See What Issues Could Matter in Your New York DWI Case
A DWI arrest does not automatically mean the case against you is straightforward.
Why you were stopped, what the officer observed, how field sobriety tests were conducted, your breath or blood test results, medications or medical conditions, and whether required procedures were followed can all affect your case.
Our Free New York DWI Arrest Evaluation reviews the details of your arrest to help identify:
- Possible issues with the traffic stop or investigation
- Breath, blood, or field sobriety testing concerns
- Factors that may affect how the evidence is interpreted
- Potential defense issues that may deserve closer review
- Possible license and penalty consequences
It takes about 2 minutes and is completely free.
Why Get a Free New York DWI Evaluation?
Many people see a BAC result or DWI charge and assume there is nothing left to examine. But a New York DWI case involves more than a single number.
The Traffic Stop
The reason police stopped or approached your vehicle can be important. A questionable stop or detention may affect evidence obtained afterward.
Field Sobriety Tests
Road conditions, footwear, injuries, medical conditions, instructions, and how the tests were administered may affect the significance of field sobriety test results.
Breath or Blood Testing
Breath and blood results can be important evidence, but testing procedures, equipment, timing, documentation, and other circumstances may deserve closer examination.
Refusing a Chemical Test
Refusing a chemical test can create separate driver’s-license consequences in New York. Whether proper procedures were followed can be important.
Medical, Medication, or Other Factors
Medical conditions, prescription medications, fatigue, injuries, anxiety, and other factors may sometimes help explain observations that police attributed to impairment.
You don’t need to know which of these issues applies to you. That’s what the evaluation is designed to help identify.
New York DWI Laws & Penalties
New York uses several different alcohol- and drug-related driving charges.
Driving While Ability Impaired by Alcohol (DWAI)
DWAI involves operating a vehicle while your ability to drive is impaired by alcohol.
A first alcohol-DWAI is generally a traffic infraction and can carry:
- $300 to $500 fine
- Up to 15 days in jail
- 90-day license suspension
- Additional surcharges and assessments
Driving While Intoxicated (DWI)
New York’s per se DWI limit is 0.08% BAC. A person can also be charged based on alleged intoxication even without a BAC of .08% or higher.
A first DWI is generally a misdemeanor and can include:
- $500 to $1,000 fine
- Up to 1 year in jail
- At least a 6-month license revocation
- Ignition-interlock requirements
- Additional surcharges and assessments
Aggravated DWI
A BAC of 0.18% or higher can result in an Aggravated DWI charge.
A first Aggravated DWI can include:
- $1,000 to $2,500 fine
- Up to 1 year in jail
- At least a 1-year license revocation
- Ignition-interlock requirements
New York also has enhanced DWI provisions involving driving while intoxicated or impaired by drugs with a child 15 years old or younger in the vehicle.
Repeat DWI Offenses
Prior alcohol- or drug-related driving convictions can substantially increase the consequences.
Certain repeat DWI and related offenses within the applicable lookback periods can become felony charges, with significantly higher fines and potential prison sentences.
What Happens to Your License After a New York DWI?
Your driver’s license can become an immediate concern after a DWI arrest.
A conviction for a first DWI generally results in a license revocation of at least 6 months, while a first Aggravated DWI generally carries at least a 1-year revocation. A first alcohol-DWAI generally carries a 90-day suspension.
Conditional Driving Privileges
Some drivers may qualify for conditional driving privileges depending on the offense, license status, and eligibility requirements.
A conditional license is not the same as unrestricted driving and limits when and where a person may drive.
Ignition Interlock
New York requires ignition-interlock restrictions for certain DWI convictions.
The length and exact requirements depend on the offense, sentence, and circumstances.
What If You Refused a Chemical Test?
Refusing a chemical test can result in consequences separate from the DWI case.
For a first refusal, a driver’s license can generally be revoked for at least one year following the applicable DMV process, along with a civil penalty. Repeat refusals or certain prior alcohol-related events can result in longer revocations.
This means a person may face both the DWI case in court and a separate DMV refusal proceeding.
Can a New York DWI Be Reduced or Dismissed?
A DWI charge does not automatically mean a DWI conviction.
Depending on the evidence and circumstances, issues that may deserve investigation include:
- Whether police had a lawful reason for the traffic stop
- Whether the detention or arrest was legally justified
- How field sobriety tests were administered
- Whether medical or physical conditions affected testing
- Breath-test procedures and equipment records
- Timing or reliability issues involving chemical testing
- Blood-test collection, handling, or analysis
- Whether video evidence supports the officer’s written observations
- Whether the prosecution can establish impairment or intoxication
- Whether proper procedures were followed in an alleged refusal
New York also distinguishes between DWAI, DWI, and Aggravated DWI, so the particular evidence can affect both the charge and potential outcome.
No individual issue guarantees that a charge will be reduced or dismissed. The purpose of the evaluation is to identify areas of your arrest that may deserve a closer look.
Free DWI Evaluation Available Throughout New York
Our Free New York DWI Arrest Evaluation is available to people throughout the state, from New York City and Long Island to the Hudson Valley, Capital Region, Central New York, Western New York, and the North Country.
We cover DWI arrests across all New York counties, including cases in:
- New York City: Manhattan, Brooklyn, Queens, the Bronx, and Staten Island
- Long Island: Nassau and Suffolk counties
- Hudson Valley: Westchester, Rockland, Orange, Dutchess, Putnam, and surrounding counties
- Capital Region: Albany, Rensselaer, Schenectady, Saratoga, and surrounding areas
- Central New York: Syracuse, Utica, and surrounding communities
- Western New York: Buffalo, Rochester, Niagara Falls, and surrounding areas
- Southern Tier and North Country: including Binghamton, Ithaca, Watertown, Plattsburgh, and nearby communities
Whether your arrest happened in a major city, suburb, small town, or rural area, you can use the same free evaluation.
Just select where your arrest occurred and answer a few questions about what happened. We’ll use that information to help identify issues that may be relevant to your New York DWI arrest.
Identifying if Your DUI Rights Were Violated
Believe it or not, drivers rights are often violated during a DUI arrest. Since this is a common occurrence, an attorney will likely want to know the details of the arrest in order to identify whether or not the client’s rights were violated. Being able to identify a rights violation often helps to build a stronger case in favor of the offender that could potentially lead to having the charges dismissed and the case thrown out of court. Some of the questions lawyers will likely ask their client include:
- Did the officer have a good reason to pull the individual over and detain them for suspected DUI?
- Did the officer recite the individual’s Miranda Rights?
- Was the individual operating the car when the traffic stop was made or was the vehicle parked in a public parking lot or private driveway?
- Did the officer administer a Breathalyzer test? In what time frame after the individual’s last alcoholic drink was this test administered?
- Were there any other witnesses to the individual’s drinking or behavior other than the officer? Was the officer’s observation consistent or inconsistent with those eye witnesses?
- Did the officer administer any field sobriety testing? Did any factors such as the weather affect the outcome of these field sobriety tests?
DUI Laws in New York
New York is the top tourist destination in the United States and is literally the city that never sleeps. With bars and clubs open very late, if they ever close at all, drinking and driving is something authorities are always looking for. Needless to say, the city takes DUI very seriously and the penalties and fines reflect just how serious this crime is in the State of New York.
Consequences for Refusing to Take Chemical Tests
New York is an implied consent state, which means refusing to take chemical tests will result in fines and a license suspension:
- First offense – one-year license suspension
- Second offense – 18-month license suspension
- Third offense – 18-month license suspension
Challenging BAC Levels in Court
All blood alcohol content (BAC) levels for DUI in New York are consistent with those in other states:
- Drivers that are under the age of 21, .02 percent
- Drivers 21 years of age and older, .08 percent
- Commercial drivers, .04 percent
Is There Mandatory Jail Time Required for a DUI in New York?
While the first violation is on par with most other states, the maximum jail sentences in New York for repeat offenders are very long:
- First offense – up to one year in jail
- Second offense – up to four years in jail
- Third offense – up to seven years in jail
The lookback period in New York for sentencing purposes is 5 years.
Monetary Fines and Penalties for DUI in New York
Just as with the jail sentences, first time offenders are offered some leniency, but repeat offenders can expect to open their checkbooks in New York for repeat DUI offenses:
- First offense – fines ranging from $500 to $1,000
- Second offense – fines ranging from $1,000 to $5,000
- Third offense – $2,000 to $10,000
License Suspension for DUI in New York
New York provides guidelines only for the minimum sentence required. The maximum license suspension is at the discretion of the judge presiding over the case:
- First offense – minimum six months
- Second offense – minimum one year
- Third offense – minimum one year
In New York, an ignition interlock device (IID) is required after the first violation.
Finding a DUI Lawyer in New York
If found guilty, those individuals arrested and charged with Driving While Intoxicated (DWI), or Driving Under the Influence (DUI), in the state of New York can face some heavy penalties. For first offenders of DUI, the license suspension will be issued for 90 days – for second or third offenders the suspension will last six months. Additionally, the individual may be required to use an ignition interlock device to operate his or her vehicle and will also have to participate in mandatory alcohol and drug education classes.
Since the penalties for a DUI or DWI crime are strict, it is important to retain legal representation as soon as possible. In many cases, the suspension of the accused’s license will begin as soon as he or she is arrested and charged with the crime. Once the suspension begins, individuals have a short amount of time to file a request for an administrative hearing to have the suspension lessened or dismissed. Although this court hearing deals with the suspension, another hearing will be held to determine guilt.
With such stiff penalties and fines in place, individuals arrested and charged with DWI in New York are encouraged to hire a DUI attorney to help fight the charges. New York does not allow violators to plead out to the lesser charge of wet reckless, so you must win the case outright. A good attorney may be able to find flaws in testing and/or evidence. For a free evaluation of your case as well as recommendations for a local attorney, fill out the Free DUI Evaluation form today.
Do You Need a DUI Attorney in the State of New York?
In order to ensure the best possible outcome for the case, it is important to have an attorney present as representation during both the administrative and DUI court hearings. A knowledgeable attorney will be able to explain the charges and punishments to the offender as well as look over the state’s evidence and prepare a defense for the client. The attorney will also be able to determine if the offender was treated fairly during the arrest and charging as well as being able to discover if any of his or her rights were violated during the process.
It is not always required for the offender to retain his or her own legal counsel. If the offender cannot afford to hire an attorney, the state will provide a public defender to represent him or her at no charge. Although this may be helpful to some, it is important to retain a private practice attorney if you are able to do so – public defenders are not always the most knowledgeable about DUI laws and will often ask the client to take a plea bargain to settle the case, meaning the offender will face some penalties.
What Are the Benefits of Retaining a Private Practice Attorney?
In many cases it can greatly benefit the offender to retain legal counsel, even though it will require financing. Private practice attorneys who deal in the realm of DUI arrests and DUI law are very well-versed in these regulations and can often do a better job representing the client than a public defender. DUI attorneys will sometimes be able to find flaws in the case or mistakes made by officers or the court that can then be leveraged to help lessen the punishment against the client.
Long story short, my Son, over 21 received 2 DWAIs and 1 DUI within 5 years. On his first and second, he used a family friend thinking the Father would handle the case. Turns out, the Father didn’t help the second time around, it was his daughter and it was her first DUI case. I called her with all the information believing the case would be thrown out at first court date. I assumed wrong. She used none of the information I gathered for her and my Sons second court date was set. I called her again, stating how come she didn’t have case, not even reduced but thrown out due to all the extreme circumstances. My Son was coming by after work and always leaves a bottle under my sink. He took it out, poured a drink, started to have it when I told him dinner would be ready in about 20 minutes. He and his brother were just hanging out talking. He said he forgot and said he was running right down the hill, less than 1/2 mile to get cigarettes. Took him to long to get back and started to get worried. Just as I was going to send my other Son to look for him, he pulled up and parked in front on street. He came in really angry and said as he was coming up the hill (this is a private Mobile Home Park) and had to swerve out of the way as car was coming down on wrong side. He went off road and ended up hitting small tree which actually was good, as there is a maybe 25-30 ft. drop with no guard rail. It was wet, muddy and his car was stuck, even though he was still half way on road. Neighbor came over with truck and pulled him back, said thank you and came 1 1/2 levels up to where I live and parked right in front. His bumper was cracked and he was really upset that now he had to get new bumper. He is a Mechanic, so at least he’d get a good deal and put it on himself. So, now he poured another drink as I told by Sons dinner was ready. He didn’t feel like eating then and was getting more pissed just thinking about it. His brother asked him to show him where it happened and yes, he and another drink before walking down the hill. About 1/2 hour had passed by now and it was about 6:20pm and when they walked down, there was a neighbor standing there who had called police and they had just pulled up as my Sons got there. I wouldn’t have called the police unless my Son could identify the car that came down and pushed him over. Otherwise, he wasn’t drinking at the time, was on private property and there was no damage except to Mikes bumper which was now parked as I said right in front of my unit on 3rd level. The police got out, 2 cars, and asked what was up. The neighbor that called said there was an accident but didn’t know where the car went. Police (one of which my Son grew up with) told them she was really stoned! They asked my Sons and Mike said he was on his way up the hill and repeated the story. Now, Mike not only was smelling of alcohol, but was buzzed as he didn’t eat all day and drank too much when he came back. As his Mother, I would have never let him drive anywhere after drinking, especially since he had a DWAI already, but even so, never! So, they asked the guys where Mikes car was and said to just stay put as they drove up to look at it. They kept driving and talking from 6:30pm to almost 9:00pm,. At that time I was told they arrested Michael and possibly read him his rights either there or down at the Station., When his brother came and told me, I couldn’t believe it. He wasn’t under the influence when he got here, would not consider what happened an accident unless he was going to find the other car, which he never saw before and only damage was his bumper. To this day, I was never given an answer as to how and why they told Mike to hang there for over 2 1/2 hours, but no other cars were involved, no one was hurt, it’s private property, Neighbor saw after the fact, car being pulled out of ditch, and Michael was not drinking until he came back. So, they take Michael in, arrest him, empty his pockets, no keys on him, no police or anyone said they even saw Mike drive, did BAC test over 2 hrs. after incident, yes, over limit, but he didn’t drink until after car was parked back in front of my unit, no proof of anything, just a stoned nosy neighbor who called, again after the fact and police never saw Michael in his car, near his car, driving his car, yet they were able to arrest him and he plead to a dwai, even though none of it was true, lawyer did horrible job and we just let it go, believing this would never happen again, yet I still wanted Mike to fight. He just wanted to go on with his life. And yes, what were the odds that he moved across the street from a Police Station in Chester, N.Y. and had huge fight with girlfriend, went down the street to have a few drinks, realized he had to move his car since she had left it in a No Parking Zone, and instead of waiting till morning, got in, drove a block or so and was pulled over. Ironic, stupid and yes, this time guilty, but now makes it a whole other ballgame. NOW IT’S 2 DWAI’S AND THIS IS A DUI. HE’S DONE. Not fair, and yes life isn’t, but since it’s been about 2 or so years since second dwai and should have been thrown out, he lost everything. Is he able to get another chance at proving his innocence with the second dwai? He shouldn’t have even have gotten that and every time I think of his brother saying “Just quick, show me where it happened” I get sick. If they just sat down and ate dinner and never went back down the hill, this all never would have happened.
PS, I used to go out with two of my girlfriends maybe twice a month in the town of Monroe, NY and the loudest, drunkest group in the place were always the Police, laughing about how they didn’t remember getting home last Friday Night, waking up with car halfway in there yard, them passed out in front yard. Oh, and let’s not forget how many times these drunk officers (married) would hit on me to the point of harassment . Thank you for reading my statement, all of which is true and to this day, don’t understand what happened besides horrible representation. Hope to hear from you and if there is anything my Son can do?
Please keep us updated on the your son’s situation and I hope he is able to get out of the 2nd DWAI or get is reduced to a lesser charge.