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Legal guide

DWI and DUI

Structured explainers on the offenses, charges and court procedures that come up most often in Nassau County. Each one gives you the statute, the penalties, what actually happens, and a link to the primary source so you can check it yourself. Written and reviewed by James E. Toner.

DWI and DUI / Traffic and License

Aggravated DWI in New York: the .18 Charge

A reading of .18 or more is aggravated DWI. It is still a misdemeanor on a first offense, but it doubles the license revocation to a year and raises the fine to betw...

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DWI and DUI

Can a New York DWI Be Sealed or Expunged?

The honest answer on New York DWI records: expungement does not exist here in the way people mean it, CPL 160.59 sealing generally excludes DWI, and the Clean Slate ...

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DWI and DUI / Traffic and License

Driving After a DWI Arrest in New York

A hardship privilege can be granted at arraignment and a conditional license after 30 days, but neither is available if you refused the chemical test. Completing the...

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DWI and DUI / Traffic and License

DWI vs DWAI in New York: The Difference

DWAI is a traffic infraction and not a crime. Every other offense under VTL 1192 is a misdemeanor or felony. That single distinction drives your record, your jury tr...

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Criminal Defense / DWI and DUI

Felony DWI in New York

A second qualifying DWI conviction within ten years is a class E felony in New York, and a third within fifteen years is a class D felony. A prior DWAI does not coun...

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DWI and DUI / Traffic and License

Ignition Interlock Requirements in New York

A New York DWI conviction carries a mandatory ignition interlock on any vehicle you own or operate. The order runs a minimum of twelve months, though six months of d...

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Criminal Defense / DWI and DUI / Family Court

Leandra’s Law: DWI With a Child in the Car

Driving under the influence with a passenger fifteen or younger is a class E felony in New York on a first offense, with no prior conviction and no injury required. ...

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DWI and DUI / Traffic and License

Refusing a Chemical Test in New York

Refusing a breath test creates a second case at the DMV that runs separately from the criminal charge. It carries a minimum one year revocation whether or not you ar...

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These are general explanations

Your case turns on its own facts.

Nothing here is advice about your situation. If something on these pages applies to you, the useful next step is a free consultation.

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