New York State DWI Defense Guide

The Complete New York State DWI Defense Guide

A Comprehensive Resource for Understanding DWI Charges, Penalties, and Your Legal Rights

By Edward Palermo, Esq. | 30+ Years Defending Long Island DWI Cases

Understanding New York DWI Law

New York State has some of the strictest DWI (Driving While Intoxicated) laws in the nation. These laws are codified in Section 1192 of the New York Vehicle and Traffic Law (VTL). Unlike some states that use the term “DUI” (Driving Under the Influence), New York uses specific terminology that defines different levels of impairment.

Key Legal Concepts

“Operating” vs. “Driving”

Under New York law, you don’t have to be actively driving to be charged with DWI. The law requires only that you “operate” a motor vehicle, which means having the key in the ignition with the engine running, even if the vehicle is parked. This is an important distinction that catches many people by surprise.

“Motor Vehicle” Defined

A motor vehicle includes cars, trucks, motorcycles, SUVs, and even boats (BWI – Boating While Intoxicated). It doesn’t have to be on a traditional road—parking lots and private roads accessible to vehicular traffic qualify as “public highways” under the law.

“Per Se” Intoxication

New York uses a “per se” standard for DWI, meaning that if your Blood Alcohol Content (BAC) is at or above the legal limit, you can be convicted regardless of whether you showed signs of impairment. The prosecution doesn’t need to prove you were driving dangerously—the BAC number alone is sufficient evidence.

Blood Alcohol Content (BAC) Standards

Different BAC levels trigger different charges and apply to different categories of drivers:

Standard Drivers (Age 21+):

0.00% – 0.05%: Legal to drive (though you may still be impaired)
0.05% – 0.07%: DWAI (Driving While Ability Impaired) – Traffic violation
0.08% or higher: DWI (Driving While Intoxicated) – Misdemeanor
0.18% or higher: Aggravated DWI – Enhanced misdemeanor

Commercial Drivers (CDL Holders):

0.04% or higher: Commercial DWI when operating a commercial vehicle
0.08% or higher: Standard DWI when operating a personal vehicle
Important: Even a DWI conviction in a personal vehicle affects CDL status and can result in disqualification
Face career-ending license suspensions

Drivers Under Age 21 (Zero Tolerance Law):

0.02% – 0.07%: Zero Tolerance violation – Administrative penalties
0.08% or higher: Full DWI charges apply

Types of DWI Charges in New York

New York law establishes several distinct DWI-related offenses under VTL § 1192, each with different elements and penalties.

1. Driving While Ability Impaired (DWAI) – VTL § 1192(1)

Definition: Operating a motor vehicle while your ability to operate is impaired by alcohol consumption.

BAC Range: More than 0.05% but less than 0.08%, OR other evidence of impairment

Classification: Traffic violation (not a crime) for first offense

Key Points:

Lowest level alcohol-related driving offense
Can be charged based on officer observations alone, without BAC evidence
Often used as a plea reduction from DWI charges
First offense is not a criminal conviction

Penalties (First Offense):

Fine: $300-$500
Jail: Up to 15 days
License Suspension: 90 days
Surcharge: $260
No criminal record

2. Driving While Intoxicated (DWI) – VTL § 1192(3)

Definition: Operating a motor vehicle while in an intoxicated condition (Common Law DWI)

Evidence Required: Officer observations of impairment (regardless of BAC)

Classification: Unclassified misdemeanor

Key Points:

Can be charged even if you refuse chemical testing
Prosecution must prove intoxication through observations: slurred speech, bloodshot eyes, unsteady gait, odor of alcohol, erratic driving, poor performance on field sobriety tests
Often charged alongside § 1192(2) Per Se DWI

Penalties (First Offense):

Fine: $500-$1,000
Jail: Up to 1 year
License Revocation: Minimum 6 months
Surcharge: $395
Ignition Interlock Device: Minimum 6-12 months
Possible probation: Up to 3 years

3. Driving While Intoxicated – Per Se – VTL § 1192(2)

Definition: Operating a motor vehicle with a BAC of 0.08% or higher

Evidence Required: Chemical test showing BAC of 0.08% or more

Classification: Unclassified misdemeanor

Key Points:

Most common DWI charge
Conviction based solely on BAC number
Test must be administered within 2 hours of operation
Can be challenged based on testing procedures

Penalties (First Offense):

Fine: $500-$1,000
Jail: Up to 1 year
License Revocation: Minimum 6 months
Surcharge: $395
Ignition Interlock Device: Minimum 6-12 months
Possible probation: Up to 3 years
NYS Driver Responsibility Assessment: $250/year for 3 years

4. Aggravated Driving While Intoxicated – VTL § 1192(2-a)

Definition: Operating a motor vehicle with a BAC of 0.18% or higher

Evidence Required: Chemical test showing BAC of 0.18% or more

Classification: Unclassified misdemeanor (with enhanced penalties compared to standard DWI)

Key Points:

Enhanced penalties for high BAC
Prosecutors rarely reduce these charges
Mandatory ignition interlock device
Often indicates serious drinking problem in court’s eyes

Penalties (First Offense):

Fine: $1,000-$2,500
Jail: Up to 1 year
License Revocation: Minimum 1 year
Surcharge: $395
Ignition Interlock Device: Minimum 12 months
Probation: Common, up to 3 years
Driver Responsibility Assessment: $250/year for 3 years

5. Driving While Ability Impaired by Drugs (DWAI/Drug) – VTL § 1192(4)

Definition: Operating a motor vehicle while impaired by any drug (legal or illegal)

Classification: Unclassified misdemeanor

Key Points:

Applies to illegal drugs, prescription medications, and over-the-counter drugs
No specific measurement like BAC for alcohol
Drug Recognition Expert (DRE) evaluation often used
Includes marijuana, opioids, sedatives, stimulants

Penalties (First Offense):

Fine: $500-$1,000
Jail: Up to 1 year
License Revocation: Minimum 6 months
Surcharge: $395
Possible probation: Up to 3 years

6. Driving While Ability Impaired by Combination (DWAI/Combination) – VTL § 1192(4-a)

Definition: Operating while impaired by the combined influence of alcohol and drugs

Classification: Unclassified misdemeanor

Key Points:

Alcohol and drug levels may each be below DWI thresholds individually
Combined effect creates impairment
Increasingly common charge
Can include legal prescription medications with small amounts of alcohol

Penalties (First Offense):

Fine: $500-$1,000
Jail: Up to 1 year
License Revocation: Minimum 6 months
Surcharge: $395
Ignition Interlock Device: Possible

7. Commercial DWI

Definition: Operating a commercial vehicle with BAC of 0.04% or higher, OR operating any vehicle with BAC of 0.08% or higher while holding a CDL

Key Points:

0.04% BAC limit applies only when operating a commercial vehicle
0.08% BAC limit applies when CDL holder operates personal vehicle
However, any DWI conviction (even in personal vehicle) affects CDL status
First offense results in 1-year CDL disqualification
Second offense results in LIFETIME CDL disqualification
Career-ending consequences for professional drivers

Penalties and Consequences

First Offense DWI Penalties

Charge Type	Fine	Jail Time	License	Surcharges	Total Cost
DWAI	$300-$500	Up to 15 days	90-day suspension	$260	$560-$760
DWI	$500-$1,000	Up to 1 year	6-month revocation	$395 + $750 assessment	$1,645-$2,145
Aggravated DWI	$1,000-$2,500	Up to 1 year	1-year revocation	$395 + $750 assessment	$2,145-$3,645

Additional First Offense Consequences:

Mandatory alcohol screening/assessment
Victim Impact Panel attendance
Possible enrollment in Impaired Driver Program (IDP)
Ignition Interlock Device installation and monitoring fees ($1,200-$1,800/year)
Increased insurance rates (80-100% increase for 3-5 years)
Criminal record (except DWAI traffic violation)

Second Offense DWI Penalties (Within 10 Years)

A second DWI within 10 years is significantly more serious:

Classification: Class E Felony

Penalties:

Fine: $1,000-$5,000
Jail/Prison: Up to 4 years
License Revocation: Minimum 1 year (often 18 months)
Ignition Interlock: Minimum 12 months
Probation: Up to 5 years
Permanent criminal record
Loss of certain civil rights (gun ownership, voting while incarcerated)

Key Differences from First Offense:

Felony conviction appears on all background checks
Professional licenses may be suspended or revoked
Employment consequences much more severe
Jail time becomes far more likely
Immigration consequences for non-citizens

Third Offense DWI Penalties (Within 10 Years)

Classification: Class D Felony

Penalties:

Fine: $2,000-$10,000
Prison: Up to 7 years
License Revocation: Minimum 18 months (often permanent)
Ignition Interlock: Required
Probation: Up to 5 years
Permanent felony record

Additional Consequences:

Vehicle forfeiture possible
Permanent license revocation possible after 3+ offenses
Waiver request permitted after 5 years

Multiple Offenses Within 15 Years (Vince’s Law)

Three or more DWI convictions within 15 years can result in:

Enhanced Class D Felony charges (VTL § 1193(1)(c)(ii-a))
Mandatory minimum prison sentences
Fine: $2,000-$10,000
Prison: Up to 7 years
License revocation: Minimum 18 months

DMV Administrative Penalties for Multiple Offenses Within 25 Years

While criminal penalties are based on convictions within 10-15 years, the DMV has a longer lookback period:

Three or more alcohol-related convictions or refusals within 25 years triggers:

“5 and 5” penalty: 5-year license revocation followed by 5-year ignition interlock requirement
No eligibility for conditional license during revocation
No eligibility for post-conviction conditional license
Possible permanent license revocation depending on driving record

Important: These are DMV administrative penalties separate from criminal court penalties. Even if criminal charges result in lesser penalties, DMV can still impose these enhanced license restrictions based on the 25-year lookback.

The DWI Arrest Process

Understanding what happens during a DWI arrest can help you protect your rights and make informed decisions.

Step 1: The Traffic Stop

Why You Were Stopped: Police must have reasonable suspicion to pull you over. Common reasons include:

Traffic violations (speeding, running red light, broken taillight)
Erratic driving (weaving, drifting, sudden stops)
Accident
DWI checkpoint (must follow constitutional procedures)

Your Rights During the Stop:

You must provide license, registration, and insurance
You should be polite and cooperative
You do NOT have to answer incriminating questions
You do NOT have to perform field sobriety tests

What Police Are Observing:

Your driving pattern before the stop
How you respond to police signals
Your demeanor when approached
Odor of alcohol
Appearance (bloodshot eyes, flushed face)
Speech patterns (slurred, confused)
Physical coordination
Any admission of drinking

Step 2: Field Investigation

Officer Questions: Police will typically ask:

“Have you been drinking tonight?”
“How much have you had to drink?”
“When was your last drink?”
“Where are you coming from?”

Your Right to Remain Silent: You are not required to answer these questions. A polite response: “I’d prefer not to answer questions without an attorney present” is within your rights.

Field Sobriety Tests (FSTs): The officer will likely ask you to perform physical tests:

Horizontal Gaze Nystagmus (HGN) – following a pen with your eyes
Walk-and-Turn Test
One-Leg Stand Test

Important: Field sobriety tests are VOLUNTARY in New York. You can politely decline without legal penalty.

Step 3: Preliminary Breath Test (PBT)

What It Is: A portable breathalyzer device used roadside.

Important Points:

Results are NOT admissible in court as proof of BAC
Used only to establish probable cause for arrest
You can refuse without penalty (unlike post-arrest chemical test)
Refusal may give officer additional reason to arrest based on totality of circumstances

Step 4: Arrest Decision

If the officer has probable cause (based on your performance on FSTs, observations, PBT results, or other factors), you will be arrested and transported to the police station.

What Happens:

You’ll be handcuffed and placed in patrol car
Your vehicle will be impounded (fees: $150-$400+)
You’ll be transported to the police station or county jail
You’ll be read your Miranda rights

Step 5: Chemical Testing at the Station

Implied Consent Law: By driving in New York, you’ve given “implied consent” to chemical testing. The officer will read you the chemical test warnings explaining:

Refusal to take the test will result in license revocation
Refusal can be used against you in court
You have the right to speak with an attorney (but only for a reasonable time)

Test Options:

Breath Test (Most Common): Breathalyzer/Intoxilyzer machine at station
Blood Test: Requires trained medical personnel
Urine Test: Rarely used, least reliable

Should You Take the Test? This is a complex decision. Refusing creates:

Automatic 1-year license revocation (18 months for CDL holders)
Refusal can be used as evidence of guilt at trial
$500 civil penalty
But eliminates direct BAC evidence against you

Step 6: Processing and Booking

At the Station:

Personal information recorded
Fingerprinted (if felony or prior convictions)
Photographed (“mug shot”)
Property inventory
Paperwork completed

How Long You’re Held:

Until you’re sober enough to be released (usually 4-8 hours)
OR until arraignment (within 24-48 hours)
Bail may be required depending on circumstances

What You’ll Receive:

Tickets/Desk Appearance Ticket with court date
Temporary license (if you took chemical test)
License suspension notice (if you refused)
Miranda warnings and chemical test refusal form (if applicable)

Step 7: Release and Aftermath

Getting Home:

You cannot drive (you’re intoxicated and may have no license)
Call a friend or family member
Arrange for vehicle towing/pickup
Get documentation from police about where vehicle is stored

Immediate Actions Required:

Contact a DWI attorney IMMEDIATELY (within 24-48 hours)
DMV automatically schedules refusal hearing if you refused (you’ll be notified at arraignment)
Document everything you remember about the arrest
Preserve any evidence (receipts, witness information, photos)
Do NOT discuss your case on social media or with anyone except your attorney

Field Sobriety Tests

Field sobriety tests (FSTs) are physical and cognitive tests administered by police during a DWI investigation. Understanding these tests and their limitations is critical to your defense.

Are Field Sobriety Tests Required?

NO. In New York State, field sobriety tests are completely voluntary. You can politely decline without legal penalty. However, officers rarely explain this, and most people comply thinking they must.

Considerations for Declining:

Refusal cannot be used against you in court
Tests are subjective and designed for failure
Medical conditions and environmental factors affect performance
You have the right to refuse

If you choose to decline, be polite: “Officer, I’d prefer not to perform any field tests. I’d like to speak with an attorney.”

Standardized Field Sobriety Tests (SFSTs)

The National Highway Traffic Safety Administration (NHTSA) has approved three “standardized” tests. For results to be reliable, they must be administered exactly according to NHTSA protocols—which rarely happens.

1. Horizontal Gaze Nystagmus (HGN) Test

What It Is: The officer holds a pen or finger 12-15 inches from your face and moves it horizontally. You’re instructed to follow it with your eyes without moving your head.

What They’re Looking For:

Inability to follow the object smoothly (jerking eye movements)
Nystagmus (involuntary eye jerking) when eyes are at maximum deviation
Nystagmus beginning before 45-degree angle

Problems with HGN:

Requires precise administration (rarely done correctly)
Many medical conditions cause nystagmus (inner ear problems, neurological conditions)
Medications can cause nystagmus
Eye fatigue, contact lenses, and eye injuries affect results
Natural nystagmus occurs in some people even when sober
Difficult to observe accurately in poor lighting or weather

2. Walk-and-Turn Test (Divided Attention Test)

What It Is: You’re instructed to walk heel-to-toe along a straight line for 9 steps, turn in a specific way, and walk back 9 steps.

Instruction Phase: You must stand with one foot in front of the other and maintain balance while listening to instructions.

Walking Phase:

Take 9 heel-to-toe steps
Keep arms at sides
Watch your feet
Count out loud
Turn by taking small steps with one foot while keeping other foot planted

What They’re Looking For (8 “Clues”):

Cannot keep balance during instructions
Starts before instructions are finished
Stops while walking
Doesn’t touch heel-to-toe
Steps off the line
Uses arms for balance (raising more than 6 inches)
Improper turn
Wrong number of steps

Problems with Walk-and-Turn:

Requires a straight line (often none exists)
Uneven pavement, gravel, grass make it impossible
Weather conditions (rain, snow, wind) affect performance
Footwear matters (heels, boots, dress shoes)
People over 65, overweight individuals, and those with injuries have difficulty
Test is complex and unnatural—sober people fail regularly
Officer’s subjective scoring
Back, leg, knee, ankle, or foot problems affect performance

3. One-Leg Stand Test

What It Is: You’re instructed to stand on one leg with the other foot approximately 6 inches off the ground, arms at sides, looking at the raised foot, and counting out loud by thousands (one-thousand-one, one-thousand-two) for 30 seconds.

What They’re Looking For (4 “Clues”):

Swaying while balancing
Using arms for balance (raising more than 6 inches)
Hopping to maintain balance
Putting foot down before 30 seconds

Problems with One-Leg Stand:

Requires good balance (many sober people cannot do this)
Age, weight, and injuries affect performance
Inner ear problems make it impossible
Weather and environmental conditions
Footwear significantly impacts performance
Natural balance varies dramatically among individuals
Test has poor scientific reliability
30 seconds is a very long time to balance on one leg

Non-Standardized Tests

Some officers use non-standardized tests that have no scientific validity:

Finger-to-nose test
Reciting the alphabet
Counting backward
Finger count test
Romberg balance test (stand with eyes closed)

These tests have NO scientific basis and are not approved by NHTSA. Their results should be challenged in court.

Medical Conditions That Affect FSTs

Many legitimate medical conditions make field sobriety tests impossible to perform even when completely sober:

Back, neck, or spinal injuries
Knee, ankle, or leg injuries
Inner ear problems or vertigo
Neurological conditions (MS, Parkinson’s, epilepsy)
Vision problems or lazy eye
GERD or acid reflux (affects chemical tests)
Diabetes
Obesity
Anxiety or panic disorders
Age (over 65)
Fatigue

If you have any medical condition, inform the officer and your attorney.

Environmental Factors

Field sobriety tests are often administered in terrible conditions:

Dark (nighttime testing with only headlights or flashlight)
Uneven pavement or gravel
Inclined surface
Wet or icy conditions
Wind, rain, or snow
Near highway traffic (scary and distracting)
Inadequate lighting
Extreme heat or cold

These conditions make tests unreliable for even sober individuals.

The Bottom Line on Field Sobriety Tests

You have the right to refuse – They are voluntary
They are subjective – Officer interprets your performance
They are designed to make you fail – “Clues” are unavoidable
Sober people fail – Studies show high false-positive rates
They cannot prove your BAC – Only chemical tests measure alcohol
You will likely be arrested anyway – Refusal doesn’t prevent arrest if officer has other evidence
Consult with an attorney – If you’ve performed FSTs, an experienced DWI attorney can challenge the results

Chemical Testing: Your Rights and Options

Chemical testing is the most critical decision you’ll face during a DWI arrest. Understanding New York’s Implied Consent Law and your options is essential.

New York’s Implied Consent Law

By operating a motor vehicle in New York, you’ve given “implied consent” to submit to chemical testing if lawfully arrested for DWI. This doesn’t mean you MUST take the test—it means refusal carries separate penalties.

What You Consent To:

Breath test (most common)
Blood test
Urine test (rarely used)

When Testing Applies:

After lawful arrest for DWI
When officer has probable cause
Test must be administered within 2 hours of operation

Chemical Test Refusal Warnings

Before testing, the officer must read you specific warnings explaining:

Your obligation under the Implied Consent Law
Refusal will result in revocation of your license
Refusal can be used against you in criminal prosecution
You have the right to consult with an attorney, but only for a reasonable period
The test must be taken within 2 hours

The officer must give you a reasonable opportunity to contact an attorney (typically 20-30 minutes). If police deny this right, the test may be suppressed.

The Difficult Choice: Take the Test or Refuse?

This is one of the most important decisions in your case, and there’s no single right answer. Consider these factors:

Reasons to TAKE the Chemical Test

If You Had Very Little to Drink:

If you had 1-2 drinks and feel sober, your BAC may be under 0.08%
A low BAC reading helps your defense
Chemical test refusal loses you the opportunity to prove you weren’t intoxicated

To Avoid Automatic Refusal Penalties:

1-year license revocation (vs. 6 months for DWI conviction)
18-month revocation for CDL holders
$500 civil penalty
Refusal can be mentioned at trial

Professional License Holders:

Doctors, lawyers, nurses, teachers, and other licensed professionals
Refusal may look worse to licensing boards
Demonstrates non-cooperation with law enforcement

Prior DWI Conviction:

If you have a prior DWI, refusal penalties are even harsher
Prior conviction may make negotiation difficult regardless of BAC

Reasons to REFUSE the Chemical Test

If You Know You’re Over the Limit:

BAC of 0.15% or higher creates very strong evidence against you
Without BAC evidence, prosecution must prove intoxication through observations alone
No number for jury to see

To Eliminate “Per Se” DWI Charge:

VTL § 1192(2) requires BAC evidence
Without chemical test, prosecution limited to § 1192(3) (common law DWI)
Removes “objective” evidence of intoxication

If You’re Close to Borderline:

If you think you’re right around 0.08%, factors may push you over:
- Time between drinking and testing (BAC rises for 30-90 minutes after last drink)
- Breathalyzer can read high due to mouth alcohol, GERD, or calibration issues
- Better to deny prosecution the evidence than risk a high reading

If You Have Nothing to Lose:

If you’ll lose your license anyway (prior DWI, commercial driver, etc.)
If prosecution case is weak without BAC

Types of Chemical Tests

Breath Test (Breathalyzer/Intoxilyzer)

Most Common Test – Administered at police station or jail.

How It Works:

You blow into a machine that measures alcohol in your breath
Result displayed as BAC percentage
Two samples usually taken to ensure consistency

Advantages (for you):

Less invasive than blood test
Results available immediately
Can challenge machine calibration and maintenance

Disadvantages:

Can be fooled by mouth alcohol (recent drinking, GERD, burping)
Machine errors are common
Requires proper observation period (20 minutes)
Dental work and medical conditions affect results

Legal Challenges:

Calibration and maintenance records (must meet state requirements)
Maintenance logs and service history
Operator training and certification
15-minute observation period compliance
Mouth alcohol from GERD, acid reflux, dental work
Improper administration

Blood Test

How It Works:

Blood drawn by qualified medical personnel
Sample sent to laboratory for analysis
Most accurate measurement of BAC

When Used:

You’re unconscious or unable to provide breath sample
Suspected drug impairment
Serious accident with injuries
You request blood test instead of breath

Advantages (for you):

Can request independent testing of same sample
Laboratory results take weeks (delays case)
More scientific, may help if results are low

Disadvantages:

Most accurate test (hardest to challenge)
More invasive
Results are compelling evidence

Legal Challenges:

Chain of custody (who handled sample and when)
Blood draw procedures (sterile equipment, qualified personnel)
Laboratory analysis protocols
Sample preservation (anticoagulants and preservatives)
Timing of test (when was blood drawn relative to driving?)
Fermentation of sample

Urine Test

Rarely Used – Least reliable and least common.

Problems:

Cannot determine BAC at time of driving
Shows recent alcohol use but not current impairment
Easily challenged in court

Refusal Consequences

If you refuse chemical testing, immediate consequences include:

Administrative (DMV) Penalties:

1-year license revocation (first refusal)
18 months for commercial drivers
18-month revocation (second refusal within 5 years)
Permanent revocation possible for multiple refusals
Refusal hearing automatically scheduled by DMV

Criminal Case Impact:

Prosecutor can mention refusal at trial
Jury instruction that refusal is “consciousness of guilt”
Eliminates VTL § 1192(2) per se DWI charge
Case proceeds under VTL § 1192(3) based on observations

Civil Penalty:

$500 fine (separate from criminal case)

DMV Refusal Hearing

You have the right to challenge your refusal revocation at a DMV hearing. DMV automatically schedules this hearing and you’ll be notified at your arraignment. DMV must hold the hearing within 15 days of your refusal, or the suspension will be lifted until the hearing occurs.

What DMV Must Prove:

Police had reasonable grounds to believe you were driving while intoxicated
You were lawfully arrested
You refused to submit to chemical test after being warned of consequences

What You Can Challenge:

Whether you actually refused (ambiguous statements or behavior)
Whether warnings were properly given
Whether you were given reasonable opportunity to contact attorney
Whether you were physically unable to provide sample

Winning a refusal hearing restores your license even if criminal case proceeds.

Independent Testing

You have the right to arrange for your own independent chemical test at your own expense. This must be done promptly (within a few hours of arrest).

Practical Problems:

You’re in custody and can’t arrange testing yourself
Must find willing medical provider quickly
Results may not be admissible if too much time passes
Expensive

Most people cannot realistically obtain independent testing.

License Suspension and DMV Proceedings

A DWI arrest triggers TWO separate legal proceedings: criminal court (handled by the District Attorney) and DMV administrative proceedings (separate from your criminal case). Both can result in license suspension or revocation.

Understanding the Two Proceedings

Criminal Court Case:

Prosecuted by District Attorney
Determines criminal guilt or innocence
Results in fines, jail, probation, or dismissal
Criminal defense attorney represents you

DMV Administrative Proceedings:

Separate civil proceeding
Only addresses license status
Can result in license revocation even if you win criminal case

You need to defend BOTH proceedings. Winning one doesn’t automatically win the other.

Immediate License Actions After Arrest

If You Took the Chemical Test and Failed (BAC 0.08%+)

At Arraignment (First Court Appearance):

Your physical license will be taken by the court
Your license will be suspended pending prosecution (pre-conviction suspension)
You receive NO driving privileges for the first 30 days

First 30 Days – Hardship Privilege Only:

The ONLY driving privilege available during the first 30 days is a “hardship privilege” from the judge
This requires a hearing where you must prove extreme hardship
The judge has discretion to grant or deny
If granted, it’s very limited – typically only allows driving:
- Between home and work
- During specified times only
- No other purposes

After 30 Days – Pre-Conviction Conditional License:

After 30 days have passed, you may apply for a pre-conviction conditional license
Requirements:
- Pay application fee ($75)
- Fill out DMV application
- No prior DWI conviction and revocation within the last 5 years
- Meet other DMV eligibility requirements
You do NOT need to enroll in Impaired Driver Program (IDP) for pre-conviction conditional license
If approved, allows driving for work, school, medical care, and court-ordered programs
Much broader than hardship privilege

Post-Conviction Conditional License (If Convicted):

If you’re convicted and your license is revoked, a different conditional license may be available
Post-conviction conditional license DOES require enrollment in Impaired Driver Program (IDP)
Must complete IDP classes to maintain post-conviction conditional license
Allows similar driving purposes as pre-conviction license

If Convicted:

Separate DMV revocation begins AFTER criminal case ends
Pre-conviction suspension time does NOT count toward revocation period

If You Refused Chemical Test

Immediate Suspension:

License confiscated at arrest
Temporary license issued valid until refusal hearing
DMV automatically schedules a refusal hearing (you’ll be notified at arraignment)
DMV must hold the hearing within 15 days of the refusal, or suspension is lifted until hearing occurs

Refusal Hearing:

Administrative hearing before DMV judge
Separate from criminal case
DMV must prove: (1) lawful arrest, (2) probable cause, (3) proper warnings given, (4) actual refusal
If you lose: 1-year revocation (18 months for CDL)
If you win: License restored (but criminal case continues)

Types of License Actions

Suspension vs. Revocation:

Suspension: Temporary removal of driving privileges

Fixed time period
License automatically restored when period ends (after paying fees)
Examples: Pre-conviction suspension, administrative suspension

Revocation: Termination of driving privileges

No automatic restoration
Must reapply for new license after revocation period
Pass written and road tests again
Pay application and restoration fees
Examples: DWI conviction, chemical test refusal

Hardship/Conditional License

A conditional license allows limited driving privileges during suspension or revocation.

Eligibility Requirements:

Enrolled in Impaired Driver Program (IDP)
No chemical test refusal
Not multiple DWI offenses within 5 years
Pay application fee ($75)
Meet DMV requirements

What You Can Drive For:

Travel to and from work
Travel to and from school
Travel to and from IDP classes
Medical care for you or family members
Court-ordered programs

What You CANNOT Drive For:

Personal errands
Social activities
Shopping
Recreational purposes

Important: Violating conditional license restrictions results in immediate revocation and additional criminal charges.

Post-Conviction License Restoration

After completing your revocation period, you must take specific steps to restore your license:

Requirements:

Complete revocation period
Pay DMV restoration fee ($50-$100)
Pay NYS Driver Responsibility Assessment ($250/year for 3 years = $750 total)
Complete required alcohol program
Re-take written test (for long revocations)
Re-take road test (for long revocations)
Show proof of insurance (SR-22 filing)
Install ignition interlock device (if required)

Total Cost to Restore License: $1,000-$2,000+

Ignition Interlock Device (IID)

New York requires ignition interlock devices for most DWI convictions.

What It Is:

Device installed in your vehicle
You must blow into it before car starts
Random rolling tests while driving
Records all attempts and results
Costs $100-$150/month for installation and monitoring

Who Must Install:

All first-time DWI convictions (minimum 6-12 months)
All repeat offenders (longer periods)
Conditional license holders
Some plea agreements require it

How It Works:

Blow into device before starting car
Must provide breath sample below 0.025% BAC
Random retests while driving (you have minutes to pull over safely)
Failed test or missed retest triggers alarm and is reported to DMV
Violations can result in additional penalties

Consequences of Violations:

License re-revoked
IID period extended
Additional criminal charges possible
Must explain violations to court

Leandra’s Law: DWI with Child Passengers

Leandra’s Law, passed in 2009 and named after 11-year-old Leandra Rosado who was killed in a DWI crash, imposes severe penalties for DWI when a child under 16 is in the vehicle.

Automatic Felony Charge

VTL § 1192(2-a)(b) – Aggravated DWI with Child

If you’re arrested for DWI with a child under 16 in your vehicle, you face:

Classification: Class E Felony (even for first offense)

Penalties:

Prison: Up to 4 years
Fine: $1,000-$5,000
License Revocation: Minimum 1 year
Probation: Up to 5 years
Ignition Interlock: Required
Permanent felony record

This applies to:

Any DWI charge (DWAI, DWI, Aggravated DWI)
First-time offenders (no prior record needed)
Parents, relatives, babysitters, or anyone driving with a child
All children under 16, regardless of relationship

Child Protective Services Investigation

A Leandra’s Law arrest automatically triggers:

Child Protective Services (CPS) investigation
Potential removal of children from home
Family court proceedings separate from criminal case
Possible impact on custody and visitation rights

Even if criminal charges are resolved favorably, CPS involvement can continue.

Additional Consequences

Criminal Record Impact:

Felony conviction (not just misdemeanor)
Affects employment, housing, professional licenses
Loss of gun ownership rights
Immigration consequences for non-citizens

Mandatory Conditions:

Ignition interlock device in all vehicles you own or operate
Alcohol evaluation and treatment
Parenting classes
Probation supervision

Defense Strategy for Leandra’s Law Cases

These cases require immediate, aggressive defense:

Challenge whether child was actually in vehicle
Negotiate early to avoid felony conviction
Minimize CPS involvement
Protect parental rights in family court
Work with family law attorney simultaneously

Do not face Leandra’s Law charges without experienced legal counsel. The stakes are too high.

Common DWI Defenses

An experienced DWI attorney has numerous strategies to defend your case. The best defense depends on the specific facts, but these are the most common and effective approaches.

1. Challenging the Traffic Stop

The Fourth Amendment Issue: The Fourth Amendment protects you from unreasonable searches and seizures. Police must have reasonable suspicion to stop your vehicle.

Invalid Stop Reasons:

“Anonymous tip” without corroboration
Hunch or profile
Driving in bar area late at night
Out-of-state plates
Driving very slowly (without other violations)

Valid Stop Reasons:

Traffic violation (speeding, signal violation, equipment violation)
Erratic driving (weaving, drifting, unusual speed changes)
Accident
Properly conducted DWI checkpoint

If the Stop Was Illegal: All evidence obtained after the illegal stop gets suppressed (thrown out), including:

Field sobriety test results
Chemical test results
Your statements
Officer observations

Result: Case dismissed.

2. Challenging Field Sobriety Tests

Reasons FSTs Can Be Challenged:

Improper Administration:

Officer didn’t follow NHTSA standardized procedures
Instructions unclear or incomplete
Tests done in poor conditions (dark, uneven surface, bad weather)
Officer not properly trained

Medical Conditions:

Back, knee, leg, or ankle injuries
Inner ear problems or vertigo
Neurological conditions
Vision problems
Obesity or age
Medications affecting balance

Environmental Factors:

Uneven pavement or gravel
Inclined surface
Wet, icy, or slippery conditions
Poor lighting
Heavy traffic nearby
Extreme weather (heat, cold, wind, rain)

Subjective Scoring:

Officer’s interpretation is subjective
Video evidence may contradict officer’s report
No objective measurement of “failure”

Strategy: Demonstrate that poor FST performance was due to factors other than intoxication.

3. Challenging Breathalyzer Results

Breathalyzer tests seem scientific but have many vulnerabilities:

Machine Calibration Issues:

Must be properly calibrated and maintained according to New York State regulations
Maintenance logs must be complete and accurate
New York Court of Appeals has established calibration requirements (six-month rule in case law)
Any gaps or deficiencies in calibration records can invalidate results
Different devices have different calibration schedules (some annually)

15-Minute Observation Period Violation:

Officer must observe you continuously for at least 15 minutes before testing
No eating, drinking, smoking, burping, or vomiting
Ensures no mouth alcohol contaminates sample
Officers often fail to wait full 15 minutes

Mouth Alcohol:

Recent drinking (within 15 minutes)
GERD or acid reflux brings stomach alcohol to mouth
Dental work traps alcohol
Dentures or bridgework
Results in falsely high BAC reading

Medical Conditions:

Diabetes (ketones mimic alcohol)
GERD/acid reflux
Hypoglycemia
Low-carb diets (ketosis)

Operator Error:

Improper technique
Contaminated mouthpiece
Not clearing machine properly between tests
Officer not properly trained or certified

Radio Frequency Interference (RFI):

Police radios, cell phones, or other electronic devices
Can cause false high readings
Must maintain RFI-free environment during testing

Strategy: Subpoena all calibration records, maintenance logs, and training certifications. Many cases are won by exposing breathalyzer unreliability.

4. Challenging Blood Test Results

While blood tests are more accurate than breath tests, they still have vulnerabilities:

Chain of Custody Issues:

Who handled the sample at each step?
Was it properly labeled and sealed?
Can prosecution account for sample location at all times?
Any break in chain makes results unreliable

Blood Draw Procedure Violations:

Must be drawn by qualified medical personnel
Must use sterile equipment
Must use non-alcohol swab (isopropyl alcohol can contaminate)
Improper technique can cause hemolysis (broken blood cells)

Laboratory Analysis Problems:

Was analysis performed according to protocols?
Laboratory certification and accreditation current?
Analyst properly trained and certified?
Quality control measures followed?

Sample Preservation:

Must contain anticoagulants to prevent clotting
Must contain preservatives to prevent fermentation
Improper storage can cause alcohol to develop in sample
Temperature control critical

Timing Issues:

When was blood drawn relative to when you were driving?
BAC continues to rise for 30-90 minutes after last drink
You may have been under 0.08% while driving but over by time blood was drawn

Strategy: Challenge every step from draw to analysis. Laboratory errors are common.

5. Rising Blood Alcohol Defense

The Science: Your BAC continues to rise for 30-90 minutes after your last drink as alcohol is absorbed from your stomach into your bloodstream.

The Defense: You may have been UNDER 0.08% while driving but OVER 0.08% by the time you were tested 30-60 minutes later.

When This Applies:

You had your last drink shortly before driving
You were stopped quickly after leaving bar/party
Significant time passed between stop and testing
Your BAC was close to 0.08% (like 0.09% or 0.10%)

Expert Testimony: A toxicologist can perform retrograde extrapolation to calculate what your BAC likely was at the time you were actually driving.

Strategy: Show you were legal while driving even though you tested over the limit later.

6. Improper Police Procedures

Miranda Rights Violations:

If you were questioned in custody without Miranda warnings
Statements you made can be suppressed
Doesn’t dismiss case but weakens prosecution

Illegal Search:

If police searched your car without consent or probable cause
Evidence found can be suppressed

Coerced Statements:

If police used threats, promises, or coercion
Statements are inadmissible

Denial of Right to Attorney:

Before chemical testing, you have right to contact attorney
If police denied this right or gave inadequate time
Test results may be suppressed

Strategy: File motion to suppress evidence obtained through constitutional violations.

7. No Probable Cause for Arrest

Police need probable cause to arrest you for DWI. Probable cause requires more than reasonable suspicion.

Insufficient for Probable Cause:

Odor of alcohol alone
Admission of drinking (drinking is legal)
Poor performance on one field test
Nervousness or anxiety
Bloodshot eyes (many causes)

Probable Cause Requires:

Totality of circumstances
Multiple indicators of intoxication
Observable impairment beyond mere presence of alcohol

Strategy: Argue facts don’t support probable cause. Without lawful arrest, all evidence suppressed.

8. You Weren’t Driving

The “Operation” Requirement: Prosecution must prove you were operating the vehicle while intoxicated.

Defense Scenarios:

Keys were not in ignition
Engine was not running
You were sleeping it off in parked car
Someone else was driving
You moved car after drinking stopped (to parking spot, out of roadway, etc.)

Lack of Witnesses:

No one saw you driving
Officer arrived after you were already stopped
You were found asleep in parked car

Post-Driving Drinking:

You drank AFTER driving but before police arrived
Common in accident cases where driver is shaken and drinks to calm nerves
Explains alcohol smell and impairment but doesn’t mean you drove while intoxicated

Strategy: Challenge prosecution’s proof that you were operating while intoxicated.

9. Necessity Defense

In rare circumstances, you may argue you had to drive while intoxicated to prevent greater harm.

Requirements:

Emergency situation (medical emergency, fleeing danger)
No reasonable alternative
Harm avoided greater than harm caused (DWI)
You didn’t create the emergency

Example Scenarios:

Driving intoxicated person to hospital for overdose
Fleeing immediate threat of violence
Emergency medical situation

Rarely Successful: Courts apply this very narrowly, but it can work in extreme circumstances.

10. Involuntary Intoxication

The Defense: You didn’t know you were consuming alcohol or were forced to consume it.

Scenarios:

Drinks were spiked without your knowledge
Medication interaction you weren’t warned about
Someone forced you to drink (rare)

Very Difficult to Prove: Requires strong evidence you truly didn’t know.

What to Do If You’re Arrested for DWI

The actions you take immediately after arrest can significantly impact your case outcome.

During the Arrest

DO:

Be polite and respectful to officers
Provide license, registration, and insurance
Ask for an attorney before answering questions
Remember details about the stop and arrest
Note environmental conditions, witnesses, time
Note what tests you performed and how

DON’T:

Argue with police or become confrontational
Answer incriminating questions (“How much did you drink?”)
Volunteer information beyond what’s required
Admit to drinking (or lie about it)
Consent to searches of your vehicle
Discuss your case with anyone except your attorney

Immediately After Release

Within 24 Hours:

Contact an experienced DWI attorney IMMEDIATELY
- Time is critical for evidence preservation
- Attorney can begin building defense right away
- Early action can prevent mistakes
Document everything while memory is fresh
- What you ate and drank (amounts, timing)
- Where you were and when
- How you felt (tired, sick, anxious?)
- Medical conditions or medications
- Field sobriety test conditions (weather, lighting, surface)
- Officer’s statements and behavior
- Any witnesses present
Preserve evidence
- Receipts from bar/restaurant with timestamps
- Credit card statements showing purchases and times
- Witness contact information
- Photos of arrest location (lighting, road conditions, surface)
- Medical records if you have conditions affecting tests
DMV Refusal Hearing (if you refused testing)
- DMV automatically schedules this hearing – you’ll be notified at arraignment
- DMV must hold hearing within 15 days of refusal, or suspension is lifted
- Attorney can represent you at this hearing

Within 1 Week:

Retrieve your vehicle from impound
- Contact towing company
- Pay impound fees promptly (they add up daily)
- Document any damage
Arrange transportation
- Your license will be suspended
- Plan for work, appointments, court dates
- Investigate conditional license eligibility
Notify necessary parties (carefully)
- Employer if required (commercial drivers, security clearances)
- Insurance company (be careful what you say)
- Professional licensing boards if required
- Consult attorney before making notifications

What NOT to Do:

❌ Don’t discuss your case on social media

Prosecutors monitor social media
Posts can be used against you
“I wasn’t even drunk” = admission you were drinking
Photos from that night can show intoxication

❌ Don’t discuss with anyone except your attorney

Friends and family can be subpoenaed
Admissions to others can be used in court
Well-meaning advice from non-lawyers is often wrong

❌ Don’t miss court dates

Failure to appear results in arrest warrant
Bail forfeiture
Additional criminal charges

❌ Don’t drive on suspended license

Separate criminal charge (Aggravated Unlicensed Operation)
Jail time likely
Extended suspension period
Vehicle impoundment

❌ Don’t ignore the case hoping it goes away

Deadlines are critical
Evidence disappears over time
Problems get worse, not better

Preparing for Your First Court Appearance (Arraignment)

What to Bring:

Photo ID
Any paperwork from arrest
Contact information for attorney
Bail money if needed (cash or credit card)
Phone with important contacts

What to Wear:

Business casual or better
Clean, conservative clothing
No clothing with offensive messages
Remove excessive jewelry
Cover visible tattoos if possible

What Happens:

Charges are formally read
Bail may be set or you’re released on own recognizance
Temporary Order of Protection may be issued
Next court date scheduled
Attorney can appear with you or for you

Your Behavior:

Be respectful to judge and court staff
Don’t speak unless judge asks you a question
Let your attorney do the talking
Turn off cell phone
Don’t chew gum or bring food/drinks

Building Your Defense Team

DWI Attorney:

Handles criminal case
Negotiates with prosecutors
Files motions and represents you at trial
Choose an attorney experienced in DWI defense specifically

DMV Attorney:

May be same attorney or separate
Handles refusal hearing and license issues
Represents you at DMV administrative proceedings

Expert Witnesses (if needed):

Toxicologist (challenges BAC evidence)
Accident reconstruction specialist
Medical experts (explain conditions affecting tests)

Frequently Asked Questions

Will I go to jail for my first DWI?

For a first-time standard DWI in New York, jail time is possible but not mandatory. The maximum sentence is one year, but most first-time offenders receive:

Conditional discharge (no jail, just conditions)
Probation (3 years common)
Fines and surcharges
License suspension
Alcohol programs

Factors increasing jail likelihood:

High BAC (0.18%+)
Accident with injuries
Child in vehicle (Leandra’s Law)
Refused chemical test
Prior criminal record
Violation of temporary order

An experienced attorney can usually negotiate to avoid jail for first offenders.

How much will a DWI cost me?

Direct Court Costs:

Attorney fees: $5,000-$10,000+ (depending upon facts and circumstances)
Fines: $500-$2,500
Court surcharges: $260-$395
DMV penalties: $250-$500
Driver Responsibility Assessment: $750 (over 3 years)

License-Related:

Ignition interlock: $1,200-$1,800/year
License reinstatement: $50-$100
Conditional license: $75

Insurance:

Rate increase: 80-100% for 3-5 years
Additional cost over 5 years: $10,000-$20,000

Programs:

Impaired Driver Program: $225
Victim Impact Panel: $50-$75
Alcohol evaluation/treatment: $500-$3,000

Other:

Towing and impound: $300-$600
Lost wages (court appearances, jail time)
Job loss (for some professions)

Total Cost of First DWI: $15,000-$30,000 over 3-5 years

Can I get my DWI reduced to a lesser charge?

Yes, charge reduction is common in DWI cases, especially for first-time offenders.

Common Reductions:

DWI → DWAI (Most Common)

Converts misdemeanor to traffic violation
No criminal record
Reduced penalties
Much less insurance impact

Aggravated DWI → Standard DWI

Still a criminal charge but less serious
Reduced fines and shorter license revocation

Felony DWI → Misdemeanor DWI

For second offenses or Leandra’s Law cases
Avoids felony conviction

Factors Affecting Reduction:

Strength of prosecution’s case
Your criminal history
BAC level
Circumstances of arrest
Quality of your attorney’s negotiation
Court jurisdiction (some courts more lenient)

An experienced DWI attorney knows how to negotiate these reductions.

How long does a DWI case take?

Typical Timeline:

Arraignment: Within 48 hours of arrest
Pre-trial conferences: 30-90 days
Motion practice: 60-120 days
Plea negotiations: Throughout process
Trial (if necessary): 6-12 months after arrest
Sentencing: 30-60 days after conviction

Most DWI cases resolve in 4-8 months through plea agreement.

Factors that extend timeline:

Complex legal issues
Expert witness testimony needed
Court backlog
Multiple adjournments
Trial required
Appeals

Factors that speed up timeline:

Strong defense (prosecution offers quick plea)
Weak prosecution case (early dismissal)
Defendant wants quick resolution
Attorney negotiates efficiently

Will I lose my professional license?

It depends on your profession and licensing board.

High-Risk Professions:

Commercial drivers (CDL): Almost certain to lose CDL for DWI
Pilots: FAA will suspend or revoke license
Physicians: State medical board review, possible suspension
Nurses: Nursing board review, may require monitoring/treatment
Lawyers: Attorney grievance committee review, possible suspension
Teachers: Education department review, may affect employment
Securities/Financial advisors: FINRA reporting required, possible termination
Government employees with security clearance: Likely to lose clearance

What to Do:

Consult with attorney about notification requirements
Some boards require self-reporting, others find out through background checks
Early enrollment in treatment programs can help
Demonstrating rehabilitation is critical
Some convictions can be negotiated to avoid triggering reporting requirements

Don’t report until consulting with attorney—timing and wording matter.

Can I refuse field sobriety tests?

Yes. Field sobriety tests are completely voluntary in New York State. You can politely decline without legal penalty.

Important Points:

Refusal cannot be used against you in court
Officer doesn’t have to tell you they’re voluntary
Most people don’t realize they can refuse
You still may be arrested based on other observations

Recommended Response: “Officer, I’d prefer not to perform any field tests. I’d like to speak with an attorney.”

This is DIFFERENT from chemical test refusal:

Chemical test refusal (breath/blood) carries license penalties
Field test refusal has no penalty
Don’t confuse the two

What’s the difference between a suspension and revocation?

Suspension:

Temporary removal of driving privileges
Definite time period (90 days, 6 months, etc.)
License automatically restored after period ends (with fees)
No need to retest

Revocation:

Termination of driving privileges
License is cancelled
Must reapply for new license after revocation period
Must retake written test and road test (for longer revocations)
Pay application fee and restoration fees
May need to attend hearings

DWI typically results in revocation, not just suspension.

Can I get a conditional/hardship license?

Possibly. Conditional licenses allow limited driving during suspension/revocation.

Eligibility Requirements:

Enrolled in Drinking Driver Program (DDP)
Did NOT refuse chemical test
Not multiple DWI offenses within 5 years
Not convicted of DWI with child passenger
Pay fees ($75)

What You Can Drive For:

Work or business
School or education
Medical appointments (yours or family)
DDP classes
Court-ordered programs
Essential household activities (in some cases)

What You CANNOT Drive For:

Social activities
Entertainment
Shopping (except essentials)
Visiting friends/family

Process:

Enroll in IDP
Attend first class
Apply at DMV with enrollment certificate
Pay fees
Receive conditional license (if approved)

Violations result in immediate revocation and criminal charges.

How will this affect my immigration status?

DWI can have serious immigration consequences for non-citizens.

Potential Impacts:

For Green Card Holders:

Single DWI misdemeanor usually won’t trigger deportation
Multiple DWIs can be grounds for deportation
Aggravated felony DWIs are deportable offenses
May affect naturalization application

For Visa Holders:

Visa renewal may be denied
May affect status adjustment applications
Can prevent re-entry to US after travel abroad

For DACA Recipients:

DWI can result in DACA termination
Bars renewal

Critical Actions:

Consult immigration attorney IMMEDIATELY
Some plea agreements avoid immigration triggers
Never plead guilty without immigration analysis
Certain dispositions are safer for non-citizens

Immigration consequences are often more severe than criminal penalties—don’t ignore this.

Can I travel to Canada with a DWI?

No, not easily. Canada considers DWI a serious criminal offense and denies entry to people with DWI convictions.

The Problem:

Canada has access to US criminal databases
DWI is equivalent to Canadian criminal offense
Border agents will deny entry

Options:

1. Temporary Resident Permit (TRP)

Allows single entry or multiple entries for specific time
Must show compelling reason for travel
Apply at border or in advance
Processing: Several months
Fees: $200 CAD

2. Criminal Rehabilitation

Permanent solution
Eligible 5 years after completion of sentence
Application required
Processing: 6-12 months
Fees: $200-$1,000 CAD

3. Wait 10 Years

After 10 years, deemed rehabilitated (for single DWI)
No application needed
Must still declare conviction at border

Plan ahead—don’t show up at Canadian border assuming you can enter.

Should I hire a lawyer for a first-time DWI?

Yes, absolutely. Here’s why:

What’s at Stake:

Jail time (up to 1 year)
Permanent criminal record
License revocation (minimum 6 months)
$15,000-$30,000 in total costs
Job loss (for many professions)
Immigration consequences (for non-citizens)

What a DWI Attorney Can Do:

Get charges reduced or dismissed
Negotiate to avoid jail time
Challenge illegal evidence
Minimize license suspension
Reduce fines and penalties
Preserve your record
Protect your career

Cost-Benefit:

Attorney fees: $2,500-$5,000 (typical)
Conviction costs: $15,000-$30,000+
Value of avoiding criminal record: Priceless

Free Consultations: Most DWI attorneys offer free consultations. Meet with an experienced attorney to understand your options before deciding.

Don’t rely on public defenders:

Often overworked and under-resourced
May lack DWI-specific experience
Usually only available if you’re indigent

The consequences are too serious to face alone.

Conclusion: Take Action Now

A DWI arrest is serious, but it’s not the end of the world. With experienced legal representation and the right strategy, many DWI charges can be reduced, dismissed, or resolved with minimal consequences.

Key Takeaways:

✅ Act immediately – Contact an attorney within 24-48 hours ✅ Preserve evidence – Document everything while memory is fresh ✅ Know your deadlines – DMV hearing scheduled automatically, court dates critical ✅ Don’t discuss your case – Except with your attorney ✅ Stay off social media – Posts can be used against you ✅ Be proactive – Enroll in programs, follow attorney’s advice ✅ Never miss court – Failure to appear makes everything worse

Remember:

You have rights—use them
The prosecution must prove their case beyond reasonable doubt
Many DWI cases have strong defenses
Most first-time offenders avoid jail
Charge reductions are common
An experienced attorney makes all the difference

If you’ve been arrested for DWI in New York, contact an experienced DWI defense attorney immediately for a free consultation. Your future depends on the actions you take today.

Contact Ed Palermo for a Free Consultation

30+ Years Defending Long Island DWI Cases | 2,000+ Clients Represented

Suffolk County Office: 1300 Veterans Memorial Highway, Suite 320 Hauppauge, NY 11788 Phone: (631) 265-1052

Nassau County Office: 1539 Franklin Ave, Suite 104 Mineola, NY 11501 Phone: (516) 280-2160

East Hampton Office: 9 Willow Lane East Hampton, NY 11937 Phone: (631) 265-1051

Text Ed Directly: (631) 903-3733

Available 24/7 – Because DWI arrests don’t only happen during business hours

About This Guide

This guide provides general information about New York State DWI law and is not legal advice. Every case is unique, and outcomes depend on specific facts and circumstances. Nothing in this guide creates an attorney-client relationship. For specific legal advice about your situation, consult with an experienced DWI defense attorney.

Last Updated: January 2026

New York DWI laws change periodically. Consult with an attorney for the most current information applicable to your case.