Award Winning & Highly Rated
I was featured as a Trailblazer by the prestigious New York Law Journal in 2019 and have a perfect 10.0 Superb rating from AVVO. I have also been voted Best Lawyer on Long Island 5 consecutive years.
There is no Lawyer fighting harder than me!
I treasure every single one of my clients and treat every case as if it were my own family member. I pride myself on fighting for the underdog and I will fight for you.
31+ Years Experience
Since graduating from Hofstra Law School in 1994, I have successfully handled more than 2,000 criminal cases ranging from minor violations to serious felonies.
24/7 Personal Accessibility
When you hire me, you get my personal cell phone number. I am available to my clients when they need me most, because I understand that legal emergencies do not happen during business hours.
Smithtown DWI Lawyer
Experienced Smithtown DWI Defense Attorney
If you have been arrested for DWI in Smithtown, you need an experienced defense attorney who understands the complexities of New York drunk driving laws and the specific procedures of the First District Court in Central Islip. As a Suffolk County DWI lawyer with over 31 years of experience, I have successfully defended hundreds of clients facing DWI charges throughout the Smithtown area, from the Jericho Turnpike corridor to the residential neighborhoods near the Nissequogue River.
Smithtown’s unique location as a major suburban hub in Suffolk County means increased police presence along major routes like the Northern State Parkway, Jericho Turnpike, and the Long Island Expressway. Whether you were stopped near the Smithtown Bull, pulled over on Main Street, or arrested at a checkpoint on the Northern State, the consequences of a DWI conviction can be severe and long-lasting.
Since graduating from Hofstra Law School in 1994, I have handled more than 2,000 criminal cases, including hundreds of DWI matters. My approach combines aggressive legal defense with personalized client service. When you hire me, you get my personal cell phone number and 24/7 accessibility.
If you have been arrested for DWI in Smithtown, time is critical. You need to act quickly to protect your driving privileges and build a strong defense. Contact me today at (631) 265-1052 for a free consultation.
Protect your rights. Protect your license. Protect your future.
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Case Results
DWI - Northern State
Dismissed
Client stopped on the Northern State Parkway in Smithtown and charged with DWI. We successfully challenged the constitutionality of the traffic stop. All evidence was suppressed and charges dismissed.
Aggravated DWI
Reduced to DWI
Client with BAC of .20% faced Aggravated DWI charges. We identified issues with the breathalyzer calibration and negotiated a plea to standard DWI with minimum penalties, avoiding enhanced sanctions.
DWI Refusal
Not Guilty
Client refused breathalyzer after a Main Street traffic stop. Despite no BAC evidence, the prosecution proceeded. We created reasonable doubt at trial and the jury returned a not guilty verdict.
Second Offense DWI
Misdemeanor Treatment
Client facing felony second offense DWI. We successfully challenged the prior conviction's validity, resulting in treatment as a first offense with probation instead of mandatory jail time.
DWI with Accident
DWAI Plea
Client involved in an accident on Route 25 and charged with DWI. We demonstrated the accident was unrelated to impairment and negotiated a plea to DWAI, a traffic violation with no criminal record.
DWI Drugs
Dismissed
Client charged with DWI based on prescription medication. We presented medical evidence that the medication was properly prescribed and did not impair driving ability. The case was dismissed.
Leandra's Law DWI
Misdemeanor
Client charged with felony DWI with child passenger. We negotiated a plea to misdemeanor DWI with probation and parenting classes, avoiding state prison and felony conviction.
Underage DWI
Violation
Driver under 21 charged with DWI. We negotiated a resolution to a traffic violation with alcohol education, avoiding a criminal record that could have affected college and career prospects.
Meet Ed Palermo
Meet Ed Palermo – Your Smithtown DWI Defense Lawyer
I am Edward Palermo, a Suffolk County criminal defense and DWI attorney with over three decades of experience protecting the rights of accused drivers throughout Long Island. Since graduating from Hofstra Law School in 1994, I have dedicated my career to defending individuals facing criminal charges, with a particular focus on DWI defense in Suffolk County.
Over the past 31 years, I have successfully handled more than 2,000 criminal cases, including hundreds of DWI matters ranging from first-time offenses to felony aggravated DWI charges. This extensive experience has given me deep insight into how prosecutors build DWI cases and, more importantly, how to effectively challenge them.
What sets my practice apart is my commitment to accessibility and personalized service. Unlike large firms where you may never speak to your attorney, I provide every client with my personal cell phone number. You can reach me directly at (631) 903-3733 when you need answers or reassurance.
My track record speaks for itself. I have been named Best Lawyer on Long Island for five consecutive years by the Long Island Press, recognized as a NY Law Journal Trailblazer, and maintain a 10.0 AVVO Rating.
When you choose me as your Smithtown DWI attorney, you get:
- Personal attention – You work directly with me, not a junior associate
- 24/7 accessibility – My cell phone is always on
- Proven results – Thousands of successful case outcomes
- Local knowledge – Deep familiarity with Suffolk County courts and prosecutors
- Aggressive defense – I fight for the best possible outcome in every case
If you are facing DWI charges in Smithtown, don’t face them alone. Let me put my experience to work for you.
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.
Online Ratings
Smithtown DWI Defense
Understanding DWI Charges in Smithtown
The Smithtown DWI Enforcement Environment
Smithtown presents a unique environment for DWI enforcement due to its suburban character, major transportation corridors, and active law enforcement presence. Located in the heart of Suffolk County, Smithtown serves as a crossroads for major routes including the Northern State Parkway, Jericho Turnpike, and the Long Island Expressway. This positioning creates specific DWI enforcement patterns that every defense attorney must understand.
The Suffolk County Police Department’s 4th Precinct maintains primary jurisdiction over Smithtown DWI enforcement. This precinct is known for aggressive patrol tactics, particularly along major corridors like Jericho Turnpike (Route 25), the Northern State Parkway, and the Long Island Expressway. During weekends, holidays, and special events, enforcement intensifies significantly.
Local enforcement patterns in Smithtown include:
- Sobriety checkpoints on Jericho Turnpike near commercial districts
- Increased patrols along Main Street and historic downtown area
- Northern State Parkway enforcement, particularly at exits 43-45
- Long Island Expressway patrols near the Smithtown rest areas
- Residential area patrols responding to community complaints
Understanding these enforcement patterns is crucial for building an effective defense. Many DWI arrests in Smithtown result from checkpoint stops or responses to minor traffic violations.
Where Smithtown DWI Cases Are Heard
All DWI arrests occurring in Smithtown are prosecuted in the First District Court in Central Islip. This court is located at:
First District Court
400 Carleton Avenue
Central Islip, NY 11722
Phone: (631) 462-3900
The First District Court handles all misdemeanor DWI matters originating in Smithtown. Felony DWI cases are transferred to Suffolk County Court in Riverhead.
Types of DWI Cases We Handle in Smithtown
Common Law DWI (VTL 1192.3)
This charge applies when an officer determines you are intoxicated based on observable signs such as slurred speech, bloodshot eyes, unsteady gait, or the odor of alcohol. No breath test is required for this charge.
Per Se DWI (VTL 1192.2)
This charge applies when your blood alcohol content (BAC) measures 0.08% or higher on a breathalyzer or blood test.
Aggravated DWI (VTL 1192.2-a)
This more serious charge applies when your BAC measures 0.18% or higher. Aggravated DWI carries enhanced penalties including mandatory jail time on a first offense. Learn more about aggravated DWI defense.
DWAI – Driving While Ability Impaired (VTL 1192.1)
This violation-level offense applies when your BAC measures between 0.05% and 0.07%, or when you show evidence of impairment regardless of BAC.
Leandra’s Law Violations
If you are arrested for DWI in Smithtown with a child under 16 in the vehicle, you face automatic felony charges under Leandra’s Law. Learn more about felony DWI defense.
Chemical Test Refusal
If you refused to submit to a breath test in Smithtown, you face automatic license revocation at a separate DMV administrative hearing. Learn more about DMV refusal hearings.
The Critical DMV Refusal Hearing
If you refused the breathalyzer during your Smithtown DWI arrest, the DMV refusal allegation can cost you your license for a minimum of one year. This is separate from your criminal case and requires immediate attention.
DWI Defense Strategies for Smithtown Cases
Illegal Stop or Checkpoint Violations
Police must have reasonable suspicion to stop your vehicle or must operate checkpoints according to strict constitutional standards.
Field Sobriety Test Challenges
Standardized field sobriety tests must be administered according to specific protocols. Officers often deviate from these protocols.
Breathalyzer Accuracy Challenges
Breath test machines require regular calibration and maintenance. We examine maintenance records and testing protocols.
Rising Blood Alcohol Defense
Alcohol takes time to absorb into your bloodstream. If you were tested some time after driving, your BAC may have been below the legal limit while you were actually operating the vehicle.
Penalties for DWI in Smithtown
First Offense DWI:
- Misdemeanor criminal record
- Fines between $500-$1,000
- License revocation for 6 months minimum
- Possible jail time up to 1 year
- Mandatory DWI education program
- Ignition interlock device requirement
Second Offense (within 10 years):
- E Class Felony
- Fines up to $5,000
- License revocation for 1 year minimum
- Mandatory jail time (5 days minimum)
Why Choose a Local Smithtown DWI Attorney
While any New York attorney can represent you in a DWI case, choosing a lawyer with specific experience in Smithtown and Suffolk County offers significant advantages:
- Familiarity with local courts – Understanding of First District Court procedures
- Knowledge of local enforcement – Awareness of 4th Precinct practices
- Relationships with prosecutors – Established credibility with Suffolk County DA’s Office
- Accessibility – Local presence for meetings and court appearances
Call (631) 265-1052 now for a free consultation
Frequently Asked Questions About Smithtown DWI Cases
Where do I go to court for a DWI arrest in Smithtown?
Smithtown DWI cases are heard at the First District Court in Central Islip, located at 400 Carleton Avenue.
What is the difference between DWI and DWAI in New York?
DWI is a criminal offense with a BAC of .08% or higher. DWAI is a traffic violation with a BAC between .05% and .07%, or evidence of impairment.
Will I lose my license if I’m arrested for DWI in Smithtown?
Your license will be suspended at arraignment. If convicted, you face 6-month revocation for first offense. Refusal can trigger 1-year revocation.
Can I get a conditional license after a Smithtown DWI arrest?
Yes, first-time offenders are typically eligible for a conditional license for work purposes after DMV hearing.
What happens if I refused the breathalyzer in Smithtown?
Refusal triggers separate DMV hearing and potential 1-year license revocation regardless of criminal case outcome.
How much does a DWI lawyer cost in Suffolk County?
Fees vary based on complexity. I offer free consultations and payment plans.
Can DWI charges be dismissed in Smithtown?
Yes, for reasons including illegal stops, constitutional violations, faulty breath tests, or prosecutorial errors.
What is Leandra’s Law and how does it affect my case?
Leandra’s Law makes DWI with child under 16 an automatic felony with serious penalties.
How long does a DWI case take in Suffolk County?
Most DWI cases take 3-6 months from arrest to resolution.
What should I do immediately after a DWI arrest in Smithtown?
Document everything, remain silent, and contact an attorney immediately.
Honors & Recognition
