Over 31 years · Long Island criminal defense
Over 31 years · Long Island criminal defense
I've personally defended over 2,000 people across Nassau & Suffolk for 31 years. Tell me what happened and I'll text you back.
150+ Five-Star Reviews
"Superb" Avvo Rating for over a decade
High BAC Defense Attorney
An aggravated DWI charge is one of the most serious alcohol-related driving offenses in New York State. If your blood alcohol content (BAC) measured .18% or higher, more than twice the legal limit—you’re facing enhanced penalties that can include steep fines, a one-year license revocation, and up to a year in jail. A Long Island DWI Lawyer is critical when your blood alcohol reading is at .18 or above.
I’m Edward Palermo, and I’ve been defending Long Island residents against DWI charges for over 31 years. I understand the fear and uncertainty you’re experiencing right now. The Nassau County District Attorney VERY RARELY agrees to reduce aggravated DWI charges and the Suffolk County District Attorney only RARELY agrees to reduce aggravated DWI charges because of the elevated blood alcohol content finding by police. But “rarely” and “very rarely” is not “never,” and I’ve achieved favorable results for clients facing these exact charges.
I am very experienced handling Nassau County aggravated DWI cases as well as Aggravated DWI matters throughout Suffolk County and the East End of Long Island. Long Island aggravated DWI / DUI charges require experienced counsel in both Nassau and Suffolk counties as the penalties are enhanced and the prosecutors often dig their heels in and refuse to negotiate reduced charges.
I will answer all of your questions. I will explain the criminal charges you face. I will explain potential strategies to win your case. New clients ALWAYS feel better after they speak to me.
Ed Palermo
Why clients choose Ed
7-Time Best Lawyer & Highly Rated
Featured as a New York Law Journal Trailblazer and maintained a "Superb" AVVO Rating for over a decade. Voted 7-Time Winner of the Best of Long Island.
Unrivaled Criminal Trial Advocacy
I personally defend your freedom with over 31 years of exclusive criminal trial experience. I do everything in my power to dismantle the prosecution's evidence and secure a "Not Guilty" verdict.
Direct Access To Your Attorney
Every client receives my personal cell phone number. You will never be handed off to a junior associate; you deal directly with me from your initial arrest to the final resolution of your case.
Text Ed Palermo Personally Today
We understand this is an overwhelming time. I am available 24/7 to provide the certainty you need. Text or call me directly right now at (631) 903-3733
Under New York Vehicle and Traffic Law § 1192(2-a), Aggravated Driving While Intoxicated occurs when you operate a motor vehicle with a blood alcohol content of .18% or higher. This is more than double the standard .08% legal limit.
Aggravated DWI is classified as an unclassified misdemeanor, but carries significantly harsher penalties than a standard DWI charge.
Important: You can also be charged with Aggravated DWI under VTL § 1192(2-a)(b) if you drive while intoxicated with a child under 16 in the vehicle—this is an automatic felony under Leandra’s Law, even for a first offense.
Recognized by the community
Voted Best of Long Island by readers of BestOfLongIsland.com — alongside a New York Law Journal Trailblazer Award and a “Superb” Avvo rating held for over a decade.
Featured Trial Result
I represented a practicing attorney in Suffolk County facing felony Aggravated DWI and Leandra's Law charges after being stopped with a child passenger in the vehicle. Her blood alcohol reading was elevated, and the state was aggressively pursuing a felony conviction that could have triggered disbarment, the loss of her law license, and possible state prison time.
I conducted a thorough procedural investigation into the facts of the case. Through direct negotiations with a senior supervising attorney in the Suffolk County District Attorney’s Office, I secured a reduction of the felony charges to a simple misdemeanor. My client walked out of the courtroom with a result that will be sealed after 36 months, her legal career fully protected, and her livelihood saved.
Leandra’s Law (New York Vehicle and Traffic Law § 1192(2-a)(b)) makes any DWI offense with a child under 16 in the vehicle an automatic felony. These cases require aggressive, specialized defense from day one.
Results matter. Text my cell directly 24/7 to put 31+ years of criminal defense experience in your corner.
Attorney advertising. Prior results do not guarantee a similar outcome. Legal disclaimer
I represented a practicing attorney in Suffolk County facing felony Aggravated DWI and Leandra's Law charges after being stopped with a child passenger in the vehicle. Her blood alcohol reading was elevated, and the state was aggressively pursuing a felony conviction that could have triggered disbarment, the loss of her law license, and possible state prison time.
I represented a client in Northport Village Court charged with aggravated DWI on a chemical reading in excess of .20, well above the .18 aggravated threshold and the kind of number that gives most people little hope. Drawing on my familiarity with that court and the Suffolk prosecutors who cover it, I was able to negotiate a reduction all the way down to driving while ability impaired, the non-criminal traffic infraction.
I represented a financial professional facing Aggravated DWI charges under New York Vehicle and Traffic Law § 1192(2-a)(a). His career advancement was in jeopardy if convicted of this serious misdemeanor, and the Suffolk County District Attorney rarely agrees to reduce these charges because of the elevated blood alcohol reading. I negotiated a resolution that reduced the Aggravated DWI to a simple traffic infraction after one year of good behavior. His professional license and future career opportunities were fully secured.
I represented a client in Riverhead Town Justice Court charged with driving while intoxicated under VTL 1192(2), on a chemical reading of .17. That is a number most people assume leaves no room to work with. It sits just under the .18 aggravated threshold, and the Suffolk County District Attorney's office rarely agrees to reduce a charge at that level. Getting a reduction on a reading like that in this particular courthouse is harder still, because in Riverhead the deal does not end with the prosecutor.
Meet Ed Palermo
I have dedicated over 31 years to criminal defense, representing more than 2,000 Long Island residents facing charges ranging from misdemeanors to serious felonies. My practice focuses exclusively on high-stakes criminal trial defense and DWI defense across Nassau County, Suffolk County, and the East End.
I appear regularly in the Nassau County Court in Mineola defending serious felony indictments, the First District Court in Hempstead handling misdemeanor offenses, the Cohalan Court Complex in Central Islip handling Suffolk County misdemeanors and lower felonies, the Suffolk County Court in Riverhead for serious felony and DWI matters, and local village and town justice courts across the East End from Westhampton through Montauk. I know the prosecutors, the judges, and the distinct court culture in each jurisdiction. That knowledge comes only from decades of consistent daily courtroom presence.
My trial experience matters. I have secured not guilty verdicts in complex felony cases including First Degree Assault, First Degree Robbery, Second Degree Burglary charged as a persistent violent felony offender, First Degree Rape, felony sexual assault, and DWI accidents. I have negotiated favorable, non-custodial outcomes in cases where clients faced state prison time. I have successfully gotten serious felony charges reduced and dismissed when prosecutors were certain they held airtight cases.
But what I am most proud of is how my clients feel after our first conversation. That initial crushing wave of panic transforms into absolute confidence once they realize they have an experienced advocate who knows exactly how to dismantle the District Attorney’s case.
Client Reviews
“Ed is a great lawyer!”
Ed is a great lawyer! Very intelligent and with his 30+ years experience really gives him upper hand on trials and other criminal cases. Highly recommend him.
“...Thanks to his services, I am living a much better life...”
Edward was nothing but a true professional when helping me with my situation. Thanks to his services, I am living a much better life. Thank you.
“...I can finally move on with my life and serve my country”
I recently joined the military but made a mistake before I enlisted that could have seriously affected my life which I was charged for. Mr Palermo got my case dismissed. I’m so glad I can finally move on with my life and serve my country
“...when I tell you he got my case dismissed i mean DISMISSED...”
I had a DWI case in Nassau and when I tell you he got my case dismissed i mean DISMISSED and DWI wasn’t the only charge
“If you’re facing a DWI...do yourself a favor and call Ed”
Ed Palermo is an incredible attorney! Even after my DWI case was resolved very favorably, I still had the interlock device in my car. Ed took care of that as well writing a motion for early termination after 6 months maintaining the device. If you’re facing a DWI case please do yourself a favor and call Ed Palermo. Best decision I could have made!
| Penalty | Range |
| Fine | $1,000 – $2,500 |
| Jail | Up to 1 year |
| License Revocation | Minimum 1 year |
| Surcharge | $395 |
| Driver Responsibility Assessment | $250/year for 3 years ($750 total) |
| Ignition Interlock Device | Minimum 12 months |
| Probation | Up to 3 years |
A second aggravated DWI within 10 years is a Class E Felony:
A third offense is a Class D Felony:
Prosecutors treat aggravated DWI cases differently than standard DWI cases. Here’s why:
The high BAC reading creates a presumption. When your BAC is .18% or higher, prosecutors assume you were severely intoxicated. They are far less willing to negotiate plea reductions.
Mandatory enhanced penalties. Even if convicted of a first offense, you face a minimum one-year license revocation—not six months like a standard DWI.
Ignition interlock is required. You’ll need to install and maintain an ignition interlock device in any vehicle you own or operate for at least 12 months.
Career consequences are magnified. For professionals with licenses—doctors, nurses, teachers, financial advisors, lawyers—an aggravated DWI conviction can be career-ending.
Every aggravated DWI case has potential weaknesses. My job is to find them. Here’s what I examine:
Police need reasonable suspicion to pull you over. If the stop was improper, everything that follows—including your BAC test—may be suppressed.
Breathalyzer machines must be properly calibrated and maintained according to New York State regulations. I subpoena all calibration records, maintenance logs, and operator certifications. Common issues include:
Your BAC continues to rise for 30-90 minutes after your last drink. If there was significant time between when you were driving and when you were tested, you may have been under the legal limit while actually operating the vehicle—even if you tested high later.
If a blood test was used, I examine chain of custody, blood draw procedures, laboratory protocols, and sample preservation. Any break in these procedures can make results unreliable.
While prosecutors rarely reduce aggravated DWI charges, I have achieved reductions for clients when the facts support it. My relationships with prosecutors and judges throughout Nassau and Suffolk Counties, built over 31 + years of practice, allow me to negotiate effectively on your behalf.
I understand that for many of my clients, the criminal penalties are only part of the concern. What keeps you up at night is the impact on your career.
If you hold a professional license, an aggravated DWI conviction can trigger disciplinary proceedings with your licensing board. Doctors, nurses, teachers, financial advisors, real estate brokers, lawyers, and many other professionals face potential license suspension or revocation.
I’ve successfully protected the careers of:
My goal is not just to defend your case in criminal court—it’s to protect your ability to earn a living and support your family.
If you’ve been charged with aggravated DWI on Long Island, you need an experienced attorney who knows how to fight these charges. The consequences are too serious to trust to anyone less than the best.
Call me today for a free consultation. I will answer your questions, explain your options, and develop a strategy to protect your future.
It’s difficult but possible. Prosecutors are reluctant to reduce aggravated DWI charges, but weaknesses in the evidence—such as problems with the breathalyzer calibration or testing procedures—can create leverage for negotiation. I’ve achieved reductions to traffic infractions for clients facing aggravated DWI charges.
Jail is possible but not guaranteed for a first offense. Many factors affect sentencing, including whether there was an accident, your criminal history, and your attorney’s ability to present mitigating circumstances. An experienced DWI attorney can often negotiate alternatives to incarceration.
For a first-offense aggravated DWI, the minimum license revocation is one year—longer than the six-month minimum for standard DWI. After 30 days, you may be eligible to apply for a pre-conviction conditional license that allows limited driving for work, school, and medical appointments.
Yes. New York law requires ignition interlock devices for all aggravated DWI convictions. The device must be installed in any vehicle you own or operate for a minimum of 12 months. The cost runs approximately $100-$150 per month for installation and monitoring.
An aggravated DWI conviction typically results in insurance rate increases of 80-100% or more, lasting 3-5 years. Some insurers may refuse to cover you entirely. The total additional insurance cost over five years can easily exceed $10,000-$20,000.
No, not easily. Canada considers DWI a serious criminal offense and routinely denies entry to people with DWI convictions. You would need to apply for a Temporary Resident Permit or Criminal Rehabilitation status, which can take months to process.
