Arrested for DWI in New York? Here’s What You Need to Know
A DWI (Driving While Intoxicated) arrest in New York is a serious criminal charge with potentially life-altering consequences. Whether it’s your first offense or a repeat allegation, the penalties for DWI in New York can include jail time, license suspension, steep fines, and a permanent criminal record.
If you or a loved one has been arrested for DWI, it’s critical to understand your rights and legal options — and to contact a qualified defense attorney as soon as possible.
What Is a DWI in New York?
Under New York Vehicle and Traffic Law § 1192, a person is considered to be driving while intoxicated if they operate a motor vehicle:
With a Blood Alcohol Content (BAC) of 0.08% or higher
While impaired by alcohol or drugs
With impaired ability to operate a vehicle safely, regardless of BAC
Penalties for DWI in New York
DWI penalties vary based on the type of charge and your prior record. Here's a breakdown:
First-Time DWI (Misdemeanor)
Up to 1 year in jail
Fines of $500 to $1,000
Minimum 6-month license suspension
Mandatory drinking driver program (DDP)
Possible ignition interlock device
Aggravated DWI (BAC ≥ 0.18%)
Higher fines ($1,000–$2,500)
License revocation for 1 year
Up to 1 year in jail
Second DWI Offense (within 10 years – Felony)
Class E felony
Up to 4 years in prison
Fines of $1,000 to $5,000
Minimum 1-year license revocation
Convictions can also affect employment, immigration status, and insurance rates — which is why fighting the charge aggressively is critical.
Can You Beat a DWI Charge?
Yes — DWI charges can be challenged, and a conviction is not automatic. An experienced defense attorney can review your case for legal flaws such as:
Improper traffic stop (lack of reasonable suspicion)
Faulty field sobriety tests
Inaccurate breathalyzer or chemical test results
Failure to follow proper arrest procedures
Violations of your constitutional rights
Even if the evidence seems strong, your attorney may be able to negotiate a reduction in charges, entry into a diversion program, or a conditional license that allows you to drive to work or school.
Speak With a New York DWI Defense Attorney Today
If you’ve been arrested for DWI in New York, time is critical. The sooner you speak with a skilled defense attorney, the better your chances of protecting your license, your record, and your future.
At the Law Office of Joseph P. Santangelo, we provide aggressive, strategic DWI defense for clients across New York City, Rockland County, the Bronx, and beyond. We understand what's at stake — and we fight to win.
📞 Contact us today for a confidential consultation.