DUI Defense

DWI Attorney in Orange County

Confident & Client-Focused DWI Lawyer in Orange County

Facing DWI charges in Orange County can feel overwhelming, but you don’t have to navigate this process alone. At Raiser, Kenniff & Lonstein, our team brings together more than 100 years of combined legal experience along with a strategic defense perspective developed by former prosecutors.

We recognize the stress and uncertainty that come with DWI allegations, especially when dealing with unique local procedures in Orange County. Our DWI attorneys have worked with clients from diverse backgrounds, including college students, business professionals, and military personnel.

When you contact us, you receive clear information tailored specifically to your circumstances, not just generic advice. Our clients value open communication and our commitment to keeping them informed every step of the way.

Don't risk mandatory IID installation or a license revocation. Get the strategic advantage of an Orange County DWI lawyer who has worked as a prosecutor. Take control of your case—contact us online or call (888) 646-0025 today.

What Constitutes a DWI Charge in Orange County, NY

A DWI charge in Orange County, New York, is defined by specific prohibited levels of intoxication or impairment under Vehicle and Traffic Law (VTL) § 1192. It is classified as a misdemeanor for a first offense.

The conduct that constitutes a criminal DWI charge is primarily broken down into two main categories:

Driving While Intoxicated (DWI) - VTL § 1192-2 and 1192-3

This is the standard criminal charge, triggered by proving either a specific illegal Blood Alcohol Content (BAC) or a general state of intoxication:

Per Se BAC (0.08%): A person operates a motor vehicle with a Blood Alcohol Content (BAC) of 0.08% or higher. This is often proven through a breathalyzer (Intoxilyzer) or blood test. The prosecutor does not need to prove the driver was visibly impaired; the BAC level alone is sufficient.
Intoxicated Condition (Impairment): A person operates a motor vehicle while in an "intoxicated condition," meaning they are substantially impaired by alcohol to the extent that they cannot operate the vehicle safely. This is typically proven through failed Field Sobriety Tests (FSTs) and subjective observations by the arresting officer (e.g., slurred speech, strong odor of alcohol, unsteady gait).

Aggravated DWI (A-DWI) - VTL § 1192-2a

This is an enhanced misdemeanor charge that carries the most severe penalties short of a felony. It is proven when:

High BAC (0.18%): A person operates a motor vehicle with an extremely high BAC of 0.18% or higher.

DWAI (Traffic Infraction)

It's important to differentiate DWI from Driving While Ability Impaired (DWAI) (VTL § 1192-1). DWAI is not a criminal charge; it is a traffic infraction and is established by a BAC greater than 0.05% but less than 0.07%, or by proof of visible impairment. While still serious, DWAI carries significantly lighter penalties than a criminal DWI conviction.

DWI Penalties in New York

The maximum penalties for a DWI conviction are severe, and they escalate significantly for repeat offenders or for those charged with Aggravated DWI (A-DWI).

Standard DWI (First Offense - Misdemeanor): Up to 1 year in jail, $500-$1,000 fine, and license revocation for at least six months.
Aggravated DWI (A-DWI - Misdemeanor): Up to 1 year in jail, and license revocation for at least one year.
Felony DWI: A second DWI conviction within 10 years is a Class E Felony, carrying up to four years in state prison and mandatory, lengthy license revocation.

All DWI convictions result in the mandatory installation of an Ignition Interlock Device (IID) for at least 12 months, in addition to significant fines and mandatory state surcharges. Our firm fights to avoid a conviction that triggers these penalties.

The Pillars of Your Orange County DWI Defense

A successful DWI defense in New York requires a strategy that attacks the State’s case simultaneously across three distinct areas: the traffic stop, the science, and the administrative action. We manage every step to achieve the best possible non-conviction outcome.

Pillar 1: Challenging the Traffic Stop and Constitutional Rights

The entire case often hinges on the legality of the initial stop. If the police lacked reasonable suspicion to pull you over or probable cause to make an arrest, all subsequent evidence—including Field Sobriety Tests (FSTs) and chemical test results—can be suppressed. We file motions to suppress evidence obtained in violation of your Fourth and Fifth Amendment rights, which often leads to case dismissal.

Pillar 2: Dismantling the Scientific Evidence (BAC)

The key evidence in any DWI case is the Blood Alcohol Content (BAC) reading. We are dedicated to challenging the reliability of the BAC result in two primary ways:

Breathalyzer Calibration and Protocol: We scrutinize the maintenance logs of the breathalyzer device and challenge the officer's adherence to the mandatory 15-minute observation period prior to testing. Procedural flaws can invalidate the BAC reading.
The Rising BAC Defense: We present evidence to show that your BAC was still rising after you stopped driving, meaning your level was below the $\text{0.08\%}$ legal threshold at the time you were actually operating the vehicle.

Pillar 3: Navigating the Administrative License Battle

New York imposes immediate administrative penalties. We manage both critical actions:

DMV Refusal Hearing: If you refused the chemical test, we represent you at the DMV Refusal Hearing to fight the automatic one-year license revocation.
Hardship/Conditional License: We petition the court for a Hardship License or Conditional License immediately following the suspension, allowing you to legally drive for work, school, and essential appointments during the criminal proceedings.

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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.

Why Choose Our Orange County DWI Defense Team

People throughout the area rely on us for our dedication and thorough case management. Here’s what makes Raiser, Kenniff & Lonstein the right choice for your defense:

Former prosecutors on your side: Our attorneys understand how local prosecutors evaluate DWI cases. This insight supports our strategic approach for each client.
Personal attention at every step: We intentionally maintain a limited caseload so each client receives the time and support they need. From your initial call, count on direct answers and consistent support.
Direct attorney access around the clock: We offer 24/7 communication. Whether by phone or email, questions are always welcome and met with prompt responses.
A history of helping a diverse client base: We represent individuals from all walks of life, including military members, across state and federal courts. Our lawyers ensure each client receives equal care and attention.
Flexible payment and multilingual service: Payment plans are available, and our team communicates in English, Spanish, and Russian, making it easier for more people to seek help.

Clients appreciate our respectful, client-first approach. Our attorneys make your concerns their priority, listening to your goals and providing straightforward feedback. Our longstanding relationships with Orange County courts allow us to give you insight into local procedures, what to expect, and how to prepare for each phase.

Choose Raiser Kenniff, & Lonstein. Contact (888) 646-0025 or fill out our contact form for immediate assistance.

FAQs

What happens after a DWI arrest in Orange County?

After a DWI arrest, you may face both administrative action from the DMV and criminal charges in local courts. Quick action is essential because there are strict deadlines, especially for challenging license suspension.

Will I automatically lose my license for a DWI?

A DWI arrest typically triggers a DMV review that could lead to an automatic license suspension. You have the right to request a hearing to contest this, but you must act quickly because the window to request is short.

Can a DWI lawyer in Orange County help reduce my charges?

An experienced DWI attorney can help assess the evidence, review police procedures, and negotiate with prosecutors. While outcomes differ based on the facts of your case, having a legal advocate can often lead to more favorable results than proceeding alone.

How long does the DWI process take in Orange County?

Processing times vary due to court schedules and your case’s complexity. Some cases resolve within weeks, while others may extend for several months. Our attorneys provide consistent updates at each phase.

Are there alternatives to jail for first-time DWI offenders?

Many first-time DWI defendants in Orange County may be eligible for programs such as probation or alcohol education in lieu of jail time, depending on case details and court policies. A DWI lawyer can explain which options may apply to your situation.

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They treated me wonderfully and helped me out of a bind. I feel that this firm really cares.

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How Our DWI Lawyers in Orange County Support You Throughout the Process

Every DWI case is unique, but our team follows a client-focused process designed to support you at every stage:

Personalized strategy session: During your first consultation, we listen carefully to your circumstances, answer your questions, and recommend a plan that fits your needs.
Thorough review of your DWI arrest: We examine every aspect—traffic stop, testing procedures, and officer conduct. Our attorneys use their experience as former prosecutors to spot any weaknesses or legal issues in the prosecution's case.
Clear, ongoing communication: We explain each milestone, your legal rights, and upcoming deadlines. Our team remains available to provide updates or address concerns by phone, email, or in person.
Tailored defense planning: We prepare every defense step with careful attention to county practices. If opportunities exist for diversion or minimized penalties, we share them honestly and help you assess your options.
Guidance through the process: From initial investigation through potential hearings or resolution, our attorneys keep you informed and supported.

Our approach always starts with your priorities, whether you are focused on protecting professional opportunities, your clean record, or your ability to drive. We discuss personal priorities and legal risks to help you understand the potential outcomes of each decision. Our Orange County DWI lawyers minimize day-to-day disruptions, involve you in each step, and give you the tools to make informed choices with confidence.

Contact Our DWI Attorneys In Orange County Today

Choosing the right DWI lawyer in Orange County can shape your future. Our team offers personal attention, direct attorney access, and thoughtful defense strategies based on extensive courtroom experience. We support clients across Orange County and serve veterans as well as clients who prefer English, Spanish, or Russian, always delivering clear answers and reliable support from the start.

DWI charges can disrupt your family life, job prospects, and peace of mind. We understand Orange County’s legal environment and keep your needs at the center of everything we do. We listen, provide honest guidance, and help you move forward with confidence and clarity.

Schedule your consultation with Raiser, Kenniff & Lonstein today. Call (888) 646-0025—we are ready to listen, answer questions, and guide you through your next steps.

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