Justice Does Not Come Without A Fight®

Are You Facing Charges For Driving While Intoxicated?

The punishment for driving while intoxicated (DWI) and related charges have become increasingly harsher in New York. If you or a loved one are contending with charges for suspicion of a DWI, you may face immediate sanctions, including the loss of your driver’s license simply for being arrested and charged before you are even convicted.

The consequences of a DWI conviction include not only loss of your driving privileges but also steep fines, probation or imprisonment. If allowed to drive, you may be required to install an ignition interlock device on your vehicle. Depending on where the arrest occurred, even a first-time offender may have to forfeit their vehicle to the county.

At Martello & LaMagna, P.C., our experienced attorneys work hard to defend your driving privileges and minimize the potential penalties. As former prosecutors, we know how the other side thinks, which gives us more knowledge to pull from when handling your case. Call us right away at 516-228-3333​ if you or a loved one has been arrested for suspicion of DWI.

Understanding The Different Violations

Generally, driving while intoxicated (DWI) violations are measured by the concentration of alcohol in a driver’s blood or “blood alcohol concentration” (BAC). In New York, the legal limit of blood alcohol content varies. Common vehicle alcohol and drug-related violations include:

  • DWI: Driving with a BAC of .08 or higher
  • Aggravated DWI: Driving with .18 BAC and above
  • DWAI/Alcohol: A charge for “Driving While Ability Impaired by Alcohol” can be assessed for drivers with over .05 BAC but under .08 BAC or other proof of impaired driving
  • DWAI/Drug: Driving while impaired by a single drug
  • DWAI/Combination: Drivers can be arrested for driving while their ability is impaired by a cocktail of drugs and alcohol

Drivers refusing to take a chemical test of breath, blood or urine will also face charges for refusing a test. In New York, drivers under the age of 21 years old driving with .02 BAC to .08 BAC will be charged under the Zero Tolerance law.

In addition, the laws regarding DWI-related accidents in which a person was injured or killed have been revised by the state legislature, increasing penalties and making it easier for prosecutors to pursue these cases.

Contact Us To Get The Help You Need To Fight DWI Charges

If you or a loved one have been charged with a DWI, the charges may seem intimidating and you will have questions. At Martello & LaMagna, we will help you understand the charges and penalties you could be facing if convicted of the violation. We treat every client with the same level of compassion, skill and experience, regardless of whether they are a first-time offender or charged with vehicular homicide. Call 516-228-3333​ or email us to schedule an appointment. We have offices in Garden City and Manhattan.