In order to obtain a conviction under one of the New York State DWI / DUI laws, the prosecution must establish that a motorist was impaired or intoxicated by the voluntary consumption of; alcohol, drugs, or the combined influence of alcohol and drugs. There are many theories under which the prosecution can base their case. The following is a list of the charges available to the prosecution under the New York State Vehicle and Traffic Law §1192:
• Driving While Intoxicated (Common Law); Intoxication is proven without a Blood Alcohol Reading.
• Driving While Intoxicated (Per Se); Operation of a motor vehicle with a Blood Alcohol Concentration of .08 or more.
• Aggravated Driving While Intoxicated (Per Se); Operation of a motor vehicle with a Blood Alcohol Concentration of .18 or more.
• Driving While Ability Impaired by Drugs.
• Driving While Ability Impaired by Alcohol (Common Law); Impairment is proven without a Blood Alcohol Reading.
• Driving While Ability Impaired by Alcohol (Per Se); Operation of a motor vehicle with a Blood Alcohol Concentration of between a .05 to .07.
• Driving While Ability Impaired by a Combination of Alcohol and Drugs;
• Zero Tolerance (Under 21); a DMV Administrative finding of a .02 to .07 Blood Alcohol Concentration.
If you have been charged with a Driving While Intoxicated (DWI) or Impaired, Boating While Intoxicated (BWI) or any other drunk driving offense, we can help you. We are the attorneys of the DWI / DUI Law Firm of David Galison, P.C. located in Nassau County. We opened our firm with a commitment to providing quality defense representation for people who cannot protect their own rights against abuse from the prosecutor and the police. As attorneys, we know how best to prepare for a prosecutor that may try to build a case using illegal search and seizure methods and faulty breathalyzer readings.
• A suspended or revoked driver’s license
• Increased insurance premiums
• Cancellation of your auto insurance
• A Drivers Responsibility Assessment Fee payable to the DMV for 3 years
• Points on your driver’s license
Call the Law Office of David Galison, P.C., to setup your FREE CONSULTATION. At this meeting we will advise you of the various options available to you. You will be informed of the legal fee charged for handling your case and the anticipated outcome.
In many cases your traffic matter can be resolved without your presence being required in Court, saving you time and money from loss of work and other important obligations.
Have you been charged with a crime? Have the authorities asked you questions concerning your alleged involvement in a crime? If you make the wrong decision or say the wrong thing it could have serious consequences. At the Law Office of David Galison, P.C., you will get advice from an experienced attorney.
We handle all misdemeanor and felony cases including but not limited to:
• Assault charges
• Burglary and Robbery
• Domestic Violence Matters/ Orders of Protection Hearings
• Driving While Intoxicated (DWI) or Driving While Impaired By Drugs
• Driving on a Suspended or Revoked License
• Drug offenses, including Possession and Sale
• Sexual Misconduct, Forcible Touching
• Shoplifting/Petit Larceny/Grand Larceny
• Weapon Possession
Understanding misdemeanors and felony charged in Nassau County requires the guidance of an experienced legal professional. Kristin Galison is a former Nassau County Assistant District Attorney who is experienced in all aspects of criminal law.
NY State Law distinguishes two types of criminal offenses — misdemeanors and felonies. The determining factor if a crime is charged as a misdemeanor or a felony depends on the relevant statute and the circumstances of the alleged crime. Misdemeanors are generally the less serious crimes, punishable by imprisonment for no more than one year. Felonies are more serious, punishable by more than one year in jail or prison. Both misdemeanors and felonies are classified based on the severity of the crime and the minimum and maximum fines and imprisonment that may be imposed.