NYC
DWI Lawyer
DWI Attorney in New York City
In New York, driving while intoxicated (DWI) or driving under the influence (DUI) is a serious offense. The state also charges offenses like driving while ability impaired (DWAI) or, if a combination of alcohol and drugs has been consumed, a Drug-DWAI. When you’re facing allegations of any of these offenses in New York, do not wait to retain a NYC DWI lawyer who can advocate for your criminal defense case.
Hire a DWI Lawyer in NYC
When your future is at stake because of a DWI charge, you don’t want to entrust your case to someone inexperienced. You need a dedicated, compassionate, and fierce legal firm, like the Law Offices of Robert Tsigler, PLLC. Our experienced NYC DWI lawyers offer exceptional legal guidance at each step of your DWI case, and we work for the ideal outcome in your case. We meet the needs of our clients first.
We know that every case is filled with unique needs that need a unique defense, and DWI is no different. We do not believe in using a one-size-fits-all approach. We take time to understand our clients because the outcome of the case will have lasting impacts on their future. Bringing our team’s knowledge and experience to your case, however, can provide the support you deserve to confidently pursue an acquittal, a reduction of charges, or a dismissal of your case.
Some of the benefits when you work with our firm include:
- 24/7 availability to quickly address your needs, including late-night court appearances
- Legal services with multilingual access
- Experience in state and federal courts, including the Manhattan Criminal Court for New York County
- Quick returns on calls and emails
- Experience from thousands of cases
- A record of successful cases
We help you determine the right defense for your unique case. Our team thoroughly investigates the circumstances leading to your arrest. Just because you failed a breathalyzer test does not mean you are guilty. Even burping can skew the results of that specific test, making it a piece of evidence against you that is not entirely reliable.
Similarly, standard field sobriety tests have also been proven to be less-than-reliable means of determining whether someone is intoxicated. Our New York DUI/DWI attorney can challenge the evidence against you and work for the outcome you deserve on your behalf.
DWI cases can be overwhelming, but you don’t have to face them alone. Our experienced and exceptional team can help you protect your future.
Factors Impacting Impairment in NYC DWI Cases
Not everyone experiences alcohol impairment the same way. There are many factors to consider when determining whether a person is impaired in New York City. While the amount of alcohol is the major contributing factor, other variables are also present.
The following factors can impact impairment:
- The amount of alcohol consumed
- The amount of non-alcoholic food and beverages consumed before, during, and after alcohol
- The duration of alcohol consumption
- Your gender
- Your body weight and physical composition
DWAI, DWI, and Drug-DWI offenses describe when a person drives under the influence of illicit drugs or prescription painkillers. New York State focuses on the driver’s level of impairment when judging the severity of the DWI or DWAI, and this partially relies on their blood alcohol content. A DWI charge can be applied anytime you are under the influence of a substance that can significantly impair your ability to drive safely and react to sudden traffic changes.
If you are impaired, it is important to avoid operating a motor vehicle. Practicing safe operation of a vehicle can avoid costly accidents. If you are appropriately operating a vehicle and are issued a DUI, be sure that you speak with a lawyer right away. They will verify the traffic stop was legal, that your rights were not violated, and that any sobriety or blood tests were appropriately administered by calibrated equipment and by properly trained professionals.
NYC DWI Defense Case Results
Felony DWI Reduction & Career Preservation
Court: Queens County Criminal Court
The Situation: Facing an E-Felony DWI charge due to prior history, the client was at risk of a permanent felony record and mandatory incarceration. As a federal employee with Customs and Border Protection, a conviction would have resulted in immediate termination and loss of pension eligibility. The case was further complicated by chemical test refusal issues.
The Defense: Our firm conducted an exhaustive forensic review of body-worn camera footage, identifying critical Miranda violations and a lack of direct evidence regarding the operation of the vehicle. We aggressively challenged the prosecution’s evidence while simultaneously securing a hardship license, which allowed the client to maintain his employment throughout the 9-month legal process.
Timeline: Resolved in approximately 9 months
The Victory: The felony was vacated and reduced to a misdemeanor. The client avoided all jail time, saved his federal career and pension, and satisfied all court requirements without a felony conviction.
If you have been charged with DWI/DUI, contact an aggressive New York criminal defense attorney at 718-878-3781. Begin your case with a consultation!
What Is Your Blood Alcohol Content (BAC)?
Blood alcohol content, also known as BAC, is how much alcohol is currently in an individual’s bloodstream. A BAC reading allows police to know how intoxicated an individual is. The legal limit is at or below .08 percent for every state. This limit is meant to protect others from individuals who may be operating a vehicle while their cognitive and physical abilities are impaired.
Even without meeting this BAC legal limit, you could be charged with a DWAI or DWI. If a driver has a blood alcohol content between .04 and .07, or they show evidence that they have been mentally or physically impaired, they can be subject to a DWAI charge.
How Is BAC Calculated at a Traffic Stop in NYC?
Calculating BAC is done with a breathalyzer device by the police. The impaired individual breathes into the device, and it measures how much alcohol is in the bloodstream in decimal form. A BAC of 0 indicates no alcohol content. Any number above this indicates some level of alcohol impairment. Impairment impacts driving in many ways:
Impairment begins at levels as low as .02. At this level, individuals tend to experience a rise in body temperature and begin to relax more than usual, which can impair reaction time and decrease visual functions. It’s also more difficult for a person to do two things at the same time.
At .05 percent BAC, an individual can be charged with DWAI, which is a lesser charge and version of DWI. This level of impairment can include exaggerated behavior, lower levels of alertness, and difficulty with steering and slower response time to distractions or changes on the road.
At .08 percent, which is the threshold for a conviction of driving while intoxicated, muscle coordination required for balance, speech, and reaction time slows, and it is more difficult to exercise self-control or wise judgment. It’s not as easy to stop suddenly, and it’s common to have difficulty staying in your lane.
BAC helps law enforcement to determine whether a person can be charged with the offense, but offenses can be charged even if you are not technically over the legal limit. It’s important in these situations that you have an attorney who can argue against an officer’s claims of impaired driving.
What Is the Zero Tolerance DUI Law
The zero-tolerance DUI law applies to drivers under the age of 21 who are charged with driving while impaired or intoxicated. Those under 21 can be charged with a DWI if there is any measurable alcohol or other substance impairing their driving ability.
Drinking while under the age of 21 is illegal in all 50 states and in the District of Columbia. You make matters worse when you decide to drive while under the influence of alcohol. If you’re pulled over and it is determined that you’ve been drinking and driving, you’ve got a new set of worries to deal with. The risk is greater than it is for adults who opt to drink and drive.
There are two punishable offenses: underage drinking and DUI. The law frowns upon both. If you get convicted of a DUI under the Zero Tolerance law, you’re subject to punishment by your state. These offenses can lead to jail time, a fine, or both.
The reason there are such strict laws against it has to do with the number of accidents that occur with drivers under the age of 21. Night-time crashes involving a single car decreased in many states after “Zero Tolerance” was adopted.
The Consequences of a Zero-Tolerance DWI
A DWI stays on your driving record even after you’re of legal age. The long-term implications are not worth the hassle. A DUI can make it difficult for you to find a job or even be trusted with a vehicle. If you were driving with passengers in the car, there is a good likelihood that the individuals or the parents of the underage riders will not want them to ride with you again.
Tarnishing your reputation and breaking the law is not worth the risk. Young people who want to drink should wait until they’re of age to do so. Even then, they should be responsible enough to find a designated driver who has not had alcohol to drive them home. Hiring a taxicab or rideshare service is advisable for drinkers of legal age.
Can I Be Arrested for a DWI in a Non-Moving Vehicle?
Even if you aren’t driving, sitting in a non-moving, parked car while drunk can lead to arrest; the assumption is often made that if you are sitting behind the wheel, even if the vehicle is stopped, you have the means and access to move the vehicle or did move it to its present location.
Driving while intoxicated implies someone took to the roads in an inebriated state. In most instances, this is the case for someone who has been arrested for a DWI. However, a person does not need to be driving to be charged with a DWI offense. In New York, the law prohibits operating a vehicle while intoxicated, and it’s important to work with an experienced attorney to protect your rights if you are arrested while you are in a non-moving vehicle.
The Possibility of Dangerous Driving
The possibility of being charged for sitting in a parked vehicle while under the influence can seem unfair. These changes can happen because concerns exist that someone intoxicated can start a car, even if they are not driving at present. All the person must do is turn the key in the ignition and pull away from the parking spot. In doing so, the driver then creates an obvious and dangerous hazard.
In New York State, more than 30% of fatal vehicle accidents involved alcohol. Drunk driving can cause serious injury and death to the driver and others on the road. Police officers take the potential to drive away with the vehicle into consideration when discovering a drunk person inside a car.
In 2024, there were 2,900 arrests for DWI offenses in New York City. In the same year, there were 2,062 convictions for DWI offenses in the city. The city harshly prosecutes impaired driving offenses because of the serious outcomes of collisions, but an arrest doesn’t automatically mean you will be convicted.
Does Being Arrested for a DWI in New York Mean You’re Guilty?
Although the police may arrest someone who is intoxicated and seated in a vehicle, an arrest does not automatically mean a jury would find the person guilty beyond a reasonable doubt. The case might never even reach the trial stage. A judge could dismiss the charges, or the charges may be withdrawn.
Other issues could complicate matters for the prosecution. Factors such as whether the police truly had probable cause or whether any illegal searches occurred can influence the case. An NYC DWI defense attorney can probe the case to determine if any rights were violated or if the arrest was an outright false one.
Sobriety Tests During a DWI Stop and Arrest
Three different types of sobriety tests might be performed by an arresting officer. These include:
Field sobriety test. In this test, the officer might ask the person to walk a straight line or state the alphabet backward.
Screening test. Screening tests are administered using portable breath tests.
Chemical test. Chemical tests are designed to detect the blood alcohol concentration of a person by using their blood. A chemical test must occur in the two-hour period following the arrest.
It’s possible for false readings to occur with a breath test, both the portable screening test and a breath chemical test, after arrest. Breath sprays, cough syrup, and mouth washes all have the potential to produce a false reading. It’s also possible for a person’s body temperature to affect the reading. Depending on the circumstances, a New York State court might throw out the results of a breath test because of its unreliability.
This is part of the reason that hiring a defense attorney is critical. Defense attorneys understand the way that DWI and DWAI cases are tried. They can ask the right questions, analyze the facts of your case, and make sure that all the rules were followed when your breath test was administered.
There are several options available for people who have been charged with DWAI. When you get in contact with an attorney, they can help you understand your options and make a united decision going forward. The Law Offices of Robert Tsigler, PLLC, are staffed with experienced DWI attorneys who can help you navigate the complexities of the New York legal system.
If you have been charged with DWI, contact an aggressive New York DWI defense attorney at 718-412-8147. Begin your case with a consultation!
The Importance of Hiring a DWI Attorney in New York
It is very important to hire a DWI lawyer in New York. A DWI lawyer can assist you in many ways, including:
Represent you during civil proceedings, including a DMV hearing, to determine whether your driver’s license should be revoked. These civil proceedings are separate from any criminal charges that you may face and often vary from case to case.
Gather pertinent evidence for your DMV hearing and start building your defense, which can later be used in your criminal trial.
Represent you in court and negotiate with prosecutors during your criminal proceedings to work toward getting your charges reduced or dropped. They can advocate for you to get alternative sentencing measures, such as community service or driver’s education courses, instead of time in jail or prison.
Depending on the details of your case and your criminal history, a New York DWI attorney can help optimize your overall case outcomes.
How DWIs Are Charged in New York
Approximately one in three traffic deaths in New York state involves someone driving while under the influence (DUI) of alcohol or drugs. This is why prosecutors harshly pursue DWI cases and impose severe penalties. DWAI and DWI charges and penalties depend on the severity of the offenses, prior convictions, and other factors. If your case has any mitigating factors, these will be taken into consideration for any potential conviction. Penalties include:
DWAI first offense. A first-time DWAI offense can lead to between $300 and $500 in fines and up to 15 days in jail. Driving privileges can also be suspended for 90 days.
DWI first offense. For a first-time offense, a person with a DWI might face fines between $500 and $1,000. There’s also potential for up to one year spent in jail, along with loss of driving privileges for a minimum of six months.
DWI second offense. If a second offense occurs within ten years, the mandatory fine will increase from $1,000 to $5,000. The potential prison term has a maximum of four years.
DWI third offense. For third offenses, a person might face fines of $10,000, prison sentences of up to seven years, and permanent revocation of their license.
DWI is a felony offense. If a person has been convicted of multiple DUIs within the last decade, they might be charged with a felony DUI rather than a misdemeanor. This results in additional fines and potential jail time. In most circumstances, it will be required for your employer to know that you’ve received a DWI charge.
This can lead to additional personal consequences with tremendous impacts on your overall professional career. DWI charges have been known to cost people their jobs entirely.
If you’ve been charged with these offenses, you need a New York defense attorney who’s experienced in DWAI and DUI negotiation.
An attorney might be able to help you avoid job dismissal or the suspension of your license. You may be granted a provisional license, which allows you to drive to and from work or school while your license is suspended. You might also be able to avoid having your license suspended if you agree to have an interlock system installed on your car. An interlock system measures the alcohol content of your breath before allowing you to start the car.
If you are penalized with the loss of your license or an interlocking device, any costs associated with these will fall back to you. To avoid potential jail time, high costs, or the loss of your vehicle, be sure your lawyer understands all the circumstances of your case.
Which Factors Constitute an Aggravated DWI in New York?
In New York, there are certain factors that can lead to charges for an aggravated DWI. Aggravated DWI charges are more serious and have severe associated consequences, such as thousands of dollars in fines, years in prison, and the temporary or permanent revocation of the driver’s license. Some factors that can lead to aggravated DWI charges include:
High BAC level. If a driver is found to have a BAC level of 0.18% or greater, then this constitutes an aggravated DUI. Having a BAC of 0.18% or higher is considered incredibly dangerous.
Presence of a minor. Aggravated DWI charges are imposed if a minor under the age of 15 is found in the vehicle of the driver at the time of arrest. Because minors don’t have the opportunity to speak or care for themselves, the court views driving a minor while under the influence to be very high risk.
Harm of associated parties. If you were operating a vehicle while under the influence and caused an accident that injured other people, you can be charged with an aggravated DWI in New York. Severe injuries can range from concussions and broken bones to permanent damage or disabilities.
The death of another individual. If another person involved in the resulting accident is killed because of the crash, then the subsequent charges will be aggravated. When fatalities are involved in DWI cases, legal proceedings can become complex quickly. There is a wide range of laws addressing the accidental killing of another individual, including civil wrongful death and criminal manslaughter laws.
Existing criminal record. New York implements harsher consequences with every conviction for a DWI that a person receives. Having repeated drunk driving offenses or being charged with a subsequent felony DWI will lead to more severe charges and penalties.
If you are facing aggravated charges because of circumstances that occurred during your DWI case, then an experienced DWI lawyer can help you make sense of the charges and give you the representation you need to advocate for your rights. Because DWI-aggravated cases can result in serious penalties, it is important to get in touch with an attorney to represent you as soon as possible.
The Harsh Reality of an Aggravated DWI Conviction in New York State
The punishment imposed for an aggravated DWI can include:
First offense aggravated DWI. The first offense of this type is a misdemeanor, which can result in a minimum fine of $1,000 to $2,500 and up to one year in jail. Additionally, those convicted of aggravated DWI can expect to lose their driving privileges for at least one year.
Second offense aggravated DWI. Subsequent offenses occurring within 10 years of the first are considered felonies, with a second conviction resulting in a minimum fine of $1,000 to $5,000 and up to four years in jail. Driving privileges can be revoked for a minimum of 18 months.
Third or subsequent offense aggravated DWI. Three or more convictions result in a minimum fine of $2,000 to as high as $10,000 and up to seven years behind bars. A license is again revoked for a minimum of 18 months.
Additionally, motorists convicted of misdemeanor or felony DWI offenses will be required to have breath-operated ignition systems built into their vehicles, with installation costs being charged to them.
Will I Have to Get a Breath Test Device in My Car?
If you are convicted of a DUI/DWI charge, the court may order you to install a breath alcohol ignition interlock, also known as an ignition interlock device (IID), on your vehicle as a condition of your probation. These devices are designed to prevent an intoxicated driver from starting the vehicle by requiring that a breath sample be provided to the device before a vehicle can be started.
Most IIDs measure your breath sample according to your state’s definition of presumed intoxication/impairment. If your breath sample exceeds this amount, you will be unable to start your vehicle. Some IIDs are also programmed to shut down your vehicle’s ignition for a preset period following a breath sample that exceeds your state’s definition of presumed intoxication. This is to prevent a driver who fails a breath test from simply having someone else provide a breath sample after the interlock detects alcohol.
If the court orders that an IID be installed on your vehicle, you must pay for its installation, and you may have to present proof of installation to your probation officer or the court. If your vehicle was impounded at the time of your arrest, you will also be responsible for paying any fees or other charges that must be paid before you can retrieve your vehicle to have the IID installed.
Since IIDs are expensive (typically $600 and up), your NYC DWI lawyer may be able to argue that installing such a device would impose a financial burden on you and your family. If they can successfully present that argument, the court may impose additional restrictions instead of an IID.
What Are the Usual Probation Conditions for a DWI?
If you are granted probation instead of a jail sentence, there are certain conditions that are often part of probation requirements. If you don’t follow these conditions, then you could spend time in jail or have your term extended. Some common probation conditions include:
- Required attendance of some kind of class related to the charges you received, such as a drug class
- Required attendance of counseling sessions either individually or in a group
- Frequently administered drug tests you need to pass, with more tests being required from someone charged with anything involving drugs or alcohol, compared to someone charged with shoplifting.
- Prohibited from meeting or going to certain people or locations, such as people who were involved in the crime committed, or locations where you aren’t wanted or where you could get in trouble again
- Prohibited from committing another crime
- Required payment of fines each month, which is determined based on the charges and whether there is restitution that needs to be paid to victims
- Submission to home visits by the probation officer
- Required visits with the probation officer once a month
If you don’t meet the requirements of your probation, such as missing classes or failing drug tests, then the probation officer can submit a violation, which could mean going to jail or stricter guidelines.
Think of probation as a second chance to learn from the mistakes that you have made. The length of probation is often determined based on the type of crime you committed and if you’ve been in trouble in the past.
What Special Conditions Go with DWI
Special conditions are parts of your sentence that apply to specific types of offenses. DWI offenses have their own unique penalties and requirements. The type of offense will determine the specific stipulations placed on your sentencing.
If you are granted probation instead of a full or longer imprisonment sentence, you must follow the requirements of that probation. The point of probation for an individual convicted of DWI is to introduce limitations and treatment efforts to help with recovery. This period is also an opportunity to show reform and adherence to the law. Some standard conditions for a DWI conviction are supervision by a probation officer, unannounced testing, and community service.
There are other common conditions of a DWI sentence and requirements of probation, such as:
- The suspension of your license
- Installation of an IID, often in cases of a subsequent offense, but potentially for a first offender if the installation is considered necessary
- Alcohol evaluation, where the court requires a professional alcohol evaluation regularly
- Admission to a treatment program to support rehabilitation, where the duration of the program depends on the severity of the offense
- A SCRAM bracelet, an alcohol monitoring device, is constantly worn and required in severe cases.
- Potential gun restrictions, including a prohibition on owning a firearm
It is imperative to follow the terms of your probation and your sentencing to the letter. Any violation of the special conditions can lead to a violation, which gives a probation officer the right to report you.
A breach of probationary terms can result in a jail sentence. A court can also choose to extend your probation period or impose even harsher conditions than before. Courts consider various factors before issuing special conditions for DWI convictions. Your defense matters a lot, especially when facing a complicated DWI case.
Understanding New York DWI Manslaughter Charges
If you are facing charges of vehicular manslaughter as a result of drunk driving or driving under the influence, it can be easy to feel like there’s no way out. However, no matter how frightening your situation may be, there are always legal options out there for you.
While you may be unsure of what steps to take next, consulting with a lawyer can make an immense difference in your case’s outcome.
Manslaughter is a form of homicide that occurs when someone is killed due to another person’s negligence, such as driving under the influence and causing an accident. Such charges are extremely serious and can impact your life for years to come.
A vehicular manslaughter charge in New York is a serious felony. If you’re convicted of manslaughter, you can receive a hefty prison sentence as well as a wide range of other penalties. Do not postpone discussing your case with our team if you are facing manslaughter allegations.
Collateral Consequences of a New York Felony DWI Conviction
There are serious collateral consequences for being convicted of a felony DWI, on top of having to spend years in prison, pay hefty fines, attend DWI courses, and have your driver’s license permanently or temporarily revoked.
Becoming a convicted felon affects your personal freedoms, your ability to engage in our democracy, and your opportunities to grow and progress. Collateral consequences of a felony DWI in New York may include:
Loss of educational opportunities. Some colleges automatically disqualify convicted felons from being eligible to enroll in their degree programs. This affects not only your education but also your future career.
Restricted access to academic financial support. Forms of assistance, such as financial aid and federal loans, are not available to convicted felons, making it more difficult for you to go back to school or get the degree you were pursuing.
Revocation of professional licenses. If you are convicted of a felony, you can have your professional license, such as a nursing, teaching, or legal license, taken away.
Inability to pursue professional opportunities. After you are selected to work by an employer, they have the right under New York law to run a background check. If they perform a background check and are uncomfortable with your criminal record, they may deny your employment.
Convicted felons also lose their ability to vote, work in certain government positions, bear arms, and exercise other critical rights. Therefore, if you are facing DWI charges, it is important to have an experienced attorney from the Law Offices of Robert Tsigler, PLLC, on your side to help work against your charges.
Our team will work diligently to protect your rights and represent your interests. Don’t settle when it comes to your future. Put knowledge and experience on your side.
FAQs About NYC DWI/DUI Laws
How Much Does a DWI Lawyer Cost in New York?
The cost of a DWI lawyer in New York depends on specifics like the attorney’s experience, how serious and complex your case is, and where the attorney is located. A DWI lawyer might charge an hourly fee or a flat fee, depending on the case. A more experienced attorney may have higher rates but may also be better equipped to secure you a better outcome. Lawyers in cities like NYC also tend to have higher rates than rural attorneys.
How Do I Get My DWI Dismissed in New York?
There are different defenses or plea deals that can get your DWI dismissed in New York, although the right method to get your case dismissed will vary. You may be able to argue that you were not in actual control of the vehicle when you were stopped. You may also raise rights violation defenses, such as being pulled over by an officer who did not have probable cause, or other search and seizure violations.
Can a Lawyer Get a DWI Charge Dropped?
A lawyer cannot guarantee that DWI charges will be dropped, but you are more likely to secure a favorable outcome in a case when you hire a DWI lawyer. An attorney can assess the evidence the prosecution has and determine if that evidence was secured lawfully. If it wasn’t, or it didn’t follow the proper chain of evidence, the evidence could be suppressed. This makes it harder for the prosecution to meet its burden of proof and could mean the charges are dismissed.
Do You Need a Lawyer for a DWI in New York?
Although you aren’t required to hire a lawyer, it is in your interests to have a lawyer for a DWI in New York. An attorney has significant resources and an understanding of New York DWI laws. They listen to your side of things and assess the right way to handle your case. This may mean negotiating a plea deal, filing motions to suppress evidence, or building another type of defense. An attorney advocates for your rights and your future.
NYC DWI Lawyer
If you were charged with a DWI under unclear circumstances, you may be able to work against the charges with the right legal representation. NYC DWI lawyers with experience handling DWI defenses look over the specifics of your case and decide on the approach to take. You need the dedicated support of a team like the Law Offices of Robert Tsigler, PLLC, to defend your interests and advocate for your future.
Contact the Law Offices of Robert Tsigler, PLLC, for strong defense services today. We will build a defense strategy that meets your needs, protects your rights, and pursues the justice you deserve. We know that an accusation is not the same as a conviction, and we work to get the outcome you need. Trust the premier defense our team offers with the proven results you can depend on.
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