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New York Drunk Driving Defense

"DUI," "DWI," "drunk driving", people use the terms interchangeably, but New York has a specific ladder of offenses, each with its own stakes. Start here, then dig into the details.

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Most people call it drunk driving or DUI. New York's statute (Vehicle and Traffic Law §1192) calls it a family of related offenses, from a traffic violation at the low end to a serious felony at the high end. Where your case falls on that ladder decides almost everything about it, so the first job is understanding the charge, and the second is defending it properly.

The New York offenses, low to high

DWAI-Alcohol (BAC more than .05 but under .08, or observed impairment) is a traffic infraction on a first offense, not a crime. DWI (.08 or higher, or proof of intoxication) is a misdemeanor on a first offense. Aggravated DWI (.18 or higher) is a more serious misdemeanor on a first offense. DWAI-Drugs and DWAI-Combination cover impairment by drugs, or drugs and alcohol together. Zero Tolerance applies to drivers under 21 at BAC .02–.07 and is handled largely through the DMV. Repeat offenses within ten years climb into felony territory.

What to do after an arrest

Write down everything you remember while it is fresh, where you were, what you drank and when, what the officer said and did, what tests were given and how. Do not discuss the case with anyone but your lawyer. Watch the calendar: an arraignment suspension and a DMV refusal hearing both have short timelines. And call an experienced DWI attorney early, because the best opportunities in a DWI case often appear at the very beginning.

How these cases are defended

A real defense examines the lawfulness of the stop and the arrest, the administration of the field sobriety tests, the reliability of the breath or blood testing, and every gap in the paperwork. The goal is dismissal or a reduction, often to DWAI on a first offense, and, where a conviction cannot be avoided, the lightest outcome the facts allow. Learn more about how the defense is built.

One fee, no surprises

Jonathan handles misdemeanor DWI representation for a flat $1,500, the whole case, start to finish. The fines, surcharges, DMV fees, interlock, and program costs are set by the State and the court and are separate, but the legal fee itself is one clear number you can plan around.

Talk it through first. Whatever they charged you with, the smartest first move is a conversation. Call Jonathan at (516) 790-6618, 24 hours a day. The consultation is free.
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