CENTRAL ISLIP, NY – Individuals charged with Driving While Intoxicated in New York may face serious criminal penalties, but in some cases, plea negotiations can result in a reduction to a lesser charge. Suffolk County DWI defense attorney Jason Bassett of the Law Offices of Jason Bassett, P.C. (https://jbassettlaw.com/can-a-dwi-be-reduced-in-ny/) explains the factors that influence whether a DWI charge may be reduced to DWAI through a plea agreement.
Suffolk County DWI defense attorney Jason Bassett notes that under New York Vehicle and Traffic Law § 1192, DWI and DWAI are distinct offenses with significantly different consequences. A DWI conviction under VTL § 1192(2) or § 1192(3) is a misdemeanor that results in a criminal record, fines between $500 and $1,000, up to one year in jail, and license revocation for at least six months. A DWAI conviction under VTL § 1192(1) is a traffic infraction rather than a criminal offense, carrying fines between $300 and $500, up to 15 days in jail, and a 90-day license suspension. “The distinction between DWI and DWAI is critical,” explains Bassett. “Reducing a charge from DWI to DWAI can prevent a criminal conviction and substantially reduce the penalties a person faces.”
Suffolk County DWI defense attorney Jason Bassett emphasizes that prosecutors evaluate several factors when determining whether to offer a plea reduction. First-time offender status, a BAC reading close to the 0.08 percent threshold, the absence of an accident or injury, and cooperation with law enforcement all increase the likelihood of a favorable plea offer. Weaknesses in the prosecution’s evidence, such as improperly administered field sobriety tests or questionable breathalyzer results, also strengthen the argument for a reduction.
Attorney Bassett points out that New York law restricts plea bargaining in many DWI cases. When someone is charged under VTL § 1192(2), (3), (4), or (4-a), any plea in satisfaction of that charge is generally required to be to another subdivision of VTL § 1192. There is a limited exception if the district attorney determines, after reviewing the evidence, that the charge is not warranted. “Reducing a DWI to reckless driving is uncommon in New York because of these statutory restrictions,” he notes. “It typically requires a clear demonstration that the DWI charge is not supported by the evidence, such as inadmissible evidence, procedural violations, or lack of probable cause for the arrest.”
The firm handles DWI defense cases throughout Suffolk County and Nassau County, including cases in Suffolk County Criminal Court and local town courts across Long Island. Bassett advises that an experienced defense attorney can investigate every aspect of a case, including the legality of the traffic stop, the administration of field sobriety tests, and the accuracy of chemical test results. Filing motions to suppress evidence based on procedural errors or constitutional violations can strengthen a client’s negotiating position. Prosecutors are more willing to negotiate when they recognize that the defense attorney can present evidentiary challenges effectively in court.
Plea agreements offer certain advantages, including certainty about the outcome, reduced risk and expense compared to a trial, and a faster resolution. However, accepting a plea to DWAI still requires pleading guilty to the reduced charge, which carries fines, a 90-day license suspension, and other consequences. “Legal representation is essential for identifying defenses and negotiating plea agreements,” Bassett observes. “Without an attorney who understands how local prosecutors assess these cases, securing a reduction from DWI to DWAI is significantly more difficult.”
For those facing DWI charges in Suffolk County or Nassau County, consulting with an experienced DWI defense attorney may help protect driving privileges, minimize penalties, and avoid a criminal record.
About Law Offices of Jason Bassett, P.C.:
Law Offices of Jason Bassett, P.C. is a Central Islip-based law firm dedicated to criminal defense with a focus on DWI and traffic offenses. Led by attorney Jason Bassett, a former prosecutor with over 21 years of criminal law experience, the firm represents clients throughout Suffolk County, Nassau County, and Long Island. For consultations, call (631) 259-6060.
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Email: bassettlaw@live.com
Website: https://jbassettlaw.com/
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Company Name: Law Offices of Jason Bassett, P.C.
Contact Person: Jason Bassett
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Phone: (631) 259-6060
Address:320 Carleton Ave # 4200
City: Central Islip
State: New York 11722
Country: United States
Website: https://jbassettlaw.com/