DWI Lawyer Kings County (Brooklyn), NY — What Are Your Defense Options?
A DWI in Kings County (Brooklyn) is a misdemeanor under NY VTL § 1192, carrying up to 1 year in jail, fines, and license revocation. Law Offices Of SRIS, P.C. provides a strong defense for your driving while intoxicated case. Our firm, founded in 1997, has over 120 years of combined legal experience. We offer 24/7 phone consultations at (888) 437-7747.
New York DWI/DWAI Law and Penalties
In New York, driving while intoxicated (DWI) and driving while ability impaired (DWAI) are defined under Vehicle and Traffic Law (VTL) § 1192. The statute outlines several offenses based on blood alcohol concentration (BAC) and impairment. A standard DWI (VTL § 1192.2) is a per se violation for operating a vehicle with a BAC of 0.08% or higher. DWAI (VTL § 1192.1) applies when a driver is impaired to any extent by alcohol, with a lower BAC threshold. Aggravated DWI (VTL § 1192.2-a) applies for a BAC of 0.18% or higher, and Leandra’s Law creates felony charges if a child under 15 is in the vehicle.
Last verified: April 2026 | Kings County Supreme Court | New York State Legislature
Official Legal Resources
For the official text of the law, refer to NY VTL § 1192 (official New York State Senate). Court information and procedures for Kings County can be found at the Kings County Supreme Court website.
Handling a DWI Case in Kings County
Your case begins with an arraignment in Kings County Criminal Court or a local court. Prosecutors in Brooklyn courts routinely seek standard penalties, but early intervention by a skilled impaired driving charge lawyer Kings County can identify weaknesses. The DMV will also initiate a separate administrative proceeding regarding your license.
- Arraignment & Plea: You will be formally charged and enter a plea of not guilty.
- DMV Refusal Hearing: If you refused a chemical test, you must request a hearing within 15 days to contest license revocation.
- Discovery & Motions: Your attorney will obtain evidence (police reports, video) and may file motions to suppress evidence.
- Plea Negotiations or Trial: Most cases are resolved through negotiation. If no agreement is reached, your case proceeds to a bench or jury trial.
- Sentencing or Conditional License: If convicted, you face court penalties. You may also apply for a conditional license for work, school, or medical care.
Potential Penalties for DWI in Kings County
In Kings County (Brooklyn), a first-offense DWI carries up to 1 year in jail, a fine of $500 to $1,000, and a minimum 6-month license revocation.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| DWAI (1st) | Traffic Infraction | Up to 15 days | $300 – $500 | 90-day suspension | Driver Responsibility Assessment |
| DWI (1st – BAC 0.08+) | Misdemeanor | Up to 1 year | $500 – $1,000 | Min. 6-month revocation | Ignition Interlock, DRA |
| Aggravated DWI (BAC 0.18+) | Misdemeanor | Up to 1 year | $1,000 – $2,500 | Min. 1-year revocation | Enhanced penalties, Ignition Interlock |
| DWI with Child (Leandra’s Law) | Class E Felony | Up to 4 years | $1,000 – $5,000 | Revocation | Ignition Interlock, possible probation |
Results may vary. Prior results do not guarantee a similar outcome.
Our Firm’s Experience in DWI Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm-wide experience spans over 120 combined years, with a documented history of handling complex traffic and criminal matters. We understand the immediate and long-term consequences a DWI charge can have on your driving privileges, employment, and family. Our approach is to examine every detail of your stop, arrest, and testing procedures to build a case-specific defense strategy.
Case Results and Client Advocacy
While specific case counts for Kings County are not published, our firm has handled 4,739+ documented case results across Virginia, Maryland, New Jersey, New York, and Washington D.C., with a favorable outcome rate exceeding 93%. Every case is unique, and we dedicate our resources to seeking the best possible resolution, whether through dismissal, reduction of charges, or favorable plea agreements.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our DWI Lawyer Kings County Team
Our New York location serves clients in Kings County (Brooklyn). We are accessible from major routes including the BQE (I-278), Atlantic Ave, and Flatbush Ave. We represent clients from neighborhoods across Brooklyn, including Downtown, Williamsburg, Park Slope, DUMBO, Brooklyn Heights, Bushwick, Crown Heights, Flatbush, Bay Ridge, Bed-Stuy, Bensonhurst, Coney Island, Brownsville, and Sunset Park.
Availability: 24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C. — Buffalo, NY
50 Fountain Plaza, Suite 1400, Buffalo, New York 14202 Office No. 142, Buffalo, NY 14202, United States
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
By appointment only.
Frequently Asked Questions
What is the difference between DWI and DWAI in New York?
Yes, there is a key difference. DWI (Driving While Intoxicated) is charged when your BAC is 0.08% or higher, or you show other signs of intoxication. DWAI (Driving While Ability Impaired) is charged for a lower level of impairment, with a BAC between 0.05% and 0.07%, or observed impairment. Penalties for DWAI are generally less severe than for DWI.
Will I lose my license immediately after a DWI arrest in Brooklyn?
It depends. If you refuse a chemical test, your license will be suspended immediately at arraignment. For a test failure (BAC 0.08%+), you will receive a temporary suspension notice. You have the right to a DMV refusal hearing within 15 days to challenge the suspension. A driving while intoxicated defense lawyer Kings County can guide you through this process.
Can I get a conditional license after a DWI conviction in New York?
Yes, in many cases. You may be eligible for a conditional or “hardship” license that allows driving for work, school, medical appointments, and child care. Eligibility requires enrollment in the Impaired Driver Program (IDP). An attorney can help you apply through the DMV after a conviction.
What is Leandra’s Law?
Leandra’s Law (VTL § 1192.2-a) makes it a Class E felony to drive drunk with a passenger under the age of 15. Conviction mandates ignition interlock device installation on any vehicle you own or operate, and carries penalties of up to 4 years in state prison. This is a serious charge requiring immediate legal help from a DWI lawyer Kings County.
How long does a DWI case take in Kings County Supreme Court?
The timeline varies. An arraignment happens within 24 hours of arrest. A DMV hearing must be scheduled within 15 days of a refusal. The criminal case itself can take from 3 to 12 months to resolve, depending on factors like evidence complexity, motions filed, and whether the case goes to trial.
Internal Resources
For more information, visit our New York DUI/DWI Lawyer hub page. We also assist with related legal matters in Kings County, such as business law and federal criminal defense. Learn more about our firm at our New York location page.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.