New York DWI Lawyer
A DWI charge in New York can mean a license revocation, a criminal record, and up to a year in jail, even for a first offense. New York Vehicle and Traffic Law section 1192 covers three levels of alcohol-related charges, DWAI, DWI, and Aggravated DWI, each with its own fines and jail time.
A DWI lawyer reviews the stop, the field sobriety tests, and the breath test before the case reaches court. Maher A. Fakhouri Attorney At Law represents drivers facing DUI and DWI charges across New York and offers a free consultation to review your case.
What Counts as a DWI in New York?
New York Vehicle and Traffic Law § 1192 splits alcohol-related driving charges into three levels, based on blood alcohol concentration (BAC) at the time you were driving.
DWAI, Driving While Ability Impaired
A BAC between .05% and .07% is charged as DWAI under VTL § 1192(1), sometimes called driving while impaired. It affects your ability to drive even below the legal limit for DWI. It’s a traffic violation, not a criminal charge, but it still carries a fine and a suspension of your driver’s license.
DWI, Driving While Intoxicated
A BAC of .08% or higher is DWI under VTL § 1192(2), New York’s “per se” law. This is a criminal charge, not just a traffic ticket. A first offense is a misdemeanor.
Aggravated DWI
A BAC of .18% or higher is charged as Aggravated DWI under VTL § 1192(2-a). Aggravating factors like a high BAC, a prior DWI, or a child 15 or younger riding in the vehicle push penalties higher and can turn a misdemeanor into a felony DWI case.
Under Leandra’s Law (VTL § 1192(2-a)(b)), driving while intoxicated or impaired with a child 15 or younger in the car is charged as a felony even on a first offense, and the arresting officer is required to report the driver to New York’s Statewide Central Register of Child Abuse and Maltreatment.
Penalties and Consequences of a DWI Conviction
The penalty for a DWI conviction depends on your BAC, your driving record, and whether anyone was hurt. If you are convicted of DWI, expect a fine, possible jail time, and a suspension of your license. Here’s what a DWI charge can mean in New York.
First DWI Offense
- Fine of $500 to $1,000
- Up to 1 year in jail
- License revoked for at least 6 months
- Mandatory ignition interlock device
First Aggravated DWI Offense
- Fine of $1,000 to $2,500
- Up to 1 year in jail
- License revoked for at least 1 year
- Mandatory ignition interlock device
Second DWI Offense (within 10 years)
- Charged as a felony DWI
- Fine of $1,000 to $5,000
- Up to 4 years in prison
- License revoked for at least 1 year
Third DWI Offense (within 10 years)
- Charged as a felony DWI
- Fine of $2,000 to $10,000
- Up to 7 years in prison
- License revoked for at least 1 year
Refusing a Breath Test
Refusing a breath test doesn’t avoid a DWI charge, and it carries its own penalty under VTL § 1194. A first refusal means a license revocation of at least 1 year (18 months for commercial drivers) and a $500 civil penalty ($550 for commercial drivers), on top of any DWI or DUI case still pending. Refuse again within 5 years of a prior alcohol- or drug-related conviction or refusal, and the revocation rises to at least 18 months, with a $750 civil penalty. Commercial drivers who refuse a second time face permanent revocation of their commercial license.
How a DWI Arrest Happens
Most DWI cases start with a traffic stop. An officer needs reasonable suspicion to pull you over, then probable cause to make an arrest. Anyone arrested for DWI in New York goes through a similar process, which usually looks like this.
- A traffic stop for a moving violation or checkpoint
- Field sobriety tests at the roadside
- A breath test to measure blood alcohol concentration
- Arrest and booking if the officer believes you were driving while intoxicated
Each of these steps can be challenged. A mistake at any point can be the difference between a conviction and a dismissed case.
DWI Defense Strategies We Use
Every DWI case is different, but a strong defense usually starts in the same place. It starts with the evidence against you. Anyone facing DWI charges needs a DWI defense lawyer or DUI attorney who will fight for your rights at every stage of the case.
Challenging the Traffic Stop
If the officer lacked reasonable suspicion to stop you, the case can fall apart before it starts.
Challenging Field Sobriety and Breath Test Results
Field sobriety tests are subjective. Weather, footwear, and medical conditions can all affect the result. Breath test machines also need regular calibration. An uncalibrated or mishandled test can be challenged in a hearing.
Negotiating Aggravating Factors
Not every DWI case needs to go to trial. Sometimes the best outcome is negotiating the charge down or reducing the aggravating factors that drive up your sentence.
Why Choose Fakhouri Law as Your DWI Defense Attorney
Fakhouri Law handles criminal defense cases across New York, including DWI, DUI, traffic violations, and weapons charges. Whether you were charged with DWI or charged with DUI, it’s your life. It’s your future. Put it in the hands of a criminal defense attorney who treats your case like it matters, because it does.
When you’re facing a DWI charge, you need a DUI lawyer or defense lawyer who reviews every detail. That means the stop, the tests, the paperwork, and the officer’s report. We build a defense strategy around what actually happened, not a template.
Frequently Asked QuestionsÂ
Will I lose my driving privileges after a DWI arrest?
Often, yes, at least temporarily. New York can suspend your license at arraignment, before your case is even resolved. A DWI lawyer can request a hearing to challenge that suspension and, in some cases, get you a conditional license so you can keep driving to work.
What's the difference between a DWI and a DUI?
New York uses the term DWI (Driving While Intoxicated) in its statutes. DUI (Driving Under the Influence) is the term more common in other states. If you were charged with a DUI or DWI in New York, you’re facing the same law, VTL 1192.
Is a DWI always a felony?
No. Most drunk driving charges start as a misdemeanor for a first DWI offense. A second or third offense within 10 years, or a DWI involving a child passenger or serious injury, can be charged as a felony DWI.
Can I refuse a breathalyzer test?
You can refuse, but it comes with its own penalty: a license revocation and a civil fine, separate from any DWI charge. Whether refusing makes sense depends on your specific situation. Talk to a defense attorney before your next stop, not after.
How much does a DWI lawyer cost?
Fakhouri Law offers a free consultation with an experienced attorney, so you can review your case and understand your options before you commit to anything. Call for your free case evaluation.
Fight Your DWI with a Lawyer Who Won’t Back Down
845 400 2LAW