Each attorney bases their fees on several factors, the first being the severity of the charge. The more serious the charge, the more work that is going to be involved in the case and ultimately the more it will cost you. The fees the attorney may charge though will vary. One attorney might be cheaper, but this could actually be a red flag. The cheaper option could also indicate that the attorney is not as experienced or well-versed in the circumstances you are facing for your DWI defense case. Quality representation should be the main concern when finding the best Suffolk County DWI Lawyer.
Additionally, most Suffolk County DWI Lawyers charge in one of three ways. An hourly rate, a fee per court appearance or a flat rate for the whole case. Most attorneys will have two fees depending on how far the case progresses. One if the charge is resolved as a plea bargain before trial, and one if the case needs to go to trial. Personally, I charge a flat rate for all of my clients. So my clients know exactly what to expect to pay if the case is worked out in a plea bargain as well as how much it would cost if the case goes to trial
There are a few things to look for when considering which Suffolk County DWI Lawyer to retain:
The first thing is experience. Some attorneys are “jack of all trades” lawyers who will handle cases from many different areas of law including DWI defense. I do not recommend hiring general practitioners as they do not have substantial experience focusing on DWI law. Instead, I recommend hiring an attorney that focuses mainly on DWI defense.
Also, experience in the area where your case is based, is critical. My DWI defense law practice is devoted almost entirely to Suffolk and Nassau counties. 90% of the cases I handle are on Long Island, and over the years I have been in every court and forged relationships in every area.
It is a good idea to meet with the attorney and see if you are comfortable with them on a personal level. Since covid I have done this telephonically and with technology such as Facetime. As we move through this difficult time, I look forward to more in-person time with my clients.
A good DWI defense attorney needs to be a good communicator, and it should be easy for you to build a rapport with them so you are comfortable with them representing you. They should also be straightforward and be transparent about fees, costs and what to expect for the next steps.
Finally, reputation is key for helping you decide who to hire. Recommendations from friends or family is a good place to start. Even if you don’t have a personal recommendation there are plenty of places to look online for reviews. Avvo, Google, Lawyers.com are all good resources for online reviews. Take the time to read why an attorney received a good or bad review to determine what it really is like should you hire them.
Being arrested for a DWI (Driving While Intoxicated) on Long Island can be frightening, confusing, and stressful, especially if this is your first interaction with the criminal justice system. It’s natural to feel overwhelmed by uncertainty about your future, your driving privileges, and potential legal consequences. You may be worried about how this arrest will impact your job, your family, and your daily life.
Understanding exactly what happens next can provide clarity, ease anxiety, and empower you to take informed steps moving forward. Knowing your rights, potential penalties, and the legal process ahead can help you navigate this challenging situation with greater confidence and ensure that your interests are fully protected.
Once arrested for DWI (Driving While Intoxicated), you’ll be taken into custody at a local police precinct. Here, officers will collect personal information, fingerprints, and perform necessary procedures such as taking your photograph and recording details of the alleged offense.
Breathalyzer and Chemical Tests
Typically, you’ll be asked to undergo a breathalyzer or chemical test (blood or urine test). Refusing a breathalyzer test in New York leads to an immediate license suspension for at least one year under New York’s “Implied Consent” law. It’s crucial to understand your rights and the implications of refusal.
License Suspension
In most cases, your driver’s license is immediately suspended pending court proceedings. For first-time offenders, this usually means a suspension until your initial court appearance. A seasoned DWI attorney can help you obtain conditional driving privileges if necessary.
Arraignment
Within days of your arrest, you’ll appear in court for your arraignment, typically within 24 to 48 hours. Although some law-enforcement agencies will issue a desk appearance ticket where you are required to appear in court for arraignment on a future date. The initial hearing involves formally reading your charges, setting bail conditions, and scheduling future court dates. It’s critical to have legal representation at this stage to safeguard your rights.
Securing an experienced Long Island DWI attorney quickly is critical. An attorney will thoroughly assess your arrest details, review the prosecution’s evidence, and immediately work toward reducing or dismissing your charges by identifying procedural errors or rights violations.
Discovery and Evidence Review
Your attorney will request and review all evidence from the prosecution, including police reports, breathalyzer results, witness testimonies, and dashcam/body camera footage. This step helps build your defense by finding inconsistencies or flaws in the prosecution’s case.
Plea Bargaining
Negotiations often occur between your attorney and the prosecutor. Depending on the circumstances, charges may be reduced (e.g., from DWI to DWAI – Driving While Ability Impaired), which carries lesser penalties and impacts on your record.
Pre-Trial Hearings
At pre-trial hearings, your attorney challenges the validity of evidence, including the legitimacy of the traffic stop, the administration of sobriety tests, and the accuracy of the chemical test. Successful challenges can significantly strengthen your position or even result in a case dismissal.
Trial (If Necessary)
If your case proceeds to trial, your attorney will present a robust defense strategy designed to raise reasonable doubt about your guilt. This could involve calling expert witnesses, challenging police procedures, or highlighting evidentiary weaknesses.
If found guilty, sentencing will follow. Possible penalties include license revocation, fines, mandatory alcohol programs, probation, ignition interlock devices, or even jail time. The severity of penalties varies based on BAC levels, prior offenses, and whether aggravating factors (e.g., injuries or accidents) are involved.
Impact on Insurance Rates
A DWI conviction significantly increases your insurance premiums, often doubling or tripling rates. Your attorney’s efforts to reduce or dismiss charges can substantially mitigate these financial consequences.
Installation of Ignition Interlock Device
New York law typically requires installing an ignition interlock device for at least 6 months after a DWI conviction, even for first-time offenders. An attorney may negotiate for reduced durations or alternative solutions.
Long-Term Record Consequences
A DWI conviction remains on your driving record for up to 10 years, affecting employment opportunities, background checks, and personal reputation. It’s crucial to secure strong representation to minimize these long-term impacts.
Edward Palermo brings over three decades of experience exclusively focused on protecting clients facing DWI charges in Long Island. Edward Palermo’s proven track record, extensive local court knowledge, and personalized approach ensure that you receive aggressive, effective representation.
Don’t leave your future to chance—contact Edward Palermo today for a free, confidential consultation and secure your strongest defense.