Elite Courtroom Experience That Shapes Your DWI Defense
Joseph P. Petito is a former Senior Assistant District Attorney. His extensive background in vehicular and major crimes bureaus brings an invaluable perspective to our DWI defense practice. This deep familiarity with criminal proceedings actively shapes how our team evaluates a DWI case.
Having prosecuted and defended cases involving DWI, DWAI, and driving while suspended, we understand how law enforcement gathers evidence, conducts field sobriety tests, and calibrates breathalyzers. By anticipating the prosecution's tactics, we work to identify procedural errors early on and dismantle the prosecution's narrative.
What Constitutes DWI in New York?
Driving while intoxicated (DWI) means operating a motor vehicle while your ability to drive is impaired by alcohol (New York Vehicle and Traffic Law (VTL) § 1192). A person can be charged with DWI based on a blood alcohol concentration (BAC) of .08% or higher, or on evidence that they were intoxicated.
The specific charge and the evidence supporting it matter. Our attorneys can review the circumstances of your arrest and assess whether the prosecution can establish the required elements beyond a reasonable doubt.
What’s the Difference Between DWI, DWAI, & Aggravated DWI?
New York utilizes several classifications for impaired driving offenses, each carrying different legal standards:
- Driving While Ability Impaired (DWAI). This applies when a driver's BAC is between .05% and .07%, or when there is evidence of impairment by alcohol, drugs, or a combination of both.
- Driving While Intoxicated (DWI). This applies when a driver has a BAC of .08% or higher, or when they display objective signs of intoxication, regardless of chemical test results.
- Aggravated DWI (A-DWI). This applies when a driver operates a vehicle with a BAC of .18% or higher, or when other aggravating factors are present, such as committing DWI with a child passenger under 15 in the vehicle.
These distinctions can all affect the severity of the charge, penalties, and license consequences. We can explain the charge against you and examine the evidence to identify opportunities to negotiate a reduction or secure a dismissal.
Can You Be Charged with DWI if Your BAC Is Below .08%?
Yes. You can face impaired driving charges even if your BAC is below the .08% threshold. A BAC of .08% or higher constitutes a “per se” DWI, meaning the chemical test result alone is sufficient for a charge under VTL § 1192(2).
However, VTL § 1192(3) establishes “common-law” DWI, which allows officers to charge you based entirely on their subjective observations of your physical condition, speech, and driving behavior. A lower BAC may also be relevant to a DWAI charge, which concerns a lesser degree of impairment by alcohol.
The test result is only one part of the case. Officer observations, driving behavior, statements, and other evidence also matter. We can examine how the stop and testing unfolded to determine if the facts support the charge.
What Are the Penalties for a DWI Conviction?
A conviction under VTL §§ 1192–1193 carries significant consequences that depend on the nature of the charge and your prior driving history:
- A first DWI offense is generally a misdemeanor carrying up to one year in jail, $500 to $1,000 in fines, a minimum six-month license revocation, and the mandatory installation of an ignition interlock device.
- A second DWI within 10 years elevates the charge to a Class E felony that carries mandatory prison time, extended license revocations, and steeper fines.
- An aggravated DWI carries fines of $1,000 to $2,500, up to one year in jail, and a minimum one-year license revocation.
- A drug-related impairment (DWAI-drug) carry penalties that mirror a standard DWI, including up to a year in jail and a six-month license revocation, though interlock devices may not be required unless alcohol is also involved.
- A DWAI involving alcohol carries a $300–$500 fine, up to 15 days in jail, and a 90-day license suspension for a first offense. Repeat offenses can bring increased penalties.
Beyond fines, jail time, and license consequences, a DWI conviction can also lead to collateral consequences like the loss of professional licenses, skyrocketing auto insurance rates, and employment obstacles. We can intervene early to mitigate these life-altering impacts on your life and reduce sentencing exposure when possible.
How Can a DWI Affect My Driver’s License?
A DWI arrest can put your driving privileges at risk before the criminal case is resolved. In certain cases, New York courts must suspend a driver's license while prosecution is pending, including when a qualifying charge involves an alleged BAC of .08% or higher. A conviction can lead to a longer suspension or revocation.
A suspension temporarily prevents you from driving, while a revocation ends your existing driving privilege and typically requires a new application when you're eligible. Some drivers may qualify for a conditional license, which permits limited driving. We can explain the applicable restrictions, help you understand relevant DMV procedures, and assess whether a hardship privilege or conditional driving option may be available.
What Happens if I Refuse a Breathalyzer or Chemical Test?
Refusing a requested chemical test can trigger consequences separate from the DWI charge. Under VTL § 1194, a refusal can lead to an immediate license suspension and a separate DMV hearing. If the refusal is sustained, license revocation lasts at least one year, and a $500 civil penalty may apply.
The DMV hearing is independent of the criminal case and examines whether the officer made a lawful arrest, warned you about the consequences, and received a refusal. Our attorneys can prepare you for the hearing and explain how the administrative case may affect your driving privileges alongside the criminal proceedings.
Trial-Ready Defense for DWI Charges
A strong DWI defense starts with the right attorney. At Sholes Miller Rodriguez & Brown, PLLC, we bring over 25 years of experience to every case. Our team prioritizes timely communication to keep you informed at each stage. Our proven track record and trial-ready approach mean that opposing counsel know we are fully prepared to try your case in court. Whether we are contesting an unlawful traffic stop, disputing breathalyzer calibration logs, or questioning the administration of field sobriety tests, we remain focused on protecting your liberty, driving privileges, and future.
An impaired driving conviction can impact your career and freedom, so don’t wait to contact our firm for a tenacious defense. Call (845) 286-4503 to schedule a consultation. Se habla español.
