DWI Lawyer New York — What Are Your Defense Options?
A DWI charge in New York County (Manhattan) is a serious misdemeanor under NY VTL § 1192, carrying up to 1 year in jail, fines, and license revocation. The Law Offices Of SRIS, P.C., with over 120 years of combined attorney experience, provides a strong defense for those facing driving while intoxicated charges.
Last verified: April 2026 | New York County Supreme Court | New York State Legislature
New York DWI Law and Penalties
In New York, Driving While Intoxicated (DWI) is defined under Vehicle and Traffic Law (VTL) § 1192. A person is guilty of DWI if they operate a motor vehicle with a Blood Alcohol Concentration (BAC) of 0.08% or higher (§ 1192.2), or while in an intoxicated condition (§ 1192.3). The law also defines Driving While Ability Impaired (DWAI) and Aggravated DWI for BAC levels of 0.18% or higher. The Law Offices Of SRIS, P.C., founded in 1997 by former prosecutor Mr. Sris, focuses on building defenses against these charges.
For official statute text, see NY VTL § 1192 (official New York State Senate). Court procedures are handled at locations like the New York County Supreme Court.
- Secure legal representation immediately after arrest to advise on the DMV refusal hearing and criminal arraignment.
- Your attorney will request discovery from the prosecution to review police reports, breathalyzer calibration records, and video evidence.
- File for a conditional hardship license hearing with the DMV if your license is suspended at arraignment.
- Negotiate with the District Attorney’s office, potentially seeking a reduction to a non-criminal violation or an Adjournment in Contemplation of Dismissal (ACD).
- Prepare for trial, challenging the legality of the traffic stop, the administration of field tests, or the accuracy of chemical test results.
In New York County (Manhattan), a first-offense DWI carries a fine of $500-$1,000, up to 1 year in jail, 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) | Misdemeanor | Up to 1 year | $500-$1,000 | Min. 6-month revocation | Ignition Interlock, 3-year DRA |
| Aggravated DWI (BAC 0.18+) | Misdemeanor | Up to 1 year | $1,000-$2,500 | Min. 1-year revocation | Enhanced fines & interlock |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with DWI Defense in New York
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys bring a combined 120+ years of legal experience to every case. We understand the severe consequences of a DWI conviction, from license loss to increased insurance costs and employment challenges. Our approach involves a detailed review of every aspect of your arrest and the evidence against you.
While specific case counts for New York County are not published, our firm-wide practice has documented over 4,739 case results with a favorable outcome rate exceeding 93%. We apply this extensive experience to defending clients against impaired driving charges in New York.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — New York
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
By appointment only. 24/7 phone consultations.
Our New York location serves clients in Manhattan and surrounding areas. We represent individuals at courts throughout New York County. Our firm is accessible from major transit lines including all subway lines, Metro-North, and PATH. We serve neighborhoods across Manhattan, including Midtown, Lower Manhattan, the Upper East and West Sides, Harlem, Greenwich Village, SoHo, Tribeca, Chelsea, Hell’s Kitchen, the East Village, the Financial District, Chinatown, Washington Heights, and Inwood. For a DWI lawyer near New York County Supreme Court, contact us to schedule a consultation.
DWI Lawyer New York FAQ
What is the difference between DWI and DWAI in New York?
Yes, there is a key difference. DWI (Driving While Intoxicated) is a misdemeanor for a BAC of 0.08% or higher. DWAI (Driving While Ability Impaired) is a traffic infraction for a BAC above 0.05% but below 0.07%, or showing impairment. Penalties for DWI are more severe.
Will I lose my license immediately after a DWI arrest in New York?
Yes, typically. At your arraignment, the court will suspend your license pending prosecution. You have 15 days to request a DMV refusal hearing. An attorney can also petition for a conditional hardship license for driving to work, school, or medical appointments.
Can I plead a DWI down to a non-criminal charge in New York County?
It depends on the facts of your case, your driving history, and the evidence. Prosecutors may sometimes offer a reduction to DWAI or an Adjournment in Contemplation of Dismissal (ACD) for first-time offenders, which results in dismissal after a period of good behavior. An experienced driving while intoxicated defense lawyer New York can negotiate on your behalf.
What is the Driver Responsibility Assessment (DRA)?
The DRA is a mandatory fee imposed by the NY DMV upon a DWI or DWAI conviction. It is $250 per year for three years, totaling $750. This is separate from any court fines, making the total financial cost of a conviction significantly higher.
Should I refuse a breath test if stopped for a DWI in New York?
It depends, but refusal carries serious consequences. New York has implied consent laws. Refusing a chemical test leads to an automatic one-year license revocation and a separate DMV refusal hearing. Evidence of refusal can also be used against you in court. Consult with an impaired driving charge lawyer New York immediately for case-specific advice.
For more information, see our New York DUI Lawyer hub page. We also assist clients in Albany County and with business law matters in Manhattan.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.