Experienced Criminal Defense Attorney Dedicated To Protecting Your Rights

DWI Lawyer in Queens

DWI arrests are on the rise, not just in New York City but also in Nassau and Suffolk counties. Drunk driving charges have a serious impact on your life, job and driving privileges. My name is Luke Scardigno and I am a DWI attorney in Queens. As the founder of the Law Office of Luke Scardigno, I have over 30 years of legal experience. I can answer your questions, defend your case and help you get this incident behind you so you can get your life back on track. Call me at 718-414-6186 for a free consultation.

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Protecting Your Rights For DWI And DWAI Charges

Driving while intoxicated (DWI) and driving while ability impaired (DWAI) charges set two legal processes in motion. I can represent you in both:

Criminal DWI defense: A drunk driving charge, also referred to as a DWI or DUI charge, is a criminal offense under the New York State Vehicle and Traffic Law. If you are charged with this, you will face a criminal conviction for a misdemeanor charge. If it is your second offense within the last 10 years of your first DWI conviction, then you are facing a felony conviction. I will thoroughly investigate the charges against you, negotiate with the district attorney, fight for your rights and ensure that your record remains free of any criminal conviction, if at all possible. I have done exactly that hundreds of times in my career, and I know what the prosecutor is looking for to help you with your case.
DMV issues: Even if the criminal charges against you are dismissed, you could still lose your driver’s license if there is a refusal to take a breathalyzer test. The DMV hearing process to get your license back is confusing. I can represent you at a DMV refusal hearing and help you apply for a hardship, preconviction or post-conviction license if you are eligible. This type of license will allow you to drive in certain circumstances, such as to and from work, during work hours, for school, for doctors and for three hours a week for personal business.

I will not leave you to fend for yourself at any point in this complicated process. Regardless of when your criminal case is resolved, I will stick by your side (at no extra charge) until the DMV issues are also settled with respect to your DWI case.

Different Types Of Drunk Driving Charges

In New York, the severity of the charges will depend on the results of your breath or blood tests. These different charges include:

Driving while impaired: If the results of your breath or blood test range from .05% up to, but under, .08%, you will be arrested for driving while impaired, a vehicle and traffic law infraction, which is not a crime (VTL Section 1192.1).
Driving while intoxicated: If your results range from .08% up to, but under, .18%, you will be charged with driving while intoxicated, which is a crime under the vehicle and traffic laws. It is a misdemeanor charge under Section 1192.2 of the New York State Vehicle and Traffic Law.
Aggravated driving while intoxicated: If your results range from .18% and higher, you can be charged with aggravated driving while intoxicated under Section 1192.2-a. Although this is still a misdemeanor charge, the revocation period and monetary fines are higher than those of a regular DWI charge (.08% to .18%).

In addition, drivers under the age of 21 face unique consequences for DWI charges. If your child has been arrested on a DWI charge, I can provide the aggressive defense you need to protect you or your child’s future and driving privileges.

Felony DWI Charges: Understanding The Gravity Of Your Case

A DWI charge becomes a felony offense when the circumstances are more severe, leading to much harsher penalties like state prison time and extended driver’s license revocation. Some of the most common situations that elevate a DWI charge to a felony in New York include:

Driving with a child passenger: In New York, if you violate certain drunk driving sections of the law while a child aged 15 or younger is a passenger in your vehicle, you may be charged with a felony.
A second subsequent DWI conviction: A second conviction for driving under the influence within 10 years of your first conviction automatically becomes a Class E felony.
Third or more subsequent DWI conviction: If you have two previous convictions for any qualifying DWI offense within the last 10 years, your third or later offense becomes a Class D felony.

I understand the intense stress you face when charged with a felony. I will analyze every detail of your case to build the strongest possible DWI defense. As your lawyer, I will challenge the evidence, from the field sobriety test to the Breathalyzer test results. A felony charge is a serious matter, and for noncitizens, it can have consequences like deportation. I will work tirelessly to protect your freedom and future.

Are Sobriety Checkpoints Legal In New York?

Sobriety checkpoints are legal across New York, including in Queens County and the other New York City boroughs. Police widely use these checkpoints as a method to detect and arrest drivers who are driving intoxicated. While law enforcement can legally stop you, they must follow strict guidelines to protect your constitutional rights. They must choose cars to stop using a nondiscriminatory, predetermined pattern, not based on random choice.

I want you to know your rights at a checkpoint. When an officer stops you, you must provide your license, registration and proof of insurance, but you have the right to remain silent and politely refuse to answer further questions. You can also refuse a roadside field sobriety test. Police officers must have probable cause, not just a suspicion, to hold you for more than a brief DWI stop or demand a chemical Breathalyzer test. If the police did not follow the proper procedures, I will fight to suppress the evidence gathered and challenge your drunk driving charges.

Possible Consequences Of A DWI Conviction

It is important to take any sort of DWI charge seriously. The state of New York imposes serious consequences for DWI convictions. Beyond having a conviction on your criminal record, there are additional consequences, including:

There is a good chance that your driver’s license will be subject to suspension or revocation.
You may have to install an ignition interlock system on each and every car that you own, operate or is registered in your name.
You may also be required to enter and complete alcohol counseling classes.
You might have to wear an alcohol detection ankle bracelet called a “SCRAM bracelet” or test your breath for alcohol several times a day on your handheld smartphone device, which is called remote breath testing.

Exactly what you will be required to do varies from county to county within New York state. But every requirement comes with an additional cost that is your responsibility to pay. The classes and devices can cost a great deal of money.

A DWI Might Affect Your Auto Insurance

Driving while intoxicated (DWI) charges are something you should report to your insurer if you are convicted. If you are actually still permitted to drive after you’ve been sentenced, your insurer may charge you more for the privilege.

While it is reasonable that an insurer would consider anyone who has been convicted of drunk driving to be at higher risk for being involved in an accident, the reasonability of the situation won’t make its financial implications any easier for you.

How much extra will you have to pay?
According to one report, the average premium rises 74% in New York when someone gets a DUI conviction. That’s a big difference in costs.
Can you negotiate a cheaper rate?
Maybe your insurer will allow this after some time has passed, or maybe you can shop around for a cheaper policy, but this effort is unlikely to reduce your bill much. Your premiums will be higher for several years and they will rise further still if you are convicted of impaired driving again.
Is there anything you can do to avoid a rate hike?
Some would claim that the obvious answer is not to drink and drive. Yet they overlook the fact that many people are wrongly convicted each year. Hence the best answer is to seek legal help in the event that you are charged with driving while intoxicated. There are many ways to overturn a DWI charge, and only by exploring them all can you give yourself the best chance of finding one that works.

If you are convicted of DWI charges, the increased insurance premiums you’ll face might be the least of your concerns. As a result, if you’ve been charged with a DWI, the time to start building a strong defense is now.

Additional DWI Penalties For Professionals

As if all of that wasn’t enough, you could also lose your vehicle in a civil forfeiture proceeding commenced by the NYPD legal bureau. Suppose you have a professional license, such as a NYC Taxi & Limousine Commission (TLC) or commercial driver’s license. In that case, a DWI conviction can cause you to lose your job and driver’s license, ruining your livelihood and future.

If you were to ask any Metropolitan Transportation Authority employee, taxicab driver or commercial driver who has faced a DWI charge, they would tell you that conditional licenses are not granted for these special classes of licenses. And, of course, any driver is at risk of suspensions, revocations, ignition interlock devices, and a multitude of fines and assessments. If you drive an employer’s vehicle and are required to install an ignition interlock device on any vehicle you drive, an experienced DWI attorney can help you evaluate your options.

3 DWI Myths Everyone Should Know

Driving while impaired (DWI) happens so often that rumors start to spread. You may have heard one or two stories about how a friend was able to get past a DWI charge on good looks alone – but it’s not very likely that’s what happened.

There are many myths about getting past a DWI charge, but many of them are false. Here are some common DWI myths and their surprising truths:

Myth 1: Cold showers, coffee and exercise can sober you up quick
Truth: There’s no scientific proof that people can get sober after a cold shower, a hot pot of coffee and a quick stretch. Coffee and exercise may actually dehydrate you and make it seem like you are more inebriated. Only time can sober you up.
Myth 2: You can’t be inebriated after a good night’s rest
Truth: You can still fail a blood alcohol test after sleeping. Sleeping can help sober you up by allowing time to pass and stop you from drinking more, but that doesn’t mean enough time has passed for all the alcohol to leave your system. “Day-after” DWI arrests are very common.
Myth 3: You can talk yourself out of a DWI
Truth: You may raise the chances of getting a DWI charge by talking. You have the potential of saying the wrong thing to an officer to make them suspect you were drinking.

Experienced DWI Defense In New York

I understand what you are going through. With more than 30 years of experience as a criminal defense attorney, I have handled hundreds of DWI cases. I will protect your rights, attempt to avoid a criminal conviction on your record and fight for your driving privileges to be restored as soon as legally possible. I can also assist you in attempting to obtain the return of your vehicle from the NYPD forfeiture proceedings and in attempting to prevent the ignition interlock device from being installed on your vehicle.

I also have a great deal of experience litigating DMV refusal hearings and have been extremely successful in winning. A DMV refusal can carry a mandatory one-year driver’s license revocation or privilege to drive in New York. Additionally, the laws have been expanded recently to allow the DMV to pursue either extensive or lifetime revocations against repeat DWI offenders without a conditional license in certain circumstances.

The penalties for multiple DWI convictions are complicated and quite harsh. If you are afraid you might qualify for such a revocation, time is of the essence. I can advise you on any related proceedings in criminal court and through the DMV.

First DWI Offense

A first-time DWI arrest in New York can be frightening and overwhelming. Being handcuffed, placed in a police car and processed into jail often leaves you or a loved one with urgent questions about what happens next and what your legal options are. Luke Scardigno has over 30 years of experience defending people charged with DWI, whether it’s their first offense or their fifth. He can help you understand the process and work toward the best possible outcome.

Here are some additional readings about first DWI offenses.

Watch The DWI Video

Receive A Free Consultation With An Experienced DWI Defense Lawyer

Call me at 718-414-6186 or contact me online to schedule a free consultation if you were arrested for DWI or DWAI in Queens, Brooklyn, the Bronx, Manhatten, or Nassau and Suffolk counties.

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