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Long Island DWAI Lawyer
Driving While Ability Impaired (DWAI) is one of New York’s drunk driving crimes. There are two different ways to commit the offense of drunk driving in the State of New York. The first way is to drive over the legal limit. In New York, driving over the legal limit is called Driving While Intoxicated.
The second way to be a drunk driver is to drive while alcohol impairs your ability to drive. New York law article 31, section 1192 prohibits driving while your ability to drive is impaired by alcohol. This offense is called Driving While Ability Impaired. Your blood alcohol content may be higher or lower than the legal limit. All that matters is that alcohol impairs your ability to drive.
To prove that a person is guilty of DWAI, the state must prove that the person committed each element of the offense. They must show that the person operated a motor vehicle. The evidence must show that the driver’s mental or physical capacities were impaired because of the use of alcohol.
There’s no specific chemical test to determine if a person is impaired by alcohol. Instead, the jury looks at the person’s physical condition and the way that they drove the vehicle. They can consider the observations of others about the person’s condition. If a crash occurred, the jury can consider the circumstances of the crash. If the person took a chemical test, the jury can consider the results.
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
Penalties
A conviction for a first DWAI offense is a traffic infraction. That means you can spend up to fifteen days in jail if you’re convicted. The court may also order you to pay a fine of up to $500 along with other costs. The penalties for DWAI include a mandatory driver’s license suspension of ninety days.
Subsequent violations become much more serious. A second conviction within five years comes with up to thirty days in jail and a license suspension of six months. A third or subsequent offense can land you in jail for up to six months. With each additional offense, the fines become higher as well as the likelihood that your sentence includes significant jail time.
In addition to these penalties, you may receive court orders to participate in driver improvement and substance abuse treatment programs. One program is called a victim impact panel. This allows you to hear from victims and their families about the impact that drunk driving has on the community. Similarly, the drinking driver program educates attendees about traffic matters and the consequences of drunk driving.
Defenses
If you’re facing a charge of driving while ability impaired, your Long Island DWAI lawyer can help evaluate your case for possible defenses. First, the police must have a lawful reason to interact with you. That is, they must have a constitutional reason to stop your vehicle, or they must have been called to the scene of an accident. If the police stopped your vehicle without a valid reason, your Long Island DWAI attorney can file paperwork to ask the court to suppress evidence.
Next, your attorney can help you evaluate each element of the case to see where the state lacks proof. There may be a question as to whether you were actually driving the vehicle. It’s not enough just to be sitting in the vehicle with the engine off. You must have the intent to put the vehicle in motion.
It’s a factual question as to whether alcohol impaired your ability to drive. What might be an open and shut case to the state attorney might not be so obvious to a jury. There may be innocent explanations for what the police said was impairment from alcohol. In addition, if the state gave you a chemical test, there are things that they need to do in order to ensure the accuracy of the test. If they fail do these things, it can invalidate the results of the test.
Reviewing the entire case
DWAI doesn’t always happen in a vacuum. That is, you might also face charges for reckless driving, leaving the scene of an accident or disturbing the peace. You may have refused the chemical test that New York law article 31, section 1194 requires you to take.
All of these things are important to address. Our team of Long Island DWAI lawyers looks at your entire case holistically. That is, we consider the big picture, and we make sure that we determine the best course of action.
Work with us
The consequences of a DWAI conviction are steep. If you’re facing these charges, an experienced attorney can help you evaluate the case against you and recommend a plan for your defense. There may be defenses available to you that you haven’t considered. Working with our Long Island DWAI attorneys can help you protect your rights and get back to your life as quickly as possible.
