DWI Defense

Facing a DWI (DUI) Charge?

Our priority is to help you preserve your driving record and privileges as well as to avoid a criminal conviction, which can seriously impact your future.

Have you been arrested for driving while intoxicated or impaired from alcohol and/or drugs? As in all states across the country, DWI in New York is a serious matter than can affect your freedom, wallet, and future. While facing a DWI conviction may seem inevitable, that is not the case. Defenses do exist that can be used to your benefit. What you will need is the knowledge held by experienced criminal defense attorneys in the who have faced the legal battleground of DWI defense.

Steve Patterson and John Ventosa lead a team of seasoned trial attorneys who are well-versed in New York States DWI laws, court procedures, and various defense strategies. Our defense attorneys will thoroughly investigate your arrest, analyzing the facts,  police procedure and conduct. This will help us create the most effective defense strategy available. We have handled thousands of criminal cases.

What Are the Types of DWI Charges in New York?

New York has several types of driving while intoxicated charges based on different scenarios of this offense:

• Aggravated DWI with a BAC of .18 percent or higher
• DWI for adults with a blood alcohol concentration (BAC) of .08 percent up to .17 percent or other evidence of intoxication
• DWI for commercial license holders with a BAC of .04 percent or more or other evidence of intoxication
• Zero Tolerance violations for those under 21 with a BAC of .02 percent or more
• Aggravated DWI with a BAC of .18 percent or higher
• DWAI/Alcohol (Driving While Ability Impaired) for adults with a BAC of .05 percent up to .07 percent
• DWAI by a single drug or combination of drugs
• Refusal to submit to a chemical test

What Are the Penalties for a DWI?

First-Offense DWI

Your penalties will vary according to the charges above. A first-offense DWI carries the administrative penalty of the loss of your license of up to six months. It also carries up to a year in jail and/or a fine ranging from $500 up to $1,000. You could also be placed under probation supervision for up to three years. Every DWI conviction in New York State comes with a one-year Ignition Interlock Device (IID) requirement, during which time you are required to install and maintain an IID in every vehicle you own or operate. During your license revocation, you may be eligible for a conditional license if you participate in a rehabilitation program. Generally, you must submit to substance abuse screening. If substance abuse treatment is recommended, you will be required to complete it.

Second and Third DWI Offenses

Second, third, and subsequent offenses within a specific time period, as well as aggravated DWI, will result in more serious consequences with longer license suspensions, steeper fines, potential felony convictions, probation, and jail or prison time. In cases where you caused a serious injury or death, felony charges will likely result. In those cases, you may face substantial prison time. If you leave the scene of an accident while driving while intoxicated, you can face multiple charges of DWI as well as charges for leaving the scene of a property damage or personal injury accident for your ”hit and run.”

In all DWI cases, you will also face mandatory surcharges and could be subjected to steeper auto insurance premiums as well.

Contact Us Today

Our firm understands the high stakes involved in any DWI arrest. Our DWI defense attorneys use their talents, skills, experience, and resources to help minimize the consequences. We know what to look for in uncovering legal and technical errors that can work in your favor.