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Being accused of drunk driving is one of the most serious charges most people will ever face. If you are facing a Driving While Intoxicated charge in the state of New York, it's essential that you have qualified legal representation and guidance. Schalk, Ciaccio & Kahn, P.C. is an experienced law firm providing representation for clients accused of DWI in Nassau County and the surrounding area. All three of our partners are former assistant district attorneys, and they know the ins and outs of DWI law in New York State.

Challenging a DWI Charge:

  • If you are found guilty of a DWI charge, you will face a revocation of your driving privileges, fines, and a potential jail sentence. However, it is possible to fight a DWI charge. The charge depends entirely on the subjective judgment of the arresting officer, which means that there are a number of possible ways to challenge it.
  • A police officer must have a good reason to stop you in the first place. You must either be violating a specific traffic law or showing signs of dangerously reckless driving.
  • An officer must also have probable cause to believe that you are intoxicated before he can require you to take an alcohol test. If you were wrongfully stopped and tested, the charge may be thrown out.
  • If you have failed a field sobriety test, you may be able to challenge the results. Many of these tests are highly unreliable, and your results can be affected by illness or by pre-existing conditions such as acid reflux. Tests that are not approved by the National Highway Traffic Safety Administration may also be inadmissible in court.

Common DWI Mistakes:

  • In the aftermath of a DWI charge, many people are uncertain how to proceed. These are some of the most common errors people make after being accused of a DWI:
  • Continuing to drive. In New York State, driving with a suspended license because of a pending DWI is considered a misdemeanor, and it carries a possible jail sentence of up to 1 year. If you have been charged with a DWI, continuing to drive may also give the impression that you are not taking your charge seriously.
  • Not appearing in court. Failing to show up for a scheduled court appearance can have serious consequences for your life. If bail was posted it will be revoked and a warrant will be issued for your arrest.
  • Talking about your case. Try to say as little as possible about your case to other people, even close friends and family. No matter who you speak to, anything you say regarding your case can be used against you in court.
  • Waiting to contact an attorney. DWI cases proceed very quickly, and you need a skilled attorney's guidance immediately after you are charged. The faster you speak with an attorney, the more time he will have to work on your defense.

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  • Over 30 years of combined experience
  • Nationally ranked by the NAFDD