Elwood DWI Lawyer

DWI Crimes

Arrested for a DWI in Elwood? Contact Us Today for a Confidential Consultation Regarding Your DWI Charges

At Karpf Criminal Law, our Elwood DWI defense lawyer has the knowledge and experience that you can rely on. A drunk driving charge can carry jail time—a proactive defense is a must. If you or your loved one was arrested and charged with intoxicated driving, we are here to help. Contact us today for a fully private consultation with a top-rated Elwood, NY DWI defense attorney. 

An Overview of DWI Laws in New York State

It is unlawful to operate a motor vehicle while under the influence of alcohol or drugs in Elwood or elsewhere in Suffolk County. Under New York Law (New York Vehicle and Traffic Law § 1192), a driver is considered legally intoxicated if their blood alcohol concentration (BAC) is 0.08 percent or higher or if he or she is unlawfully impaired by a controlled substance. For commercial drivers, the limit is 0.04 percent. For drivers under 21, 0.02 percent under the state’s zero-tolerance law.

We Defend All Type of DWI Charges in New York

DWIs are among the most common criminal charges. According to data from the New York State Division of Criminal Justice Services, there are tens of thousands of drunk driving arrests made statewide each year. At Karpf Criminal Law, we defend the full spectrum of intoxicated driving cases. Along with other types of DWI charges, our Elwood criminal defense lawyer has experience with: 

• First-Time DWI Offense: A first-time DWI offense in New York is typically classified as a misdemeanor. It carries penalties such as fines up to $1,000, a six-month license revocation, and up to one year in jail under VTL § 1192(2). There can also be additional consequences, including mandatory alcohol education programs and the mandatory installation of an ignition interlock device. Arrested for a first-time DWI offense in Elwood? Contact us today for a fully confidential, no obligation initial consultation. 
• Second-Time DWI Offense: A second DWI offense within 10 years is classified as a Class E felony, resulting in fines up to $5,000, a one-year minimum license revocation, and up to four years in prison. A convicted driver must also install an ignition interlock device and may face mandatory alcohol treatment programs. If you are facing a second-time DWI charge, it is important to understand that the risk of jail time is higher. Contact our Elwood, NY DWI defense lawyer for immediate help with your case. 
• Drugged Driving: Driving while ability impaired by drugs (DWAI-Drug) is a criminal offense under VTL § 1192(4). The offense carries similar penalties to alcohol-related DWI. Drugged driving charges can be especially complicated. It is imperative that you have an experienced attorney on your side. Contact our Elwood, NY drugged driving defense lawyer today for a completely confidential, no obligation consultation. 
• DWI (Child in Car): In New York, a DWI with a child under 16 in the vehicle is charged as a felony under Leandra’s Law. To be clear, it is a felony offense regardless of whether or not it is a first-time DWI for the driver. A conviction can lead to up to four years in prison. 
• DWI (Serious Bodily Injury): If a DWI results in serious bodily injury to another person, the driver may face felony charges under VTL § 1192(2-a)(a), punishable by fines, license revocation, and up to seven years in prison. A New York prosecutor may also pursue additional charges, such for vehicular assault under Penal Law § 120.04.
• DWI (Fatal Crash): A DWI leading to a death is the most serious type of intoxicated driving charge in New York. If a DWI results in serious bodily injury to another person, the driver may face felony charges under VTL § 1192(2-a)(a), punishable by fines, license revocation, and up to seven years in prison. Prosecutors may also pursue additional charges, such as vehicular assault under Penal Law § 120.04. Our Elwood, NY DWI defense lawyer can represent drivers facing even the most serious of criminal charges.

Defenses Against a DWI Charges in Elwood

Were you arrested for a DWI in Elwood or elsewhere in Long Island? You have the right to raise a proactive defense. An impaired driving arrest is an allegation. That you were charged with a crime does not mean you are guilty. You are presumed innocent until proven guilty. Here are some of the most notable defenses against DWI charges: 

• Illegal Stop: A police officer in New York cannot simply pull over a driver and make a traffic stop whenever they want to do so. They are required by law to have probable cause. If you were subject to an illegal stop and then were subsequently arrested for a DWI, the evidence obtained during that stop may be deemed inadmissible. 
• Unreliable BAC Test: Many DWI charges are brought on the basis of chemical test results, such as a breathalyzer test or a blood test. Unfortunately, in some cases, these test results are fundamentally unreliable. You have the right to challenge BAC test results.  
• Plea Agreement: An aggressive defense strategy is not always the right defense strategy. In some cases—especially for first-time DWI offenses—the better option may be to focus on working towards a plea agreement that protects your license and keeps you out of jail. 

How Elwood DWI Defense Lawyer Andrew Karpf Can Help

Facing a DWI charge is stressful, intimidating, and confusing. You do not have to navigate the entire criminal justice system on your own. Our founder Andrew Karpf is a compassionate and experienced advocate for defendants. With nearly four decades handling criminal cases in New York, Attorney Karpf has a long record of client testimonials. When you reach out to our legal team, you will have an opportunity to consult with an Elwood DWI defense attorney who can: 

• Conduct a comprehensive and confidential review of your case;
• Investigate the DWI charges, gathering relevant evidence; 
• Represent you before police and prosecutors, including in any plea negotiations; and 
• Take aggressive action to protect your rights and help you get the best possible outcome. 

DWI Charges in Elwood: Frequently Asked Question (FAQs)

What Does an Elwood Drunk Driving Defense Lawyer Do?

DUIs are serious criminal allegations in New York. An Elwood drunk driving defense lawyer can provide legal representation for people who have been arrested on DUI charges in Suffolk County. Along with other things, an attorney can analyze the details of the arrest—from the traffic stop to a field sobriety test to breathalyzer or blood test results. Your Elwood attorney will identify potential weaknesses in the prosecution’s case and develop a comprehensive defense strategy. 

Can I Handle a DWI Arrest On My Own?

Yes, you have the right to represent yourself in any criminal case—but there are very serious risks to doing so. You should always retain an experienced Elwood, NY DWI defense attorney. Your lawyer will protect your rights and help you find the best path forward. Our Elwood DUI defense lawyer is standing by, ready to get started on your case right away. 

What is the Role of a DWI Defense Lawyer in Elwood, New York?

A DWI defense lawyer in Elwood is responsible for protecting the rights of the defendant. Here is a key thing to remember: A person who was arrested for drunk driving is not necessarily guilty of drunk driving. Every person has the right to raise a zealous defense in court. An Elwood, NY DWI defense attorney can help. They carefully examine the evidence, including police reports, breathalyzer calibration records, and any witness statements. Beyond that, their role also includes negotiating with prosecutors to reduce charges and/or penalties.

Should I Give a Statement to Police After a DWI Arrest?

No—or at least you should not until you consult with a lawyer. You have the right to remain silent. Anything that you say at the scene of a DWI arrest in Elwood can be used against you in a criminal case. The reality is that you are far more likely to talk yourself into trouble than out of trouble. The best approach is to exercise your right to remain silent. An attorney should do the talking. 

Does a First-Time DWI Carry Jail Time in New York?

It can. A first-time DWI offense in New York can result in jail time. With that being said, it is not mandatory. A conviction for a first-offense is a misdemeanor punishable by up to one year in jail. Though, many people charged with a first-time DWI in Elwood can avoid a jail sentence. An attorney can spare you from the worst consequences of a charge. Alternative options may be available as penalties for a first-time DWI conviction, including fines and alcohol education programs. 

Do I Have to Take a Field Sobriety Test?

No. In New York, you are not legally required to take a field sobriety test in New York. Refusing one does not carry automatic penalties like refusing a breath test. There is no implied consent law for field sobriety tests. There are very serious questions about the reliability of field sobriety tests. You have the right to decline to participate. Your refusal to do so will not directly affect your license. 

Can You Challenge the Results of a “Failed” Field Sobriety Test?

Yes. You can absolutely challenge a “failed” field sobriety test in Elwood or elsewhere in Suffolk County. These tests—which include things like the walk-and-turn and one-leg stand—are highly subjective. There are questions about their core reliability. Unfortunately, field sobriety test results can be influenced by a wide range of external factors, including things like poor weather, uneven pavement, or a driver’s medical condition. An Elwood DUI defense attorney can argue that the officer did not properly administer the test or that the driver’s performance was affected by nerves rather than intoxication. 

What are the Most Common DWI Defense Strategies?

What is the right defense strategy for a DWI? The answer always depends on the specific circumstances of the case. There are a wide range of different options available that can be used to defend against a charge. For example, one approach is challenging the legality of the traffic stop itself. If the police did not have reasonable suspicion to pull you over, the case may be dismissed. Another defense strategy focuses on disputing the accuracy of breathalyzer or blood test results. There could be problems with  improper calibration, maintenance issues, or even the mishandling of samples. Beyond that, in some cases, an Elwood DUI defense attorney can negotiate for reduced charges or alternative sentencing. 

Is a DUI in New York a Federal Crime?

No—at least not in most cases. With limited exceptions a DUI in New York is prosecuted under state law, not under federal law. However, a DUI can become a federal crime if the offense occurs on federal property, such as on a military base, within a national park, or on other government-owned land. Federal DUI cases handled in federal court. There are some different procedures. 

Is Drunk Driving a Felony Offense in New York?

DUIs in New York is typically a misdemeanor offense. However, these can be charged as either a misdemeanor or a felony, depending on the specific circumstances. To be clear, a first-time DWI offense in Elwood is usually a misdemeanor. However, repeat offenses can elevate the charge to a felony. For example, a second DWI within ten years is classified as a Class E felony. A third offense within ten years is a Class D felony. Beyond that, aggravated driving while intoxicated with a child under the age of 16 in the vehicle can lead to felony charges under New York’s Leandra’s Law.

How Do Prosecutors Prove Drugged Driving?

The burden of proof is on the prosecution. They can prove drugged driving (DUI-drugs) through a combination of evidence, including officer observations, field sobriety test results, toxicology reports, and expert testimony. Unlike alcohol-related DWIs, there is no clear “legal limit” for most drugs—so prosecutors rely on signs of impairment and lab tests showing the presence of drugs in the driver’s system

Will I Lose My License for a DWI Charge in Elwood?

A DWI conviction could lead to the suspension or revocation of your license. If convicted, a first-time offender faces a minimum six-month license revocation, while repeat offenders or aggravated DWI charges can lead to longer suspensions. However, you may be eligible for a conditional license that allows limited driving privileges. A limited purpose license allows people to go to work, pick up children from school, and carry out other major life obligations. 

What Happens If I Refuse a Breathalyzer Test in New York?

New York has an implied consent law. Refusing a breathalyzer test in Elwood or elsewhere in Suffolk County triggers immediate, significant penalties under state law. If you refuse a breath test after being lawfully arrested for DWI, the New York Department of Motor Vehicles (DMV) will automatically suspend your driver’s license for at least one year. To be clear, your license will be suspended on administrative ground regardless of not whether you are later convicted of a DWI. Beyond that, you will face a civil penalty of $500 for a first offense and $750 for subsequent refusals.

Does a Second-Time DWI Carry More Serious Criminal Penalties in New York?

Yes. A second-time DWI offense is absolutely a more serious criminal charge in New York. A second DWI within ten years is classified as a Class E felony. That means an increased fine, a longer driver’s license revocation period, and even the possibility of a prison sentence. Indeed, the penalties for a second-time DWI in New York carries maximum penalties of a $5,000 fine, a one-year loss of your license, and up to four years in state prison. If you were charged with a second-time DWI in Suffolk County, our top-tier Elwood drunk driving defense attorney is standing by, ready to help. 

Can I Challenge a DWI Charge on the Grounds of an Illegal Stop?

Yes. You have a right to be free from unreasonable searches and seizures. You should not be stopped by police without proper justification. You can challenge a DWI charge if the initial traffic stop was illegal. In Long Island, police officers must have reasonable suspicion that a traffic violation or criminal activity occurred before pulling over a driver. If an officer stopped you without a valid reason—such as a failure to use a turn signal or speeding—any evidence obtained afterward could potentially be considered inadmissible in court. An Elwood DUI defense lawyer can help. 

Are Interlock Ignition Devices Required for DUI Convictions in New York?

Yes. Under New York, motorists are required to undergo the installation of an ignition interlock device (IID) for all DWI convictions—even for first-time offenses for relatively low BAC DUIs. Under Leandra’s Law, any person convicted of a DWI must install an IID on their vehicle for at least 12 months. How does it work? The device will prevent them from starting the car if alcohol is detected on their breath. Notably, the offender is responsible for the cost of installation and monthly maintenance. That can add hundreds of dollars in expenses. If a driver attempts to remove, bypass, or tamper with the IID, they could receive additional criminal penalties. 

Does New York Have a DUI Diversion Program?

Technically, New York does not have a formal statewide DUI diversion program. With that being said, some motorists may be eligible for alternative sentencing through plea agreements or through a local court program. Indeed, many first-time offenders in Suffolk County may qualify for the Impaired Driver Program (IDP). That is a program that allows drivers to take alcohol education courses in exchange for a conditional license and possible sentence reductions. Participation in this program can help some drivers avoid long-term license revocation and other severe penalties. However, eligibility is restricted. You should consult with your lawyer. 

Can an Elwood DUI Defense Lawyer Help Me Get Into a Diversion Program?

Potentially. While the answer will always depend on the specific circumstances of your case, an Elwood DUI defense lawyer can help determine if you qualify for a diversion program or any other type of alternative sentencing option. While New York does not have a formal statewide DUI diversion program, some first-time offenders may be eligible for the Impaired Driver Program (IDP). Our top-rated Elwood criminal defense lawyer can help you find the best solution for your case. Education and rehabilitation may be the most appropriate remedy. 

Should I Accept a Plea Agreement in an Elwood DUI Case?

It depends. A plea deal is a reasonable defense strategy for some DUI cases in Elwood. For other cases, an aggressive strategy is better. Whether you should accept a plea agreement in an Elwood DUI case depends on the specifics of your situation. Prosecutors may offer a plea bargain to reduce the charges, often lowering a DWI (Driving While Intoxicated) to a DWAI (Driving While Ability Impaired). These charges carry reduced penalties. 

Is it Possible to Expunge a DWI Conviction in New York State?

No, New York does not allow for the expungement of DWI convictions, meaning a conviction will remain on your record permanently. Unlike some states that offer full expungement, New York law does not provide a way to completely erase a DWI or DWAI conviction permanent criminal record. However, under Criminal Procedure Law (CPL) § 160.59, certain DWI convictions may be eligible for sealing after 10 years, provided the individual has no more than two criminal convictions (only one of which can be a felony) and has not been convicted of a new crime during that period. While sealing limits public access to the record, law enforcement officers and certain government agencies can still view the conviction.

Contact Our Elwood DWI Defense Attorney Today

At Karpf Criminal Law, our Elwood DWI defense lawyer provides solutions-driven legal guidance and support to clients. If you have any questions about a DWI charge, please do not hesitate to contact our law firm, now for a fully private, no obligation case review. Our experienced criminal defense attorney from our law offices defends DWI charges in Elwood, Suffolk County, and throughout the entire region in Long Island.