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Strong Criminal Defense

Experienced, Dedicated And Ready To Protect Your Rights

Skilled Representation In DWI And Drunk Driving Offense Cases

DWI arrests are on the rise. Not just in New York City; but in Nassau and Suffolk counties as well. Drunk driving charges have a serious impact on your life, job and driving privileges. You will face the possibility of a criminal conviction on your record; your driver’s license will be subject to suspension or revocation; and 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; wear an alcohol detection ankle bracelet called a “SCRAM bracelet”; or test your breath for alcohol, several times a day, on your hand-held 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. All these requirements are required to be paid by you! The classes and devices can cost a great deal of money.

Of course, you have questions and great concerns about all these confusing and complicated issues and procedures, so do not hesitate. Call the Law Office of Luke Scardigno for a free consultation at 718-414-6186. I am experienced and knowledgeable in all aspects of drunk driving defense.

Seizure Of Property And Loss Of Professional Licenses

If that were not enough, you may also lose your vehicle in a civil forfeiture proceeding commenced by the NYPD legal bureau. If you have a professional license, TLC or commercial driver’s license, a DWI conviction can cause you to lose your job and driver’s license, ruining your livelihood and future.

Ask any MTA employee, taxi cab driver or a commercial driver who has faced a DWI charge. No conditional licenses are 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, call me to find out what you can do.

Fighting DWI Charges And Arrests For More Than 25 Years

I understand what you are going through. With more than 25 years of criminal defense experience in 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 attempt to avoid the ignition interlock device from being installed on your vehicle.

I also have a great deal of experience at litigating DMV refusal hearings and have been extremely successful in winning at these hearings, which carry a mandatory one-year driver’s license revocation or privilege to drive in New York. Additionally, the laws have been recently expanded allowing DMV to pursue either extensive or lifetime revocations against repeat DWI offenders; with no 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 type of revocation, you can contact me for a free consultation. Only an experienced lawyer should be consulted in these very difficult cases. I will advise you about every aspect of your case in criminal court and at the DMV. Every DWI case always deals with both. Why don’t you consult the Best Lawyer who is experienced with both areas of the law?

Protecting Your Rights On All Fronts

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 of 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, and fight for your rights and pursue 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 or 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, to doctors and 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.

Aggravated Driving While Intoxicated

In New York state, if the results of your breath or blood test ranges between the limits of .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).

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.

If your results range from .18 and higher, you will 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 that of a regular DWI charge (.08 to .18).

Drivers under the age of 21 face unique consequences from DWI charges. I will provide the aggressive defense you need to protect your or your child’s future and driving privileges. See my section regarding drivers under 21 if this applies to you or your child. See Section VTL 1192-a.

Refusal To Take A Breathalyzer Test

DWI defense can be difficult if the result of a breath test was above the legal limit. However, if you refused to take the breath test, the stakes are even higher. It is extremely important to get help from an experienced DWI defense lawyer to assist you at the DMV refusal hearing as quickly as possible to address this serious issue. Losing a DMV refusal hearing leads to a one-year license or driving privilege revocation, and in some circumstances, without a conditional license.

I have successfully represented many clients who allegedly refused the breath test in over 25 years. Many criminal lawyers are not familiar with the DMV rules and regulations concerning these administrative hearings, which are separate and different from other criminal cases, and entail completely different laws and rules of evidence. I have won many of these hearings in my career. I know what to look for to succeed. The administrative law judges handling these hearings at the DMV on Rector Street in Manhattan and on Rockaway Boulevard in Jamaica, Queens, have seen me over and over again, and they know that I know what the law is at these hearings.

Felony DWI

If you are arrested for a second, third or a fourth DWI within 10 years of your first DWI conviction, then these DWI charges will be elevated to a felony charge.

You can be charged with a felony even on your first DWI if you are driving with a child passenger, who is 15 years of age or less, at the time you are arrested for DWI. If this has happened to you, you should immediately contact me to discuss your case. A felony charge is a serious matter and can lead to deportation if you are not a United States Citizen. VTL Section 1192(b).

Contact An Experienced DWI Defense Attorney

Call 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 or New York City, or Nassau and Suffolk counties.

Spanish, Italian and Greek language services are available.