New York DUI Lawyer

DWI (driving while impaired by alcohol) is one of the most common criminal charges prosecuted in the state of New York.
 

The penalties for a DWI conviction depend on a range of factors and may include up to 4 years in prison and thousands of dollars in fines for the most serious infractions. With your freedom potentially at stake, you can't afford to leave your fate in the hands of an already overwhelmed public defender.

As leading New York DWI lawyers, the attorneys at D'Emilia Law have leveraged their formidable knowledge, resources, and experience to secure favorable outcomes on behalf of criminal defendants in New York and throughout the United States. To learn how we can help you aggressively defend against DWI charges, contact our office today to schedule your free case review.

Why D'Emilia Law?

Regardless of the severity of the charge, a DWI conviction will typically have consequences beyond those imposed by the legal system. For example, you may not be eligible for certain job opportunities or be prohibited from holding certain professional licenses if a DWI charge results in a criminal record.

As former Kings County prosecutors, the attorneys at D'Emilia law possess a deep knowledge of criminal law and procedure in New York, allowing them to identify and defend against common "DWI mistakes." Their ability to anticipate the prosecution's actions and construct the strongest possible defense for our clients has allowed our attorneys to build an impressive record of acquittals, reduced charges, and successful appeals over the years.

New York DWI Penalties

It's illegal in New York to operate a motor vehicle with a blood alcohol concentration (BAC) higher than .08. While state law refers to this particular crime as DW, other jurisdictions may call the same crime DUI (driving under the influence) or OUI (operating under the influence).

In most cases, a first DWI offense will result in a misdemeanor charge, which carries a maximum direct penalty of:

  •  Up to 1 year in jail
  •  A fine of up to $1,000
  •  6-month driver's license revocation
  • Up to 3 years probation

A driver with a BAC of .18 or higher will be charged with aggravated DWI, with a conviction resulting in:

  •  A fine of $1,000 to $2,500
  •  Maximum 1-year prison term
  •  Minimum 1-year driver's license suspension, with the possibility of a suspension for a second year.
  •  Install an ignition interlock device on any car owned or operated by the person convicted for at least 6 months.

Contact a Leading New York Gun Crimes Attorney Today 

DWI defendants who fail to contact a seasoned criminal attorney often incur harsher penalties than those who do so at the outset of their case.

Before you make another move, make sure to hire a New York DWI lawyer with the experience, knowledge, and resources to wage an aggressive defense on your behalf.


In certain circumstances, a person accused of DWI will be charged with a Class E felony, which carries the following penalties if convicted:

  • Up to 4 years in state prison 
  • A fine of between $1,000 and $5,000 
  • A court surcharge of $250 
  • A driver responsibility assessment of $250 per year for three years 
  • Probation for up to 5 years 
  • License revocation for one year, which may be extended by the court 
  • Mandated use of an ignition interlock device or at least 6 months
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