First-Offense DWI Attorney in New York
Contact Raiser, Kenniff & Lonstein For Strategic Help After A First DWI Arrest
A first drunk driving arrest in New York can be confusing and frightening, especially if you have never dealt with the criminal system before. You may be worried about your license, your job, and whether this mistake will follow you for years. You also need clear answers quickly, not legal jargon.
At Raiser, Kenniff & Lonstein, we represent people facing a first-time DWI charge in this state. Our criminal defense team brings more than 100 years of combined experience, and several of our attorneys previously worked as prosecutors. We draw on that background to anticipate how the District Attorney may build a case and to plan a defense that protects your future.
Protect your record and your future. Reach out to a New York first-offense DWI lawyer at Raiser, Kenniff & Lonstein by calling (888) 646-0025 or filling out this online form. Leverage our former prosecutor's insight and secure your risk-free consultation today.
Understanding First Offense DWI Laws in New York
New York’s Vehicle and Traffic Law (VTL) § 1192 sets the standards for what constitutes impaired driving. To effectively defend your case, we first must identify exactly which subsection of the law the state is using against you. A standard DWI is typically charged when a driver has a Blood Alcohol Content (BAC) of .08% or higher, or when there is "common law" evidence that the driver is intoxicated, regardless of a chemical test result.
It is vital to distinguish a first offense DWI from other related charges. For instance, New York also recognizes Driving While Ability Impaired (DWAI), which is often a BAC between .05% and .07%. While a DWAI is a traffic infraction and not a crime, a DWI is a misdemeanor. If your BAC was .18% or higher, you could face an Aggravated DWI charge, which carries even harsher penalties. Furthermore, if there was a minor under the age of 16 in the vehicle at the time of the arrest, New York’s "Leandra’s Law" automatically upgrades the charge to a Class E felony, even for a first-time offender.
Who We Help In First DWI Cases
We help first-time DWI clients navigate the legal process with discretion, understanding, and a focus on minimizing disruptions to their personal, professional, and educational lives.
- First-Time Offenders: Many clients are new to the legal system and feel worried, ashamed, or uncertain about how to inform family, employers, or schools.
- Working Professionals: We assist clients who rely on a valid license for commuting or travel, helping pursue options that reduce workplace disruption.
- Students: College and graduate students receive guidance on potential school disciplinary actions and impacts on future applications or opportunities.
- Military Personnel: Active duty members and veterans receive defense strategies that account for branch-specific regulations, potential discipline, and security clearance considerations.
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.
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Personalized Legal StrategyWe 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.
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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.
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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
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Former ProsecutorsOur 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.
.2512011325473.png "MARTINDALE-HUBBELL® 2025 Client Champion Gold")
The New York Criminal Defense Process for DWI
Understanding the timeline of your case is essential for peace of mind. The process moves quickly, and missing a deadline can result in the automatic loss of your driving privileges.
- The Arraignment: This is your first appearance before a judge. You will be formally charged, and in most New York DWI cases, the judge will suspend your license "pending prosecution." This is the critical moment where a New York first offense DWI lawyer can argue for a Hardship License, which may allow you to drive to work, school, or medical appointments.
- DMV Refusal Hearing: If you refused a chemical test, you must have a hearing at the DMV within 15 days of your arraignment. This is a civil proceeding separate from your criminal case. If you lose this hearing, your license will be revoked for one year, regardless of the outcome of your criminal case.
- Discovery and Pre-Trial Motions: This is where we do the heavy lifting. We demand all evidence from the prosecution, including body cam footage, calibration logs for the breathalyzer, and officer notes. We then file motions to suppress evidence that was obtained illegally.
- Plea Negotiations: Using our history and reputation, we negotiate with the District Attorney. We often seek to have DWI charges reduced to a DWAI (a non-criminal infraction) to protect your record.
- Trial: If a fair agreement cannot be reached, we are prepared to take your case to a jury. We challenge the prosecution's witnesses and present our own evidence to secure a "not guilty" verdict.
a Reputation For excellence
Read Our Client Testimonials
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They treated me wonderfully and helped me out of a bind. I feel that this firm really cares.- Michelle A.
Why Your First DWI Needs Serious Defense
Many people assume a first drunk driving charge is a minor traffic matter. In New York, that is not the case. A first DWI can be charged as a crime, and a conviction can mean fines, a criminal record, and restrictions on your ability to drive. The details depend on your blood alcohol content, whether there was an accident, and other factors.
A first conviction may bring penalties such as a mandatory fine, a period of license suspension, and surcharges. In some situations, courts can also consider probation, alcohol education programs, or installation of an ignition interlock device. For young drivers or commercial drivers, the rules can be even stricter and the professional consequences more serious.
When you work with our firm, we look at the specific circumstances of your arrest and the court where your case is pending. We then discuss realistic options with you, so you understand what can be challenged, where there may be room to negotiate, and what you can do to put yourself in the best possible position.
How Our New York DWI Lawyers Defend You
Our New York DWI lawyers begin by listening carefully to your account and reviewing all relevant documents, including police reports, videos, and charging papers. With former prosecutors on our team, we analyze the legal and factual strengths and weaknesses of your case, advise on negotiation options, and prepare thoroughly for trial if necessary. We focus on personalized attention, clear communication, and local court expertise to guide you through every step.
- Case Review: We examine police reports, charging documents, and any available video to identify legal and factual issues.
- Former Prosecutor Insight: Our experience helps anticipate how the State may evaluate evidence, prioritize charges, and view potential weaknesses.
- Personalized Attention: We limit the number of clients to devote significant time to each case, preparing you for court and answering questions promptly.
- Local Court Expertise: With offices in Manhattan, Mineola, and Suffolk, we appear regularly in local courts and stay familiar with local procedures.
- Clear Communication: We keep clients updated on developments, explain options in plain language, and offer services in Spanish or Russian.
- Defense Strategy: We review the traffic stop, roadside and chemical tests, statements, and medical or environmental factors, then discuss which issues may be litigated and how they affect plea or trial strategy.
Talk To Our New York First-Offense DWI Lawyers to Begin Your Defense
A first offense DWI is a serious matter, but you do not have to face it alone or uninformed. With over 100 years of combined criminal defense experience and former prosecutors on our team, Raiser, Kenniff & Lonstein works to protect your record, your license, and your future in this state.
We take on a limited number of cases so we can give first-time offenders the attention they deserve. With offices in Manhattan, Mineola, and Suffolk, and services available in multiple languages, we strive to make it as straightforward as possible to meet with a lawyer who will take your situation seriously.
Call (888) 646-0025 or reach out online to speak with our attorneys about your first-offense DWI case.