A DWAI charge in Kings County (Brooklyn) under NY VTL § 1192 carries serious penalties, including potential jail time and license suspension. Law Offices Of SRIS, P.C., led by former prosecutor Mr. Sris, has handled thousands of cases firm-wide. Contact us to discuss your defense.
Last verified: April 2026 | Kings County Supreme Court | NY VTL § 1192 (official New York State Senate)
In New York, a Driving While Ability Impaired (DWAI) charge is defined under NY Vehicle and Traffic Law (VTL) § 1192. This offense is distinct from a DWI (Driving While Intoxicated) and applies when a person operates a motor vehicle while their ability is impaired by the consumption of alcohol, drugs, or a combination of both. Unlike a DWI, which requires a blood alcohol content (BAC) of 0.08% or higher, a DWAI can be charged with a BAC between 0.05% and 0.07%. For commercial drivers, the threshold is lower. A DWAI conviction is a traffic infraction, not a criminal misdemeanor, but it still carries significant consequences that can impact your driving record and finances.
For more information on the specific statutes, you can review the NY VTL § 1192 (official New York State Senate) and the procedures at the Kings County Supreme Court website.
- Step 1: Secure Your Rights. Do not discuss the details of your case with anyone other than your lawyer. Your first phone call should be to SRIS, P.C.
- Step 2: Review the Evidence. Your attorney will obtain the police report, dashcam footage, and any breathalyzer or field sobriety test results to identify procedural errors.
- Step 3: Challenge the Stop. A key defense is often whether the officer had reasonable suspicion to pull you over. If the initial stop was unlawful, evidence may be suppressed.
- Step 4: Negotiate with the DA. Your lawyer will engage with the Kings County District Attorney’s office to explore a reduction to a lesser violation, such as a traffic infraction.
- Step 5: Prepare for Hearing. If a deal cannot be reached, your case will proceed to a hearing at the Kings County Supreme Court, where your attorney will present your defense.
In Kings County (Brooklyn), a first-offense DWAI carries a fine of $300 to $500 and a possible 15-day jail sentence.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| First DWAI | Traffic Infraction | Up to 15 days | $300 – $500 | 90-day suspension | Driver Responsibility Assessment ($100/year for 3 years) |
| Second DWAI (within 5 years) | Traffic Infraction | Up to 30 days | $500 – $750 | 6-month revocation | Possible ignition interlock device requirement |
| Third DWAI (within 10 years) | Traffic Infraction | Up to 90 days | $750 – $1,500 | 6-month revocation | Mandatory alcohol assessment and treatment program |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, a former prosecutor who brings invaluable insight to your defense. With over 120 years of combined legal experience and more than 4,739 documented case results firm-wide, our team understands the nuances of New York traffic law. Mr. Sris is admitted to the bar in New York, New Jersey, Virginia, Maryland, and Washington D.C., allowing us to serve clients across multiple jurisdictions. Our firm-wide favorable outcome rate of over 93% reflects our commitment to aggressive and strategic representation.
While specific case results for Kings County are not available, Law Offices Of SRIS, P.C. has a firm-wide track record of 4,739+ documented case results with over 93% favorable outcomes across New York, Virginia, Maryland, New Jersey, and Washington D.C. This experience includes numerous traffic and DWI-related cases where charges were reduced or dismissed.
Results may vary. Prior results do not guarantee a similar outcome.
Our New York location serves clients at Kings County (Brooklyn) courts, accessible via the BQE (I-278), Atlantic Ave, and Flatbush Ave. We are near the Brooklyn Courthouse (Jay St) and Barclays Center.
We serve all neighborhoods in Brooklyn, including Downtown, Williamsburg, Park Slope, DUMBO, Brooklyn Heights, Bushwick, Crown Heights, Flatbush, Bay Ridge, Bed-Stuy, Bensonhurst, Coney Island, Brownsville, and Sunset Park.
If you are searching for a dwai lawyer near me Kings County, we are available to help.
24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (838)-292-0003 — meetings by appointment only.
Does a DWAI in New York result in a criminal record?
No. A DWAI is a traffic infraction, not a criminal misdemeanor. It will not appear on your criminal record. However, it will remain on your driving record for 10 years and can affect your insurance rates.
What is the difference between a DWAI and a DWI in Kings County?
A DWI requires a BAC of 0.08% or higher, while a DWAI can be charged with a BAC between 0.05% and 0.07%. A DWI is a misdemeanor, while a DWAI is a traffic infraction with less severe penalties.
Can I get a DWAI charge reduced in Brooklyn?
It depends. The Kings County District Attorney’s office may offer a reduction to a lesser violation, such as a parking ticket, especially for first-time offenders. An experienced lawyer can negotiate for this outcome.
How long will a DWAI affect my insurance in New York?
A DWAI conviction will typically cause your insurance rates to increase for 3 to 5 years. You may also be required to file an SR-22 form, which is a certificate of financial responsibility, for a period of time.
Is it worth hiring a lawyer for a DWAI in Kings County?
Yes. A lawyer can challenge the validity of the traffic stop, the accuracy of the breathalyzer test, and negotiate with the prosecutor. This can lead to a reduction in charges or a dismissal, saving you money on fines and insurance.
What should I do if I am pulled over for a suspected DWAI in Brooklyn?
Be polite and provide your license and registration. You have the right to remain silent. You can politely decline to answer questions about where you have been or how much you have had to drink. Contact a lawyer immediately.
For more information on traffic law in New York, visit our New York Traffic Lawyer hub page. If you are in a neighboring area, you can also see our Albany County Traffic Lawyer page. For other legal needs in Kings County, we also offer DUI Lawyer Kings County services.
Learn more about our lead attorney on his attorney profile page.
Last verified: April 2026. Information is current as of this date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.