NYC and Staten Island DWI Defense Attorney

Staten Island & NYC DUI/DWI Defense Attorney

DWI/DWAI is a serious crime in New York City. It can result in the revocation of your license, driving restrictions like an interlock device, a criminal record, steep fines, or incarceration. If you’ve been arrested for drunk driving in New York City or Staten Island, you need an experienced NYC DWI attorney who can help protect your career, reputation, and freedom. Brendan Tracy is a highly experienced former prosecutor who can best defend your DWI/DWAI case. 

DWI vs. DWAI vs. DUI: What’s the Difference in NYC? NYC Drunk Driving Laws Explained

While these charges may sound and seem similar, there are key differences between them. Also, the crime in New York is called DWI (driving while intoxicated), not DUI (driving under the influence), but people still use both terms interchangeably, so we refer to both of them here.  

Driving While Intoxicated (DWI): .08 Blood Alcohol Content (BAC) or higher or other evidence of intoxication. For drivers of commercial motor vehicles: .04 BAC or other evidence of intoxication.

Aggravated Driving While Intoxicated (Aggravated DWI/A-DWI): This is a more serious charge and requires a.18 BAC or higher. Multiple A-DWIs in under 10 years  are subject to Class E and D felony charges. 

Driving While Ability Impaired by Alcohol (DWAI/Alcohol): Many people mistakenly think .08 is the legal limit in NY, but you can be charged with a crime if your BAC is as low as .05. DWAI/Alcohol is for cases with more than .05 BAC but less than .07 BAC, or other evidence of impairment. 

  • There are also other DWAI charges: Driving While Ability Impaired by a Single Drug other than Alcohol (DWAI/Drug).

  • Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol (DWAI/Combination).

Chemical Test Refusal: A driver who refuses to take a chemical test/breathalyzer when arrested for suspicion of drunk driving. In some cases, like when another person was injured or killed, the court may issue a warrant for a blood test and you may not be able to refuse. 

New York Zero Tolerance Law for Drunk Driving: A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law. 

Leandra’s Law: If there is a child under 16 in the vehicle at the time of a drunk driving arrest, you may be charged with a Class E Felony under Leandra’s Law. This is serious and can result in a felony conviction and up to 4 years in state prison. If the child in the vehicle was injured or killed, the felony can be upgraded to a Class C or Class B felony and up to 16 or 25 years in prison respectively. 

What Happens When You Get a DUI in New York City [With Penalty Guideline Chart]

Wondering what the penalties are for different DWI charges in New York City? Check out our in-depth guide on the different charges and penalties in New York, including the recommended jail time, mandatory fines, and mandatory license revocation periods for each charge.

MEET BRENDAN TRACY

The penalties for drunk driving in NYC depend on the charges, your criminal history, and how aggressively your attorney negotiates for you in the plea agreement or settlement. If going to trial, you’ll want an attorney who’s experienced in trial law for DWI cases. As a former NYC prosecutor, Brendan Tracy has built cases from the ground up, conducting long-term and short-term investigations, grand jury presentations, evidentiary hearings, and trials. The relationships he has built with prosecutors, judges and court staff in both Manhattan and Staten Island help him to fight for and achieve the best outcome possible for his clients in DWI/DWAI cases.

Brendan knows what it takes to advocate for those accused of committing a crime because he has first-hand knowledge of what it takes to prosecute someone who has been arrested for committing a crime.