DWI

New York DWI Lawyers

Relentless DWI Defense Attorneys in New York & Long Island

If you are facing a DWI charge in New York, you should know that you have the right to a lawyer and an opportunity to defend yourself. A skilled DWI defense lawyer at Raiser, Kenniff & Lonstein can build a strong case on your behalf and help protect your rights throughout the entire legal process.

Not only can they assess the evidence against you and take steps to ensure that authorities followed procedural laws properly, but they also have the experience and knowledge to identify loopholes and weaknesses in the prosecution’s argument.

Having a knowledgeable New York DWI defense attorney by your side increases the chances of mitigating potential penalties or having charges dropped altogether, so it is essential that those accused of driving under the influence consult with one. DWI laws are complex, and understanding the intricate nuances can be crucial in forming a robust defense. Our team is well-versed in both New York State laws and federal requirements, providing comprehensive insights that benefit our clients.

Ready to start working on your DWI/DUI defense? Contact us online or call today at (888) 646-0025.

What is a DWI in New York

In New York, an individual can be charged with Driving While Intoxicated (DWI) if their Blood Alcohol Concentration (BAC) is 0.08% or higher. For drivers of commercial vehicles, the limit is lower at 0.04%. Driving under the influence of alcohol impairs judgment, reaction times, and motor skills, which is why these limits are strictly enforced to help protect public safety.

If you are accused of driving under the influence in New York, you will be charged under one or more statutes in New York Vehicle & Traffic Law section 1192:

DWAI (Driving While Ability Impaired) - VTL 1192(1): If your BAC is between .05% and .07%, you may be charged with DWAI. While this is a traffic infraction and not a crime for a first offense, it carries penalties such as a 90-day license suspension, a permanent driving record entry, and increased insurance costs.
DWI Per Se - VTL 1192(2): A person with a BAC of .08% or higher can be charged under this statute based solely on chemical test results. Even if you appear to drive normally or pass field sobriety tests, a qualifying BAC can still result in a DWI charge.
DWI (Driving While Intoxicated) - VTL 1192(3): This statute applies when a person operates a vehicle while their ability is substantially impaired by alcohol or drugs, based on observations and other evidence rather than a particular BAC level.
Aggravated DWI: If your BAC is .18% or higher, the charge is elevated to Aggravated DWI (VTL § 1192.2-a). This carries significantly harsher penalties, including longer license revocations and higher fines.
BWI (Boating While Intoxicated): Operating a motorboat or vessel while intoxicated is charged as BWI. A BAC of .08% or higher can support this charge, with lower limits applying to commercial vessel operators. Penalties can include fines, jail time, and loss of boating privileges, and may also affect your driver’s license.

In New York, to obtain a DWI conviction, the prosecution must prove that the accused was driving or operating a motor vehicle on a public highway while intoxicated or impaired. When a prosecutor is unable to prove all of these elements beyond a reasonable doubt, the accused should not be found guilty.

Consequences of a DWI Charge in New York

Being charged with a DWI in New York can have serious legal and personal consequences. It is important to understand the potential impact on your driving privileges, criminal record, and future opportunities. Our experienced DWI defense attorneys in New York at Raiser, Kenniff & Lonstein can provide you with the guidance and support you need during this challenging time.

Consequences of a DWI charge may include:

Driver's license suspension or revocation
Heavy fines and court costs
Potential jail time
Increased insurance rates
Installation of an ignition interlock device
Criminal record that can affect employment and housing opportunities

The penalties for a DWI will vary based on several circumstances, such as previous DWI arrests and convictions and the details of the incident. In addition, those arrested for a DWI can be subject to fines and may have to enter the New York Drinking Driver Program or a similar program.

Penalties for BWI

Conviction of a BUI or BWI can mean that you spend up to 90 days in the county jail. You might be fined between $350 and $500. In some cases, both of those punishments can be imposed.

Along with possible jail time and fines, your privilege to operate vessels can be suspended for six months. If this is not your first offense in the past 10 years, you could lose your ability to operate a vessel for up to 24 months.

Penalties for Underage DWI

Someone younger than 21 generally does not face criminal charges if this is a DWI-related charge for having a blood alcohol concentration of 0.02% but under 0.08%. For a first-time underage DWI with a BAC above 0.08%, you could face up to a year in jail, up to $1,000 in fines, six months of driver's license revocation, and the installation of an ignition interlock device.

Penalties for Felony DWI

If you have a prior aggravated DWI within the past 10 years, then a second aggravated DWI charge can be a Class E felony. This type of drunk driving charge can be punishable by up to four years in prison, up to $5,000 in fines, and 18 months of driver's license revocation.

If this is your first aggravated DWI charge, but you had a child passenger in your vehicle, then you could also be charged with a Class E felony. This particular circumstance can bring severe legal consequences, and having knowledgeable legal support can be crucial for navigating these complexities.

Penalties for Multiple DWI

If you have a prior DWI, drug-DWAI, or combination-DWAI conviction, then a second or third DWI conviction could mean up to four or seven years in prison, fines of up to $5,000 or $10,000, community service, one to five years of license revocation (or permanent revocation for a third conviction within four years), and ignition interlock device installation.

Sentencing for a multiple DWI conviction could also include treatment programs, attending a victim impact panel, and several years of additional fines. Engaging a proficient legal team early in the process can provide options that might mitigate the severity of these outcomes.

Do not face these consequences alone. Contact our DWI lawyers in New York for a strong legal defense and personalized guidance through the legal process. It is essential to explore every avenue for defense, including potential plea bargains or alternative sentencing, which may lessen the impact on your life.

Contact our New York DWI/DUI defense lawyers today at (888) 646-0025 or reach out online now.

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Why We're the Right Choice

Attentive Service. Strategic Defense.

Raiser, Kenniff & Lonstein is here to help you get the results you need with a team you can trust.

Personalized Legal Strategy
We don’t believe in one-size-fits-all solutions. Every case is handled with a custom legal approach tailored to your goals, your circumstances, and your future.
Risk-Free Consultation

We offer a risk-free evaluation of your case and are here to help you understand your legal options. We are available 24/7, day or night, to help you.
Top-Rated Team

Nationally recognized for results. Our attorneys have been ranked among the best in the U.S., Trusted for their strategy, skill, and relentless client advocacy
Former Prosecutors
Our founding partners are both former New York prosecutors who bring unique experience and insights to every case, especially when it comes to going to trial.

The New York DWI Defense Process

Navigating a DWI case requires managing two separate systems: the criminal court and the Department of Motor Vehicles. Our firm handles both with precision.

Arraignment and the Hardship Hearing: At your first court appearance, the judge will likely suspend your license "pending prosecution." As your DWI defense attorney in New York, we can immediately request a Hardship Hearing. If we can prove that the suspension creates an extreme hardship for your employment, schooling, or medical needs, we may secure a limited license that allows you to drive during specific hours.
Discovery and "The Lab": We demand all maintenance logs for the Intoxilyzer 8000 used in your case. If the machine was not calibrated within the required window or if the officer lacked proper certification, we fight to have your BAC results thrown out.
Pre-Trial Motions and Suppression: We scrutinize the legality of the initial traffic stop. If the police lacked "probable cause" or "reasonable suspicion" to pull you over, we file a motion to suppress. If successful, all evidence obtained after the stop—including your BAC and statements—cannot be used against you.
The DMV Refusal Hearing: If you refused the chemical test, you face a separate hearing at the DMV. This is a civil proceeding where the burden of proof is much lower. If you lose, your license is revoked for at least one year and you face a $500 civil penalty, regardless of what happens in your criminal case.

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The Importance of an Experienced DWI Attorney in New York

When facing a DWI-related charge, an experienced attorney can file pretrial motions that closely examine how the stop, arrest, and evidence were handled. These motions may challenge whether police had probable cause or whether chemical tests were properly collected and stored. Identifying legal or procedural errors can weaken the prosecution’s case and may lead to reduced charges or dismissal.

DWI cases also involve complex legal issues, including constitutional rights and opportunities for plea negotiations. A knowledgeable attorney develops a strategy tailored to the facts of your case, using experience and legal resources to protect your interests. Effective representation can shape how the case proceeds and improve the chances of a more favorable resolution in court.

Beyond fines and license suspension, a DWI conviction can affect employment, education, travel, and future opportunities. Skilled legal guidance helps address both immediate charges and long-term consequences. An experienced legal team can advocate for alternatives such as negotiated pleas or rehabilitative options, working to minimize the lasting impact on your personal and professional life.

When you work with a DWI lawyer in New York, you can expect support that may include:

Careful review of the stop and arrest. Your attorney examines whether law enforcement had a lawful basis to stop your vehicle and whether field sobriety and chemical tests were administered correctly.
Thorough evaluation of evidence. Breath and blood test records, video footage, and witness statements are analyzed to identify weaknesses that can be raised in negotiations or at trial.
Protection of your license. Guidance covers DMV-related issues, hearing deadlines, and strategies aimed at preserving or restoring driving privileges when possible.
Clear communication about options. You receive straightforward explanations of potential plea offers, trial risks, and collateral consequences so you can make informed decisions.
Coordinated strategy across courts. For clients with matters in Manhattan, Mineola, or Suffolk County courts, the legal team works to ensure that actions in one case do not create avoidable problems in another.

With comprehensive legal support, clients are positioned to make informed decisions in pursuit of the most favorable legal resolutions.

Contact us online or by calling (888) 646-0025 today!

Frequently Asked Questions About New York DUI/DWI Defense

What Are the First Steps After a DWI Charge in New York?

Immediately following a DWI charge in New York, it is crucial to understand the legal process so you can safeguard your rights. First, cooperate with law enforcement officers at the scene, but avoid sharing unnecessary details that might inadvertently hinder your defense. Legal advice during these initial stages is important; contacting a reliable DWI defense lawyer such as Raiser, Kenniff & Lonstein is a key step. Our experienced team can provide guidance early in the process to help ensure that your actions do not compromise your legal position. In addition, documenting every detail of your arrest as soon as possible helps ensure no important information is lost. This documentation assists your attorney in building a defense strategy tailored to your circumstances.

Can a DWI Charge Be Reduced to a Lesser Offense?

In New York, there is a possibility for a DWI charge to be reduced to a lesser offense, such as a plea to a lesser charge like DWAI (Driving While Ability Impaired), which is treated differently than a crime. Success in reducing charges, however, depends heavily on the specific facts of the case, the quality of the evidence, and the defendant’s prior criminal history. Working with a knowledgeable DWI defense attorney can increase the likelihood of achieving such an outcome. By using negotiation skills and a thorough understanding of local DWI laws, Raiser, Kenniff & Lonstein works to explore opportunities for charge reduction. Reaching a favorable plea agreement can lead to fewer penalties and a lesser impact on your record and future prospects.

What Is the Implied Consent Law in New York?

New York’s implied consent law provides that all drivers operate vehicles with the understanding that, if lawfully stopped by law enforcement with probable cause, they are deemed to have consented to chemical testing (breath, blood, or urine) to determine intoxication levels. Refusal to comply can result in immediate administrative actions, such as suspension of driving privileges for at least one year and possible fines. Understanding the nuances of this law is essential for guiding your interactions with law enforcement and forming effective defense strategies. Legal counsel can assist in challenging the circumstances under which tests were requested and may be able to raise defenses to administrative penalties related to a refusal. Early legal intervention can help address disputes regarding implied consent issues effectively.

What Are the Impacts of a DWI Conviction on Your Record?

A DWI conviction in New York can have long-lasting effects on your record, influencing employment, insurance premiums, and personal reputation. The conviction can stay on a person’s driving record for many years and may influence hiring decisions, especially for roles that require driving or a clean record. In addition, insurance premiums often increase significantly following a DWI conviction, reflecting the perceived increased risk posed by the driver. Understanding these consequences in full is crucial for anyone facing DWI charges. Raiser, Kenniff & Lonstein helps individuals understand not only their legal challenges but also the broader impact on daily life, so they can make informed decisions throughout the legal process.

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