Defending a DWI takes real knowledge of New York DWI law and real courtroom experience, because no two cases are the same. The right strategy depends on the circumstances of the stop, the details of the arrest, the chemical-test result, and whether you are a first-time or a repeat offender. Jonathan Kaye is a former Assistant District Attorney who prosecuted hundreds of these cases before spending the last three decades defending them, so he builds your defense knowing exactly how the other side builds theirs.
Getting all the facts
A strong defense starts with a complete picture of what happened. That begins with your own account of the day of the arrest, from the first drink to the last contact with the arresting officer. From there we work to obtain the criminal complaint, the police paperwork, the results and calibration records for any breath or blood test, and any video from the stop or the precinct. Small details in that record, an unjustified stop, a field sobriety test given improperly, a breath machine that was overdue for maintenance, are very often where a case is won or weakened.
Challenging the stop and the testing
Police need a lawful reason to pull you over and a lawful basis to arrest you. If the stop, the field sobriety tests, or the chemical testing were not handled correctly, that evidence can be challenged. Where there is a genuine search-and-seizure or testing problem, the goal is to have the evidence suppressed, and where the case falls apart without it, dismissed. Because a DWI cannot be reduced below DWAI by statute (Vehicle and Traffic Law §1192(10)), a common and realistic goal on a first offense with a clean record is a plea down to DWAI, a traffic violation rather than a crime.
Building the case, or a mitigation plan
After the facts are analyzed we decide the best path. When the evidence is weak for the prosecution, we press for dismissal or reduction. When the case against you is stronger, we move to a pretrial mitigation plan, getting ahead of the issues by voluntarily addressing them in the ways a court respects, which can improve both the outcome and the terms of any resolution. A former prosecutor knows what a district attorney is looking for before agreeing to a favorable disposition, and that is a real advantage at the negotiating table.
Planning for every outcome
No client wants to think about a conviction, but part of doing this job well is preparing for one anyway. That means knowing the alternatives in advance, a hardship or conditional license, the ignition interlock requirement, the Impaired Driver Program, and how a plea affects your record and your insurance, so that whatever happens, nothing catches you by surprise.
New York DWI penalties at a glance
| Offense | Fine | Max jail | License |
|---|---|---|---|
| DWAI (first) | $300–$500 | 15 days | 90-day suspension |
| DWI, first (.08+) | $500–$1,000 | 1 year | 6-month revocation |
| Aggravated DWI (.18+) | $1,000–$2,500 | 1 year | 1-year revocation |
| 2nd DWI within 10 yrs | $1,000–$5,000 | 4 years | 1-year revocation |
| 3rd DWI within 10 yrs | $2,000–$10,000 | 7 years | 1-year+ revocation |
Statutory ranges, for general information only. A chemical-test refusal carries a separate DMV penalty even if the criminal charge is dismissed. Your actual exposure depends on the facts of your case. See misdemeanor DWI, felony DWI, and the full consequences of a DWI.