Brooklyn
DWI Lawyer
Brooklyn DWI Attorney
Driving while intoxicated is one of the most heavily prosecuted offenses in Brooklyn, and New York law gives prosecutors little room to go easy, even on a first arrest with no prior record. A conviction can mean jail time, a lengthy license revocation, and a permanent mark on your record that follows you into future job and housing applications.
If you are facing a DWI charge in Brooklyn, the Law Offices of Robert Tsigler, PLLC can start building your defense immediately. Contact our Brooklyn DWI lawyer now.
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Why Brooklyn Drivers Trust the Law Offices of Robert Tsigler After a DWI
When you are facing a DWI charge, you need a legal team with a proven track record. Robert Tsigler has earned top ratings on sites like Avvo, Martindale-Hubbell, and Super Lawyers. These ratings are based on actual feedback from clients and other attorneys.
We don’t just handle local DWI cases; we fight for results. Our attorneys have successfully helped clients reduce serious felony charges to misdemeanors, saving them from jail time and protecting their careers. While every case is different and past results don’t guarantee the same outcome, our experience shows we know how to challenge tough charges.
Robert Tsigler also gained early experience interning at the Kings County District Attorney’s Office, where he helped prosecute hundreds of misdemeanor and felony cases. This means he knows exactly how the people charging you build their case, and how to spot the weaknesses in it.
We have offices throughout the city, and we are available 24/7. When you are arrested, quick decisions can change the outcome of your case. Our DWI attorneys in Brooklyn are ready to help the moment you need us.
Prior results do not guarantee a similar outcome.
If you have been charged with DWI/DUI, contact an aggressive Brooklyn criminal defense attorney at 718-878-3781. Begin your case with a consultation!
New York DWI Offenses
There are seven main categories of impaired driving offenses in New York, based on the type of intoxication, level of intoxication, age while driving, and whether the driver refused a breathalyzer or other chemical test after being pulled over. These categories include a zero-tolerance classification for anyone found driving under the influence of drugs or alcohol while under the legal drinking age of 21.
If you have been charged with DWI/DUI, contact an aggressive Brooklyn intoxicated driving attorney at 718-878-3781. Begin your case with a consultation.
Potential Penalties for a DWI Conviction in Brooklyn, NY
New York prosecutors are known for their tough stance on driving while under the influence and often seek harsh penalties. The table below summarizes the mandatory minimums for the most common charges; actual sentencing varies by the facts of the case, prior record, and whether the matter is resolved by plea or trial.
Offense | Mandatory Fine | Max Jail | License Action |
DWAI (Ability Impaired – Alcohol), violation | $300 – $500 | 15 days | Suspended 90 days |
DWI or DWAI-Drug, 1st offense (misdemeanor) | $500 – $1,000 | 1 year | Revoked ≥ 6 months |
Aggravated DWI (.18+ BAC), 1st offense | $1,000 – $2,500 | 1 year | Revoked ≥ 1 year |
2nd DWI/DWAI-Drug in 10 years (felony) | $1,000 – $5,000 | 4 years | Revoked ≥ 1 year |
3rd DWI/DWAI-Drug in 10 years (felony) | $2,000 – $10,000 | 7 years | Revoked ≥ 1 year |
Chemical test refusal | $500 civil penalty | N/A | Revoked ≥ 1 year |
Source: New York State Department of Motor Vehicles, “Penalties for Alcohol or Drug-Related Violations,” 2026.
On top of the fines and jail time above, a conviction carries a mandatory surcharge (currently $395 for a misdemeanor or $520 for a felony, plus $5 if the conviction occurs in a town or village justice court). Any DWI, DWAI, or Aggravated DWI conviction also carries a Driver Responsibility Assessment of $250 per year for three years, payable directly to the DMV. Refusing a chemical test carries the same fee.
A driver may be eligible for a conditional license to continue traveling to work. However, anyone convicted of DWI, Aggravated DWI, DWAI-drug, or DWAI-Combination must install an ignition interlock device (IID) on any vehicle they own or operate under Leandra’s Law. The lowest-tier DWAI-alcohol violation does not carry this same mandatory IID requirement. The license may be revoked if the driver fails to comply with the terms of their sentence or is convicted of a subsequent offense.
What Happens After a DWI Arrest in Brooklyn
A DWI arrest in Brooklyn moves on two tracks at once — a criminal case and a separate DMV license proceeding — and both start almost immediately.
Arraignment. Misdemeanor DWI arrests are arraigned at Brooklyn Criminal Court, 120 Schermerhorn Street, Brooklyn, NY 11201 (near Livingston and Smith Streets). Arraignments run seven days a week, from 9:00 a.m. to 1:00 a.m. If the charge is elevated to a felony, the case is transferred to Brooklyn Supreme Court at 320 Jay Street.
License suspension at arraignment. Under New York’s Prompt Suspension Law, a judge must suspend your license right at arraignment if you are charged with DWI, Aggravated DWI, or DWAI-Combination and the prosecution presents a certified chemical test result showing a BAC over the legal limit, or if you have a qualifying prior alcohol-related conviction within the preceding five years. This rule does not apply if you are only charged with DWAI-alcohol or DWAI-drugs.
Refusal hearings. If you refused the chemical test, the court temporarily suspends your license at arraignment and the DMV must schedule a separate Refusal Hearing before an administrative law judge within 15 days. That hearing is independent of the criminal case: losing it can mean a minimum one-year license revocation and a $500 civil penalty even if the underlying DWI charge is later reduced or dismissed.
Because the criminal case and the DMV case move on separate, overlapping clocks, missing a deadline in either one can cost you driving privileges before the criminal matter is ever resolved. An attorney who regularly works on DWI cases can make sure both tracks are handled together from day one.
FAQs About Brooklyn, NY DWI Laws
Do I Need a Lawyer for a DWI in NY?
Hiring a criminal defense attorney specializing in DWI cases to manage your case gives you the best chance to avoid the maximum penalties. A DWI lawyer in Brooklyn can thoroughly investigate every stage of your arrest, booking, and chemical BAC testing to ensure law enforcement officials followed proper protocol and did not violate your rights. In addition, an attorney has the legal knowledge and skill to identify weaknesses in the case against you and build a formidable defense to obtain lower charges, negotiate for reduced penalties to mitigate the consequences of a conviction, or even have your case dismissed entirely.
How Much Does a DWI Lawyer Cost in Brooklyn?
The cost of hiring a DUI attorney in Brooklyn, NY, depends on the attorney’s background, the charges filed against you, your criminal history, the material facts of the case, the resources and time required to mount an effective defense, and whether your case ends in a plea agreement or goes to trial. Attorneys with more experience handling DWI cases charge more than novice attorneys, but this is reflected in their higher skill level. In addition, you will spend more on attorney fees if you are charged with a felony, have been convicted of prior DWI charges, or your offense involved aggravating factors, such as a car accident that causes serious bodily injury.
What Should You Ask When Hiring a Brooklyn DWI Lawyer?
Some of the most important questions to ask a potential Brooklyn DWI lawyer include:
- What kind of experience do you have representing clients charged with DWIs?
- How responsive are you to client communication?
- Have you handled any cases similar to mine?
- If so, how did you resolve them?
- What are the strengths and weaknesses of my case?
- Do you think it will be possible to secure a plea agreement?
- Should we take my case to trial?
- How do I pay for your services?
Can a DWI Be Dismissed in NY?
Yes, a DWI charge can be dismissed, though it isn’t guaranteed and depends on the specific facts of the arrest. Dismissal typically comes from a legal or procedural weakness in the case rather than the charge itself, such as:
- You were not operating your vehicle at the time of the traffic stop.
- The arresting officer did not have reasonable suspicion to pull you over.
- The officer did not have probable cause to arrest you on suspicion of DWI.
- Law enforcement officials failed to follow the required protocol for chemical BAC testing, such as regularly recalibrating breath devices or properly storing blood samples.
- Your BAC was below the legal limit when you were operating your vehicle but increased by the time of your blood test due to rising blood alcohol levels.
If any of these apply to your arrest, an attorney can raise it as part of your defense.
Protect Your Freedom with a DWI Defense Lawyer in Brooklyn, NY
A conviction for an impaired driving charge can significantly impact nearly every aspect of your life. Even after you pay the mandatory fines, serve jail time, and fulfill any other terms of your sentence, a criminal record can pose many obstacles for your career and your personal life.
Fighting a DWI, DWAI, or related charge without legal guidance puts you at a real disadvantage. An experienced Brooklyn attorney can identify defenses and procedural issues you’re unlikely to catch on your own.
As one of New York’s respected criminal defense firms, the Law Offices of Robert Tsigler can provide you with the comprehensive, individualized, and compassionate legal representation you need to pursue the best possible outcome in your case. Contact us today to schedule a consultation with a Brooklyn DWI lawyer.
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Our DUI Attorneys at Robert Tsigler, PLLC are Ready to Fight for You!
Getting representation as soon as possible following any DWI or DUI-related charge is the best way to promote a positive result from a subsequent trial. These charges are considered very serious and can result in expensive fines, the loss of driving privileges or professional licenses, and even incarceration. Only an experienced Brooklyn DWI lawyer can successfully defend your case.
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