A DWI charge in New York is a criminal matter, not a traffic citation. The distinction matters enormously. Many people arrested for the first time are caught off guard by the severity of the consequences — potential jail time, license revocation, mandatory fines, ignition interlock requirements, and a permanent criminal record that appears in background checks.

Under New York Vehicle and Traffic Law §1192, a DWI conviction applies when a driver’s blood alcohol content (BAC) reaches 0.08% or higher, or when the driver is demonstrably impaired regardless of BAC. Driving While Ability Impaired (DWAI) by alcohol applies at a BAC between 0.05% and 0.07% and is a lesser offense, but still carries fines and license suspension. Aggravated DWI applies at a BAC of 0.18% or higher and triggers harsher mandatory penalties.

For repeat offenders, the consequences escalate. A second DWI within ten years is a Class E felony. A third offense is a Class D felony. Beyond the criminal consequences, the Department of Motor Vehicles imposes its own administrative penalties, including mandatory revocation periods that operate independently of whatever happens in criminal court.

DWI defense involves challenging the legality of the traffic stop, the accuracy of the breathalyzer or chemical test equipment, the administration of field sobriety tests, and the officer’s observations. Where a child was present in the vehicle at the time of arrest, the charge may be elevated to an aggravated DWI under Leandra’s Law (VTL §1192(2-a)), a Class E felony on a first offense — a consequence many clients are unaware of until it is too late. We scrutinize each procedural step to identify weaknesses in the prosecution’s case and work to protect both your record and your driving privileges.