If you or someone you love has been arrested for DWI in Suffolk County, you are likely worried about your license, your job, and what happens in court. My role is to steady the situation on day one, protect your rights at every step, and guide you to the best possible outcome under New York law. With over three decades in criminal defense and deep experience in Suffolk courts, I know how these cases are built and how they can be won, narrowed, or resolved favorably.
Immediate Triage After an Arrest
The first objective is to control damage. I review the complaint, the probable cause paperwork, and any chemical test results, then prepare you for arraignment if it has not already happened. Many Suffolk judges impose a suspension pending prosecution when there is a test above the legal limit, so I address hardship driving applications and begin planning for a conditional license through the Impaired Driver Program when eligibility allows.
Case Investigation and Evidence Collection
A strong defense starts with complete information. I demand body-worn camera videos, dashboard footage, breath test tickets, maintenance and calibration logs, 911 calls, dispatch records, and field notes from every officer involved. I also move quickly to preserve independent video from homes or businesses near the stop scene, collect medical records that may explain balance or speech issues, and identify civilian witnesses who saw your driving or your interactions with police.
Challenging the Stop and the Arrest
Every DWI case begins with a traffic stop or police contact. I examine whether the officer had a lawful reason to stop you, whether the detention was unreasonably prolonged, and whether field sobriety tests were administered and scored according to standardized protocols. Many people have medical or orthopedic conditions that affect balance, or anxiety that affects performance, and body-camera video often tells a more complete story than a checkbox on a form.
Attacking Chemical Tests and “Numbers”
Prosecutors often rely on a breath or blood alcohol number. I scrutinize the 15-minute observation period, the operation of the breath instrument, recent maintenance and accuracy checks, the presence of mouth alcohol, GERD or reflux issues, and whether instructions were properly given. If blood was drawn, I evaluate the chain of custody, anticoagulant and preservative use, storage temperatures, potential fermentation, and lab methodologies. The number only matters if it is reliable and admissible, and I work to keep unreliable evidence out of the case.
DMV Refusal Hearing Representation
If you allegedly refused a breath test, the DMV will schedule a separate administrative hearing that can result in a license revocation and civil penalties. I represent you at this hearing, cross-examine the arresting officer, and challenge whether the warnings were properly given and whether there was an actual refusal. This hearing also creates sworn testimony that can help your criminal case later, so it is both a licensing fight and a strategic opportunity.
Motion Practice and Suppression Hearings
Strong pretrial motions can change the trajectory of a DWI case. I file motions to suppress evidence from an unlawful stop, to exclude statements taken in violation of your rights, to preclude unreliable test results, and to sanction discovery violations. When the court orders evidentiary hearings, I prepare you and my expert witnesses, and I use those hearings to expose weaknesses that often lead to reductions or dismissals.
Negotiation With the District Attorney
Not every case will end in a trial, and smart negotiation can protect your future. I present mitigation that prosecutors and judges consider, including documented sobriety efforts, alcohol or substance evaluations, early treatment, proof of employment, community service, and hardship circumstances such as caregiving responsibilities. When the evidence is weak or legal issues are strong, I push for reductions to DWAI or other non-criminal dispositions, and I work to limit fines, surcharges, and the duration of any ignition interlock requirement.
Special Situations That Need Extra Care
Some clients face unique risks that must be addressed from day one. Commercial drivers have much lower tolerance under the law and face lengthy CDL disqualifications even for incidents in a personal vehicle. Drivers under 21 can be hit with administrative penalties under the zero-tolerance law, separate from criminal charges. Accidents with injuries, allegations of very high BAC, or cases with a child in the car can invoke enhanced penalties, so I build a plan that accounts for these added stakes.
Expert Consultation and Trial Preparation
When the case calls for it, I bring in experts in breath testing, toxicology, accident reconstruction, or video forensics. These experts help unpack complex data, recreate timelines, and explain scientific flaws in a way that jurors and judges can understand. If we go to trial, I prepare you thoroughly, draft clear cross-examinations of the state’s witnesses, and present a narrative that shows reasonable doubt based on facts and science.
Sentencing Planning and Compliance
If a plea or conviction occurs, the work is not over. I advocate for fair sentencing and help you complete court requirements efficiently, from ignition interlock installation to class enrollment and community service placement. I also coordinate documentation that demonstrates compliance, because timely and accurate proof can prevent violations and additional penalties.
Protecting Your License and Your Livelihood
Driving privileges are essential on Long Island, so license strategy is central to my approach. I help you navigate the Impaired Driver Program, conditional privileges, potential waivers, and interlock rules to minimize disruption to work and family obligations. For out-of-state drivers, I address potential consequences in the home state through the Interstate Driver License Compact and advise you on realistic expectations.
What I Need From You
Your input can make a real difference. I ask clients to write a detailed timeline, gather names and numbers for any witnesses, share medical and dental history that could affect field sobriety performance, and provide employment documentation that shows the real-world impact of a suspension. Open communication helps me tailor a defense that fits your goals, whether that is clearing your name, limiting penalties, or protecting a professional license.
How Long Will This Take and What Will It Cost
Every case is different, but most Suffolk DWI matters take several months, especially if we litigate motions or hold hearings. Fees reflect the complexity of the facts, the need for experts, and whether the case proceeds to trial, and I am clear about costs and options from the start so you can make informed decisions.
The Bottom Line
A DWI case is a legal, scientific, and personal challenge, and you should not face it alone. My job is to find the weaknesses in the state’s proof, protect your license and your record, and guide you through each decision so you can move forward with confidence.
If you are facing a DWI in Suffolk County, contact Ed Palermo today for a free, confidential consultation. I will review your situation, explain your options, and start building your defense right away.