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Not all New York DWI lawyers are alike.  Until recently, almost all first time misdemeanor DWI defendants were offered a plea bargain wherein they pleaded guilty to the reduced charge of Driving While Ability Impaired (DWAI). Now, however, in many counties, if the test result is too high or if there was a test refusal, first time misdemeanor offenders are not being offered a plea to the reduced charge of Driving While Ability Impaired. They must either plea to the misdemeanor charge or proceed to trial.

       You need a New York DWI attorney with the experience, reputation and knowledge to get you the best possible outcome for your case. 

    At Tilem & Campbell our experienced DWI lawyers fight to get you the best possible result including a hardship license where appropriate, a stay of your driver's license suspension or revocation to permit you to obtain a conditional license and a reduced charge whenever possible. 

    For more information about how the DWI attorney's at Tilem & Campbell can help you with your Driving While Intoxicated (DWI) Aggravated DWI, or Driving While Ability Impaired (DWAI) case, please contact us or visit the DWI section of the New York Criminal Attorney Blog. 

    Below are the penalties applicable to the various alcohol related driving offenses. Furthermore, enhanced penalties apply when the BAC is .18 or above (Aggravated DWI). (Penalties for commercial and livery drivers differ. Please call for the exact sanctions and penalties applicable to commercial and livery licenses as well as the most updated information):

Penalties for Drunk Driving in New York

AGGRAVATED DWI – [VTL 1192(2-a)]

Can be charged where the defendant’s BAC score is .18 and Higher

DRIVING WHILE INTOXICATED – DWI [VTL 1192(2) & (3)]

Can be charged where the defendant’s BAC score is .08 and higher or other evidence of intoxication is present.

* Does not include mandatory $165 surcharge ($170 in Town or Village Courts); $20 Crime Victim Assistance Fee; and a $250 driver responsibility fee payable for 3 years ($750 total)

** Judge may impose a split sentence where defendant is sentenced to 60 days in jail and 3 years probation to run concurrently.

*** Simply because you may be charged with a Felony does necessarily mean the district attorney will in fact charge you with the Felony. The District Attorney may decline to indict the case as a Felony or may offer you the opportunity to plead guilty to Aggravated DWI as a misdemeanor and not have to face the felony charge. If you did plead or were found guilty of Aggravated DWI within 10 years of being convicted of DWI, ADWI, DWAI – Drugs, you would be subject to enhanced penalties but you would not be sentenced as a Felony offender. Call for a free consultation and further details.

♯ Does not include mandatory $275 surcharge; $20 crime victim assistance fee; and a $250 driver responsibility fee payable for 3 years ($750 total). @ Judge may impose a split sentence where defendant is sentenced to 6 months in jail and 5 years probation to run concurrently

DRIVING WHILE ABILITY IMPAIRED – DWAI

Can be charged where the defendant’s BAC is between .05 and .07 or Other Evidence of Impairment

* Does not include mandatory $70 surcharge ($75 in Town or Village Courts); $5 Crime Victim Assistance Fee; and a $250 driver responsibility fee payable for 3 years ($750 total)

** Judge may impose a split sentence where defendant is sentenced to 60 days in jail and 3 years probation to run concurrently.

You need a New York DWI attorney experienced in handling DWI and DWAI to protect your rights. We use a multi-layered approach to protect our clients' legal rights and interests by challenging the initial motor vehicle stop by the police on Fourth Amendment Constitutional grounds and by attacking the accuracy of the chemical test of the breath, blood, and/or urine. We also work with recidivist clients to get them into treatment programs thereby often avoiding more serious punishments.

Contact Us

If you have been charged, arrested or questioned concerning a DWI or related charges, contact our lawyers. We can assist in protecting your future and current rights and interests. Please contact us by telephone at (914) 833-9785 or by E-Mail.