DWI Defense
Charged with DWI
in Western NY?
A DWI charge can cost you your license, your job, and your freedom. An experienced defense attorney can make the difference. Call 24/7.
NY DWI Law: VTL § 1192
New York's DWI law — Vehicle and Traffic Law § 1192 — covers several levels of impaired driving, each with different penalties:
- VTL 1192.1
DWAI (Alcohol)
Driving while ability impaired by alcohol — BAC below .08 but impairment is observable. Violation, not a crime, on first offense.
- VTL 1192.2
DWI Per Se
BAC of .08% or higher as measured by a chemical test. Misdemeanor on first offense.
- VTL 1192.3
Common Law DWI
Impaired by alcohol as observed by police — regardless of BAC reading. Misdemeanor.
- VTL 1192.2-a(a)
Aggravated DWI
BAC of .18% or higher. A misdemeanor on first offense, with enhanced penalties.
- VTL 1192.4
DWAI Drugs
Impaired by any drug, prescription or otherwise. Misdemeanor. Can be combined with alcohol charges.
What to Do After a DWI Arrest
- Stay calm and be polite — do not argue with the officer.
- Exercise your right to remain silent beyond basic identifying information.
- Do not discuss the incident with anyone except your attorney.
- Note the time of your last drink, what you consumed, and the timeline of events.
- Call an attorney immediately — the sooner you have counsel, the more options remain available.
Defense Strategies
Every DWI case has weaknesses. The job of a defense attorney is to find them.
Challenge the Traffic Stop
Police must have reasonable suspicion to stop your vehicle. An unlawful stop can result in suppression of all evidence gathered afterward.
Attack the Breathalyzer
Breathalyzer machines require calibration and proper operation. Errors in maintenance records or testing procedure can invalidate BAC results.
Field Sobriety Test Defects
Standardized field sobriety tests are inherently subjective and affected by road conditions, lighting, footwear, and medical conditions.
Rising Blood Alcohol Defense
Blood alcohol continues to rise after your last drink. If significant time passed between driving and the test, your BAC at the time of driving may have been lower.
Procedural Violations
Law enforcement must follow strict protocols. Failure to properly administer chemical tests or advise you of your rights can be grounds for dismissal.
Negotiate for Reduced Charges
Even where a full dismissal is not possible, reduced charges — such as DWAI instead of DWI — significantly reduce penalties, points, and long-term consequences.
NY DWI Penalties
These are maximum statutory penalties. Actual sentences vary based on circumstances, prior record, and the strength of your defense.
| Charge | Classification | Jail | Fine | License |
|---|---|---|---|---|
| DWAI (1st) | Violation | Up to 15 days | $300–$500 | 90 days |
| DWI (1st) | Misdemeanor | Up to 1 year | $500–$1,000 | 6 months |
| Aggravated DWI (1st) | A Misdemeanor | Up to 1 year | $1,000–$2,500 | 1 year |
| DWI (2nd in 10 yrs) | E Felony | Up to 4 years | $1,000–$5,000 | 1 year min. |
| DWI (3rd in 10 yrs) | D Felony | Up to 7 years | $2,000–$10,000 | 1 year min. |
Don't Face a DWI Charge Alone
29 years of DWI defense in Western NY courts. Call now for a free, confidential consultation.