New YorkDWI Defense

New York DWI Lawyer

Driving White Intoxicated, also known as DWI, is a New York criminal offense where a person is guilty of operating a motor vehicle while being under the influence of alcohol or drugs or a combination of both. Another non-criminal offense is known as Driving While Ability Impaired (DWAI), which is a violation and not a crime.

A person is guilty of DWAI has a blood alcohol level of 0.06 to 0.079. A person is guilty of DWI has a blood alcohol level of 0.08. Normally, a DWAI does not result in jail sentence, though a 15 day sentence is possible for a first offense and 30 days for subsequent DWAI arrests. Additionally, it can result in 90 or 180 license suspension, depending on whether it's a first or second arrest. A minimum fine is $300.

If your BAC level is above 0.08, you will get arrested for DWI. It can carry up to a year in jail for the first offense, up to four years for the second offense and up to seven years for the third arrest. It can also carry between $500 and $10,000 fine, and at least 6 months suspension for the first offense and at least a year for subsequent arrests.

Drinking Driver Program

If you are arrested for drunk driving in New York, not only do you have your criminal case to worry about, the potential loss and forfeiture of your car, but also the loss of your NY drivers license or privilege. If you are convicted of DWI or DWAI or any other drunk driving related charge your license will be suspended or revoked for a certain period of time depending on to whether you were convicted of a violation, misdemeanor or felony drunk driving charge.

However you may be able to obtain conditional driving privileges or a conditional driving license if you participate in New York Drinking Driver Program commonly referred to as DDP or an out of state program that meets the same requirements as the NY DDP.

The purpose of the DDP program is to inform and educate drivers in New York State of the dangers of driving while impaired of intoxicated by alcohol and  to prevent motorists from offending again. There are seven weekly classroom sessions. Each session takes 2-3 hours for 16 hours total. Generally once you complete the 16 required hours of DDP your participation in DDP ends and you have no further obligation. However, in the event that you are recommended for formal evaluation and resulting treatment then you will be required to complete the treatment.

Once you have completed the DDP program, you will receive the following Notice of Completion. This notification will be sent directly to the DMV.

When you first enroll in the DDP program, you will need to pay the DMV a one time $75 fee. This fee can be paid by cash, check, debit or credit card and money orders. Any checks must be made payable to the Commissioner of Motor Vehicles. Once you have have enrolled in DDP, you will pay the provider a set fee. The maximum fee a DDP provider can charge is $225.00.

Generally, defendants who participate in the DDP program are most concerned with obtaining a conditional license or privileges to drive in New York State. This is only for a regular drivers license, and is not valid for anyone who needs a commercial drivers license.

A NY conditional license is only permitted for the following reasons:

  • to and from your job
  • during business hours if required for your job
  • to and from the DMV to conduct business for your conditional license and/or DDP
  • to and from any class or activity that is part of the DDP program
  • to and from class at a accredited college, school, university, vocational school or for technical training in a school in which you are currently enrolled in
  • to and from probation activities ordered by the court
  • a set period of three hours between 5AM and 9PM once  a week
  • to and from a Doctor's office for necessary treatment for you or a member of your family
  • to and from your child's day care if it is necessary for you to have your child in day care while you are in school or at work

Why should you hire us as your DWI defense law firm?

  • Our DWI Defense Lawyer were praised by the press, judges, lawyers, peers and our clients. They were called "global legal expert","an asset to the legal profession" and "highly respected by the legal community". (Learn more about our DWI defense attorneys.)

  • Our DWI Defense Attorneys will help you deal with potential civil penalties that make stem from any conviction or plea, including license suspension and revocation, community service and fines.

  • Our DWI Defense Attorneys will help you get a conditional driving license if you are legally eligible.

  • Our New York DWI Lawyers will fight to help you avoid jail and to avoid a criminal record, whether it means .

  • We pay personal attention to every client, whether you got arrested for the first time or were multiple times.

  • Pay a flat fee to make sure that you don't run out of money before the case is over. We also offer payment plans.

* Read our New York Criminal Court guides.

Call a New York DWI attorney at (646) 350-0601.