DWI and DUI Defense in New York

New York's drunk-driving statute, Vehicle and Traffic Law § 1192, criminalizes operating a motor vehicle with a blood alcohol content of .08 or higher (.04 for commercial drivers), driving while ability impaired by alcohol or drugs, and refusing a chemical test after a lawful arrest. A first-offense DWI is a misdemeanor; a second DWI within ten years and aggravated DWI (BAC .18 or higher) become felonies fast.

Two Tracks: Criminal and Administrative

A DWI arrest opens two cases at once. The criminal case proceeds in Criminal Court or Supreme Court under the Penal Law and VTL. The administrative case proceeds at the DMV, where your license can be suspended or revoked regardless of the criminal outcome. We defend both tracks — the criminal exposure (jail, probation, ignition interlock, fines) and the DMV exposure (refusal hearings under VTL § 1194, civil penalties, and the long-term consequences for your driving privileges).

Where Defenses Come From

• The stop. Under the Fourth Amendment, the police need reasonable suspicion to stop a vehicle. If the officer pulled you over for a reason that doesn't hold up, everything that flowed from the stop — field sobriety tests, breath result, statements — can be suppressed.
• Field sobriety tests. The horizontal gaze nystagmus, walk-and-turn, and one-leg-stand tests have known failure modes. We cross-examine the officer on training, scoring, road conditions, footwear, and medical conditions that mimic intoxication.
• Breath and blood evidence. Breath machines must be calibrated and operated by certified personnel within statutory windows. Blood draws usually require a warrant. Chain-of-custody and lab-procedure challenges routinely exclude the headline number.
• Refusal warnings. VTL § 1194(2)(f) requires that the refusal warning be given in "clear and unequivocal language." A defective warning makes refusal evidence inadmissible.
• Miranda issues. Post-arrest statements made before Miranda warnings are inadmissible in the prosecution's case-in-chief.

Common Resolutions

Many first-offense DWI cases resolve to a plea to driving while ability impaired (VTL § 1192(1)), a traffic infraction that avoids a criminal conviction but still carries a 90-day suspension and a fine. Where the breath result is high, where there is an accident, or where the driver has a prior, the negotiation gets harder — and the value of a defense lawyer who knows the local prosecutor's office goes up.

If you have been arrested for DWI or DUI in New York, call us at 212-233-1233 or email [email protected].