I am Suffolk County DWI Lawyer Gary S. Miller, Esq., I have been handling DWI cases in Suffolk County for over 30 years. My first office upon graduating law school was located in the Suffolk County Criminal Court Building. Over the last 30 years I have handled over a thousand DWI cases in Suffolk County. I have also handled over five thousand criminal cases as well. Every day I appear at the Suffolk County First District Court and other courts throughout Suffolk County on DWI and Criminal cases. I appear before the same judges and conference my cases with the same prosecutors. My representation has resulted in thousands of Suffolk County criminal and DWI cases being reduced or dismissed altogether.

Over the last few years New York drunk driving cases have become very complex. Suffolk County has placed limitations on plea bargaining on driving while intoxicated cases. If you have been charged with a DWI, its best to retain an attorney who concentrates on DWI cases, who is familiar with the nuances of New York DWI Law, the specialized Suffolk County DWI courts and the prosecutors assigned to those court rooms. Hiring an attorney that does not focus on DWI cases, means missing out on the full benefit of representation that an attorney with extensive DWI experience can offer.

If you have been charged with a DWI please give me a call for a free consultation. If this is an emergency, you can call my office 24 hours a day at (631) 666-3300 or my cell phone at (631) 624-4000.

New York DWI Law

Driving While Intoxicated ( DWI ) involves operating a motor vehicle with a blood alcohol level of .08 or more. A motorist may also be charged with driving while intoxicated even when a motorist refuses to submit to a breath test or blood test. This is known as a refusal, and the police can still charge the motorist with driving while intoxicated based on other factors that establish intoxication such as blood shot eyes, slurred speech, and the smelled of an alcoholic beverage on the breath.

In New York, the charge of DWI may be a misdemeanor or a felony. Those charged with DWI in Suffolk County for the first time will generally be charged misdemeanor DWI. Those charged with driving while intoxicated with a child under the age of 16 in the vehicle will be charged with a felony pursuant to Leandra’s law. Those charged with DWI involving a fatality or serious injury will usually be charged with a felony.  Also, those with a previous conviction for driving while intoxicated within the last 10 years will be charged with Felony Driving While Intoxicated.

A motorist charged with driving while intoxicated with a blood alcohol level of .18 or higher will be charged with Aggravated Driving While Intoxicated. A conviction for Aggravated Driving While Intoxicated carries more serious consequences than the basic Driving While Intoxicated charge involving a lower blood alcohol level.

How a DWI affects your license

In New York, those who have been charged with misdemeanor Driving while intoxicated and have taken a breath test, will still receive a 30 day driver’s license suspension simply for being charged with driving while intoxicated. The 30 day suspension runs from the date of the arrest. Those who had a valid New York State driver's license at the time of the arrest may be able to obtain a hardship license from the court. A hardship license can permit the motorist to go to and from their place of employment, to and from school, and/or to and from medical appointments. The hardship license only permits you to drive during specified times of the day during the 30 day suspension period. Obtaining a hardship license requires conducting a hearing before the judge handling the case to determine whether a hardship license is warranted. Prior to the end of the 30 day suspension period the New York State DMV will send a letter advising that you may go to DMV and apply for a new license. 

If you have been charged with Driving While Intoxicated and it is alleged that you refused to take a breath test, (this is known as a refusal) the court will suspend your license at arraignment, pending a refusal hearing. The refusal hearing is conducted at the DMV, not the court where the DWI case is pending. If you lose the refusal hearing or fail to show for the hearing, your license will be revoked for a minimum 6 months, or 1 year for those under the age of 21 and DMV will impose a civil penalty of at least $500.00.

A conviction for an alcohol related driving offense carries additional penalties and consequences that are discussed further throughout the site. In addition, under Leandra’s law, those convicted of driving while intoxicated are required to install an ignition interlock device in any vehicle owned or operated by the motorist for a a minimum of 6 months. An ignition interlock device requires the driver to blow into the device to confirm that he or she has not consumed alcohol.

Recent Trends in DWI cases

Over the last 20 years the penalties for alcohol related offenses have increased significantly. In the past, DWI’s were considered simple to handle for the average criminal practitioner. Today, DWI cases, and other alcohol related offenses have become somewhat complex often requiring alcohol evaluations, testing, treatment and the installation of ignition interlock devices requiring the motorist to breath into the device to determine the blood alcohol level before the vehicle can be turned on.

If you have been charged with Driving While Intoxicated in New York, it is best to retain an attorney who concentrates on DWI cases, and who has substantial experience in handling DWI cases. The site is divided by counties. Please click on the County where the DWI case is pending to find New York DWI attorneys in that area.