Top New York DWI Defense Attorneys

Whether you are facing a first or subsequent driving while intoxicated (DWI) charge, our attorneys can aggressively advocate for you in court. At Sivin, Miller & Roche LLP, our attorneys are knowledgeable and skilled DWI defense lawyers. We have decades of experience and a long track record of getting favorable results for our DWI clients, including acquittals and dismissals and negotiating reduced DWI charges and penalties. If you’re facing a DWI, contact our office for a free consultation.

DWI Conviction Penalties

Driving while intoxicated (DWI) is a serious offense in New York with potentially life-altering consequences. The penalties for a DWI conviction can vary significantly depending on the specific circumstances of the case, including prior offenses, blood alcohol content (BAC), and whether the incident involved an accident or injury.

First-Time Offense Penalties:

• Misdemeanor criminal record
• Fines ranging from $500 to $1,000
• Potential jail time up to one year
• Driver’s license suspension for at least six months
• Mandatory installation of an ignition interlock device
• Potential mandatory alcohol evaluation and treatment programs

Repeat Offense Escalation:

Subsequent DWI convictions carry increasingly severe penalties. A second offense within ten years can result in:

• Increased fines up to $5,000
• Potential imprisonment of up to four years
• Longer license suspension or revocation
• More extensive mandatory alcohol treatment programs

Aggravating Factors:

Certain circumstances can significantly enhance penalties, including:

• BAC above 0.18% (aggravated DWI)
• Driving with a suspended license
• Having a child under 15 in the vehicle
• Causing an accident with personal injury

Additional Consequences:

Beyond legal penalties, a DWI conviction can impact:

• Employment opportunities
• Professional licensing
• Auto insurance rates
• Personal and professional reputation

At Sivin, Miller & Roche LLP, our experienced DWI defense attorneys understand the complexities of New York’s drunk driving laws. We are committed to protecting your rights and minimizing the potential consequences of a DWI charge.

BAC Limit in New York

New York State has strict legal standards for blood alcohol content (BAC) that define impaired driving:

1. Standard Drivers (21 and Over):
   • 0.08%: Legal limit for drivers of standard passenger vehicles
   • 0.05%: Can result in lesser charges of Driving While Ability Impaired (DWAI)
2. Commercial Drivers:
   • 0.04%: Legal BAC limit for commercial vehicle operators
   • Lower threshold reflects increased safety responsibilities
3. Under 21 Drivers:
   • Zero Tolerance Policy
   • Any detectable amount of alcohol (0.02% or higher) can result in license suspension
   • Strict penalties aimed at preventing underage drinking and driving
4. Aggravated DWI Threshold:
   • 0.18%: Elevated BAC that triggers more severe penalties
   • Increased fines
   • Mandatory longer license suspension
   • Potential requirement for ignition interlock device
5. Important Considerations:
   • BAC can be measured through breath, blood, or urine tests
   • Refusing chemical testing can result in automatic license suspension
   • Penalties increase with repeated offenses

How a DWI Defense Lawyer Can Help Defend Your Case

At Sivin, Miller & Roche LLP, we understand that being charged with a DWI (Driving While Intoxicated) can have serious consequences, including fines, license suspension, and even jail time. Our experienced DWI defense lawyers are committed to providing you with a strong legal defense to minimize the impact of these charges on your life. Here’s how we can help:

Thorough Review of Evidence

We will carefully examine all the evidence against you, including the results of breathalyzer or blood tests, field sobriety tests, and police reports. In many cases, errors in the administration of these tests or violations of proper procedure can lead to the dismissal of charges or a reduction in penalties.

Challenge the Stop or Arrest

A key part of defending a DWI case is questioning the validity of the traffic stop and the arrest. If the police officer lacked reasonable suspicion to pull you over or failed to follow proper arrest procedures, we may be able to have the charges dismissed.

Question the Accuracy of Testing Methods

Breathalyzer machines and other field sobriety tests are not infallible. Our lawyers have the knowledge and experience to challenge the accuracy of these tests, including questioning the calibration of the breathalyzer or the qualifications of the officer administering the tests.

Negotiating for Reduced Charges

In some cases, it may be possible to negotiate a plea agreement to reduce the severity of the charges. We will work with prosecutors to secure a plea that minimizes penalties, such as reducing a DWI charge to a lesser offense, like DWAI (Driving While Ability Impaired).

Protecting Your Rights

Throughout the entire process, we will ensure your rights are protected. Whether you are facing a misdemeanor or felony charge, we will fight to ensure that all procedures are followed and that you receive a fair trial.

With years of experience defending clients facing DWI charges in New York, the attorneys at Sivin, Miller & Roche LLP are dedicated to achieving the best possible outcome in your case. Let us help you navigate this challenging situation and work to protect your future.

What To Do If You’re Stopped for a DWI

Being stopped on suspicion of driving while intoxicated (DWI) can be a stressful and intimidating experience. Knowing how to handle the situation calmly and responsibly can protect your rights and potentially impact the outcome of your case. At Sivin, Miller & Roche LLP, we recommend taking the following steps if you’re pulled over for a DWI in New York:

1. Remain Calm and Polite: Stay calm and treat the officer with respect. Avoid making sudden movements or arguing, as this could escalate the situation. Remaining cooperative can prevent additional charges, such as resisting arrest or disorderly conduct.
2. Exercise Your Right to Remain Silent: You are not obligated to answer incriminating questions, such as, “Have you been drinking?” Politely inform the officer that you wish to exercise your right to remain silent and that you would like to speak with your attorney.
3. Avoid Volunteering Information: Provide only the necessary documentation, such as your driver’s license, registration, and proof of insurance. Do not offer additional information or explanations, as anything you say could be used against you later.
4. Be Mindful of Field Sobriety Tests: Field sobriety tests, such as walking in a straight line or standing on one leg, are not always accurate and are often subjective. In New York, you have the right to refuse these tests. However, refusal can be noted by the officer, which may be used as evidence in court.
5. Understand Chemical Test Implications: New York’s “implied consent” law requires you to submit to a breathalyzer or chemical test if asked. Refusal to take this test can lead to an automatic license suspension and additional penalties. However, the circumstances surrounding the request for the test and its administration may later be challenged in your defense.
6. Request Legal Representation: If you’re arrested, do not answer any questions or sign any statements without consulting an attorney. Contacting an experienced DWI defense lawyer as soon as possible is crucial to protecting your rights and building a strong defense.

At Sivin, Miller & Roche LLP, we are here to guide you through the legal process and defend your case. If you’ve been stopped or arrested for a DWI in New York, contact us immediately. Early intervention can make a significant difference in the outcome of your case.

Why Choose Sivin, Miller & Roche LLP

Proven Track Record

• Experience: Decades of combined experience in criminal defense, with a history of favorable verdicts and settlements.
• Recognition: Our attorneys are recognized by peers and clients for exceptional legal service and have received numerous accolades in the legal community.

Client-Centered Approach

• Personal Attention: Each client receives personalized attention from our dedicated attorneys. We understand that every case is unique and requires a tailored approach.
• Communication: We prioritize clear, timely communication with our clients, ensuring you are informed and empowered at every stage of your case.

Strategic Defense

• Resourcefulness: Our team is known for its creative legal strategies and thorough preparation for each case. We leverage all available resources to support our clients’ defense.
• Aggressive Advocacy: We advocate zealously for our clients, whether it’s in the negotiation room or the courtroom, to secure the best possible outcome.

Experience Across Criminal Law

• Wide Range of Cases: Our attorneys have extensive experience defending a wide array of criminal charges, from misdemeanors to serious felonies, including white-collar crimes and federal offenses.
• Up-to-Date Knowledge: We stay abreast of the latest legal developments to ensure our defense strategies are innovative and informed by current law.

Accessible and Supportive

• Availability: We are there for our clients when they need us, ready to answer questions and provide legal support throughout the process.
• Support System: The emotional toll of criminal proceedings is not to be underestimated. We offer a steady hand and empathetic ear alongside our legal experience

Respected by Peers

• Professional Esteem: Our firm has earned the respect of the legal community, including prosecutors and judges, which can be advantageous in negotiations and legal proceedings.
• Industry Connections: We have developed a network of professional relationships, including expert witnesses and investigative resources, to bolster our clients’ defenses.

Commitment to Justice

• Ethics and Integrity: We are committed to upholding the highest ethical standards and integrity in our practice, ensuring our clients receive fair treatment under the law.
• Advocacy for Rights: Our unwavering commitment to the Constitution and our clients’ rights is the cornerstone of our practice.

Facing a DWI Charge? You Need Experienced Legal Defense Now

If you or a loved one is confronting a DWI charge, time is of the essence. The experienced criminal defense attorneys at Sivin, Miller & Roche LLP are ready to provide aggressive, strategic representation designed to protect your rights and your future. Our team understands the complexities of New York DWI laws and will work tirelessly to minimize the potential consequences of your charge. Don’t face this challenging legal situation alone—contact our office today for a confidential consultation. We’ll carefully review the details of your case, explain your legal options, and develop a robust defense strategy tailored to your specific circumstances. Call us now at 212-349-0300 or complete our online contact form to schedule your immediate consultation.

DWI Defense Lawyer FAQs

1. What is the difference between a DWI and a DWAI in New York?

A DWI (Driving While Intoxicated) generally applies to drivers with a blood alcohol concentration (BAC) of 0.08% or higher, while a DWAI (Driving While Ability Impaired) applies to cases where a driver’s abilities are impaired by alcohol but their BAC is below 0.08%.

2. What penalties could I face for a DWI conviction in New York?

Penalties may include fines, license suspension or revocation, mandatory alcohol education programs, installation of an ignition interlock device, and even jail time. The severity depends on factors such as prior offenses and the circumstances of your arrest.

3. Can I refuse a breathalyzer test?

You can refuse, but under New York’s “implied consent” law, refusal results in an automatic license suspension and may carry additional penalties. Refusal can also be used as evidence against you in court.

4. Will I lose my license after a DWI arrest?

Your license may be suspended temporarily pending your case outcome. A DWI defense lawyer can help you apply for a conditional license, allowing limited driving privileges.

5. How does a DWI affect my criminal record?

A DWI conviction results in a permanent criminal record. However, with the help of an experienced attorney, it may be possible to reduce or dismiss the charges.

6. Can I fight the results of a breathalyzer test?

Yes. Breathalyzer tests are not always accurate and can be challenged based on improper calibration, maintenance issues, or errors in administration.

7. Do I need a lawyer for my first DWI offense?

Absolutely. Even a first offense can carry significant consequences. A lawyer can help reduce penalties, challenge evidence, and potentially avoid a conviction.

8. What if I was stopped for a DWI at a checkpoint?

DWI checkpoints are legal in New York, but officers must follow strict procedures. If your rights were violated or the stop was unlawful, your lawyer can challenge the charges.

9. How long will a DWI case take to resolve?

The timeline varies depending on the complexity of the case and whether it goes to trial. A lawyer will work to resolve your case as efficiently as possible while building a strong defense.

10. What should I do if I’ve been charged with a DWI?

Contact an experienced DWI defense attorney immediately. At Sivin, Miller & Roche LLP, we will evaluate your case, protect your rights, and fight for the best possible outcome.