Why clients choose Ed
One attorney. Your case, start to finish.
Award Winning &
Highly Rated
I have been voted "Best Lawyer on Long Island for the last 5 years, I was featured as a Trailblazer by the prestigious New York Law Journal in 2019 and have a perfect 10 “superb” rating from AVVO.
There is no Lawyer fighting harder than me!
I treasure my clients and truly appreciate that they retain me to defend them in matters of such importance. I will do everything in my power to get you a great result.
I am always directly available to my clients
All of my clients receive my personal cell phone number. Clients can contact me anytime. New clients can feel free to text me anytime as well on my cell (631) 903-3733
Speak Directly To Ed Today
We understand this can be one of the most embarrassing, stressful times in their lives. We are here to help.
I will answer all of your questions. I will explain the DWI charges you face. I will explain potential strategies to win your case. New clients ALWAYS feel better after they speak to me.
- Ed Palermo
Aggravated DWI Lawyer Long Island
Page Author & Legal Reviewer: Edward Palermo, Esq. |
Originally Published: April 2024 |
Last Verified: May 2026
Edward Palermo is a premier Long Island DWI / DUI defense attorney with 31+ years of daily courtroom practice. Devoting his practice to criminal trial defense, he has been recognized as a 7-time Best Lawyer on Long Island (2019–2024 & 2026).
Aggravated DWI Lawyer Long Island | 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 highe, 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.
I’m Edward Palermo, and I’ve been defending Long Island residents against DWI charges for over 30 years. I understand the fear and uncertainty you’re experiencing right now. The Suffolk County District Attorney VERY RARELY agrees to reduce aggravated DWI charges because of the elevated blood alcohol content finding by police. But “very rarely” is not “never”—and I’ve achieved favorable results for clients facing these exact charges.
Call me directly at (631) 265-1052 or text me at (631) 903-3733. I answer my phone personally.
Why Choose Ed Palermo for Your Aggravated DWI Defense?
31+ years of DWI defense experience. I’ve handled over 1,000 DWI cases throughout my career. I know the prosecutors, the judges, and the courthouses in Nassau and Suffolk Counties.
Voted Best Lawyer on Long Island 7 years (2019-2024 & 2026). My clients have recognized my dedication by voting me Best Lawyer on Long Island in the BFCU Best of Long Island contest five years running.
NY Law Journal “Trailblazer” recognition. I was honored by the prestigious New York Law Journal as a Trailblazer in 2019.
Perfect 10.0 “Superb” rating from AVVO. Independent review confirms my reputation for excellence.
Top 1% of attorneys nationwide. National Association of Distinguished Counsel recognition.
Personal attention. Every client receives my personal cell phone number. You can reach me directly—not an assistant, not a paralegal. When you’re facing the stress of an aggravated DWI charge, you deserve to speak with your attorney when you need to.
What is Aggravated DWI in New York?
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.
Notable DWI Results
Edward represented a New Jersey Businessman charged with DWI
Long Island DWI Lawyer Edward Palermo negotiates a reduction of the criminal charges to a non-criminal traffic violation.
Medical Doctor charged with DWI
Edward Palermo negotiates reduction to simple traffic infraction to insure no negative impact on Doctor’s career.
Pennsylvania business man charged with DWI
DWI Lawyer Edward Palermo negotiates a reduced charge of only a single traffic violation.
Edward Palermo represented student at Stony Brook University charged with DWI
Again, Edward negotiates a reduction of the criminal charges to a non-criminal traffic violation.
Edward Palermo represented a Brooklyn resident in a DWI charge on Long Island
As a successful real estate broker, the client was concerned about the effect a criminal conviction would have on his professional license and livelihood. The District Attorney would not reduce the charge to a non-criminal traffic violation because the client was previously arrested for driving while intoxicated. Edward found a flaw in the prosecution’s handling of the case and made a motion to dismiss the case. The motion was granted in its entirety and the case was completely DISMISSED.
Client charged with aggravated DWI
Client is a financial professional and his future career advancement was in jeopardy if convicted of this serious misdemeanor crime. The Suffolk County District Attorney VERY RARELY agrees to reduce such a charge because of the elevated Blood Alcohol Content finding by police. Long Island DWI Attorney Edward Palermo negotiated an extremely favorable resolution which will lead to the reduction of the aggravated DWI to a simple traffic infraction after 1 year of good behavior by the client. His professional license and future career opportunities are secure.
Client charged with DWI after driving his vehicle into a residential home
The District Attorney originally recommended jail time. Long Island DWI Lawyer Edward Palermo negotiated a very favorable outcome which will lead to dismissal of criminal charges and only a traffic violation after 1 year of good conduct by client.
Client charged with aggravated DWI and additional violations with a motor vehicle accident
Edward Palermo scheduled the matter for trial before The Honorable Joseph Girardi of the Nassau County First District Court. First, Edward was able to obtain dismissal of the additional violations after motion during the trial and the client was then found NOT GUILTY of the aggravated DWI charge after trial. All charges dismissed and client, who is a teacher, was able to resume his life and career with a clean record.
Meet Ed Palermo
I’ve dedicated over 31 years to criminal defense in Suffolk County, representing more than 2,000 Long Island residents facing charges ranging from misdemeanors to serious felonies. My practice focuses exclusively on high-stakes criminal defense and DWI cases in Suffolk County courts, Nassau County courts, and throughout Long Island.
I appear regularly in Suffolk County Court (Cromarty Complex) in Riverhead defending serious felony indictments, the First District Court at the Cohalan Court Complex in Central Islip handling misdemeanor offenses, and dozens of local village and town justice courts from Amityville and Northport to Southampton and Southold. I know the prosecutors, the judges, and the distinct court culture in each jurisdiction, knowledge that comes only from decades of consistent, daily courtroom presence.
CLICK HERE TO TEXT MY CELL: (631) 903-3733
My trial experience matters. I’ve secured “not guilty” verdicts in complex cases. I’ve negotiated favorable, non-custodial outcomes in cases where clients faced state prison time. I’ve successfully gotten serious felony charges reduced and even, at times, dismissed when prosecutors were certain they held air-tight cases.
But what I’m 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 Suffolk County District Attorney’s case.
Education:
- Hofstra University – B.A. (1990)
- Hofstra University School of Law – J.D. (1994)
Court Admissions:
- All New York State Courts
- U.S. District Court, Eastern District of New York (EDNY)
- U.S. District Court, Southern District of New York (SDNY)
Professional Recognition:
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- 7-Time Best Lawyer on Long Island (2019–2024 & 2026)
- New York Law Journal Trailblazer Award (2019)
- AVVO Rating: 10/10 “Superb”
- National Trial Lawyers Top 100
- National Association of Distinguished Counsel – Top One Percent
- Member-National College for DUI Defense
Testimonials
"...very hard working and did his best to get me a favorable outcome."
I hired attorney Ed Palermo when I was facing robbery charges last year. He was very hard working and did his best to get me a favorable outcome. Thank you, Ed!
Gabrielle S.
"Ed Palermo is your best option."
Attorney Palermo was my domestic violence defense lawyer when I was accused of domestic violence. I had a really hard time when I was charged but attorney Palermo was there to make the process easier. There's no one else I would recommend. If you are facing domestic violence charges in New York, Ed Palermo is your best option.
Jack B.
"He is extremely sharp in court..."
I had reverently used Ed Palermo as my attorney in a criminal case. Was extremely pleased with the outcome. He is extremely sharp in court and reached the exact outcome we had discussed prior. I would strongly recommend to anyone.
Billy P.
"So grateful!"
Having attorney Ed Palermo as my defense attorney was an amazing experience. He knew the law inside and out and kept me updated throughout my case. So grateful!
Richie W.
"Miracle worker and such a gentleman."
I searched for a lawyer for a friend of mine and hands down Ed is the Best lawyer on Long Island. The Best!!!!!!! I’d refer him to anyone. Miracle worker and such a gentleman.
Catherine F.
"... took care of me through every stage."
Ed guided and took care of me through every stage. Any question I had or concern he would explain the situation, options and how we overcome it to resolve the best outcome for me.
Ed H.
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Aggravated DWI Penalties in New York
First Offense Aggravated DWI
| 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 |
Second Offense Aggravated DWI (Within 10 Years)
A second aggravated DWI within 10 years is a Class E Felony:
- Fine: $1,000 – $5,000
- Prison: Up to 4 years
- License Revocation: Minimum 18 months (often longer)
- Permanent felony record
Third Offense (Within 10 Years)
A third offense is a Class D Felony:
- Fine: $2,000 – $10,000
- Prison: Up to 7 years
- License Revocation: Minimum 18 months to permanent
Why Aggravated DWI Cases Are More Difficult
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.
Aggravated DWI Case Results
Attorney advertising. Prior results do not guarantee a similar outcome.
Financial Professional Facing Career Destruction – Charge Reduced to Traffic Infraction
My client was a financial professional whose future career advancement was in jeopardy if convicted of this serious misdemeanor crime. The Suffolk County District Attorney VERY RARELY agrees to reduce such a charge because of the elevated Blood Alcohol Content finding by police.
I negotiated an extremely favorable resolution which will lead to the reduction of the aggravated DWI to a simple traffic infraction after 1 year of good behavior by the client. His professional license and future career opportunities are secure.
Teacher Charged with Aggravated DWI and Motor Vehicle Accident – NOT GUILTY
My client, a teacher, was charged with aggravated DWI and additional violations following a motor vehicle accident in Nassau County.
I scheduled the matter for trial before The Honorable Joseph Girardi of the Nassau County First District Court. First, I was able to obtain dismissal of the additional violations after motion during the trial. The client was then found NOT GUILTY of the aggravated DWI charge after trial.
All charges dismissed. My client was able to resume his life and career with a clean record.
How I Defend Aggravated DWI Cases
Every aggravated DWI case has potential weaknesses. My job is to find them. Here’s what I examine:
Challenging the Traffic Stop
Police need reasonable suspicion to pull you over. If the stop was improper, everything that follows—including your BAC test—may be suppressed.
Challenging the Breathalyzer Results
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:
- Calibration failures or gaps in maintenance records
- 15-minute observation period violations (officer must continuously observe you before testing)
- Mouth alcohol contamination from GERD, acid reflux, dental work, or recent drinking
- Medical conditions like diabetes that can produce false high readings
- Operator errors or improper testing procedures
Rising Blood Alcohol Defense
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.
Challenging Blood Test Results
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.
Negotiating Charge Reductions
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 30 years of practice—allow me to negotiate effectively on your behalf.
Protecting Your Career and Professional License
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:
- Medical doctors
- Financial professionals
- Teachers
- Real estate brokers
- Business executives
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.
What to Do After an Aggravated DWI Arrest
- Call me immediately. Time is critical. Evidence can disappear, and there are deadlines that must be met.
- Don’t discuss your case with anyone except me. What you say to friends, family, or on social media can be used against you.
- Document everything you remember. Write down what you ate and drank, where you were, how you felt, and everything that happened during your arrest.
- Don’t miss any court dates. Failure to appear will result in a warrant for your arrest and make everything worse.
- Don’t drive on a suspended license. This creates additional criminal charges and can result in jail time
Contact Ed Palermo Today
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.
Suffolk County Office 1300 Veterans Memorial Hwy, Suite 320 Hauppauge, NY 11788 (631) 265-1052
Nassau County Office 1539 Franklin Avenue, Suite 104 Mineola, NY 11501 (516) 280-2160
East Hampton Office 9 Willow Ln East Hampton, NY 11937 (631) 265-1051
Text Ed Directly: (631) 903-3733
FREQUENTLY ASKED QUESTIONS
Can an aggravated DWI be reduced to a regular DWI or DWAI?
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.
Will I go to jail for a first-offense aggravated DWI?
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.
How long will my license be revoked?
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.
Will I need an ignition interlock device?
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.
How will this affect my insurance?
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.
Can I travel to Canada with an aggravated DWI on my record?
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.
Honors & Recognition
