DWI (within 10 years)
- Class D felony
- Up to 7 years in prison
- Fines between $2,000 and $10,000
- License revocation for a minimum of 1 year
- Ignition interlock device required
- Aggravated DWI (BAC .18 or higher)
- First offense: Up to 1 year in jail, $1,000 to $2,500 fine, 1-year license revocation
- Second offense (within 10 years): Class E felony, up to 4 years in prison, $1,000 to $5,000 fine
- Driving While Ability Impaired (DWAI – alcohol, BAC .05 to .07)
- First offense: Traffic violation, up to 15 days in jail, fine of $300 to $500, 90-day license suspension
- Subsequent offenses: Treated as misdemeanors or felonies with escalating penalties
- DWAI-Drugs or DWAI-Combination (alcohol and drugs)
- Misdemeanor for a first offense: Up to 1 year in jail, $500 to $1,000 fine, 6-month license suspension
- Felony charges for repeat offenses
- Additional Consequences for DWI Charges
- Court-ordered alcohol assessment and treatment programs
- Higher insurance premiums or cancellation of insurance
- Permanent criminal record that can affect employment, housing, and professional licenses
Challenging Your DWI Charge
Just because you were arrested does not mean you will be convicted. There are many defense strategies that can be used to challenge the evidence against you. At Castro & Trodden, LLC, we carefully investigate every detail of your case, looking for opportunities to weaken the prosecution’s argument. Some of the most common defense approaches are as follows:
- Questioning the traffic stop: Police must have a valid reason to pull you over. If they lacked probable cause, the stop may have been unlawful.
- Challenging field sobriety tests: These roadside tests are subjective and often administered improperly. Poor weather, medical conditions, or uneven pavement can skew results.
- Disputing breathalyzer results: Breath-testing devices must be calibrated and maintained correctly. Human error, faulty equipment, or medical conditions can lead to inaccurate readings.
- Examining the arrest procedure: Officers must follow strict rules when making a DWI arrest. If your rights were violated, evidence may be suppressed.
- Investigating blood test reliability: Blood samples can be mishandled, contaminated, or stored improperly, leading to questionable results.
- Presenting alternative explanations: Fatigue, illness, or anxiety can mimic signs of intoxication. We may use medical evidence or expert testimony to explain your behavior.
- Reviewing video and audio evidence: Police bodycam or dashboard footage may contradict the officer’s written report or support your version of events.
Getting Your License Back After a DWI
One of the most disruptive aspects of a DWI conviction is losing your driver’s license. In Smithtown and across Suffolk County, public transportation options are limited, and many people rely on driving for work, family responsibilities, and daily life.
After a DWI arrest, your license may be suspended at your first court appearance. If you refuse a chemical test, the New York State Department of Motor Vehicles (DMV) can impose an immediate suspension, independent of your criminal case. Regaining your driving privileges often requires navigating both the court system and DMV regulations. Some of the key points you should know are as follows:
- Conditional License: Many first-time offenders may be eligible for a conditional license while their case is pending. This allows limited driving to work, school, or medical appointments.
- Impaired Driver Program (IDP): Completing this course may be required to restore your license.
- Ignition Interlock Device (IID): Courts often order installation of an IID in your vehicle. You will need to provide a clean breath sample before the car will start.
- Reapplication to DMV: Once your revocation period ends, you must reapply for your license. This may include paying fees, providing proof of program completion, and possibly passing driving tests again.
- Repeat Offenders: Those with prior convictions face far stricter rules. In some cases, permanent revocation is possible.
Our attorneys assist clients with every step of this process, ensuring paperwork is completed properly and deadlines are met. The sooner you take action, the better your chances of minimizing the impact on your driving privileges.
Contact Our DWI Lawyers in Smithtown, NY
If you or a loved one has been charged with DWI in Smithtown, do not wait to seek legal help. Time is critical, especially when it comes to protecting your license and preparing a defense. The attorneys at Castro & Trodden, LLC have years of experience handling DWI cases in Suffolk County courts, and we know how to fight for the best possible outcome. Contact our Smithtown DWI lawyers for a free case evaluation today.
