New York DWI Lawyer

In New York, DUI/DWI offenses are typically classified as misdemeanors. However, certain circumstances can elevate a DWI charge to a felony, leading to more severe penalties. Key factors that can result in felony DWI charges include:

Repeat Offenses

• Second DWI Conviction Within Ten Years: If an individual is convicted of a second DWI offense within a ten-year period, the charge escalates to a Class E felony. Penalties for a Class E felony can include fines ranging from $1,000 to $5,000, imprisonment for up to four years, and a minimum one-year driver’s license revocation.
• Third or Subsequent DUI/DWI Convictions: A third DUI/DWI offense within ten years can be charged as a Class D felony, punishable by fines between $2,000 and $10,000, imprisonment for up to seven years, and extended license revocation periods.

Leandra’s Law Violations

Enacted to protect child passengers, Leandra’s Law makes it an automatic felony to drive intoxicated with a child aged 15 or younger in the vehicle.

• First-Time Offense: Even for first-time offenders, driving while intoxicated with a child passenger is classified as a Class E felony, carrying penalties of up to four years in prison and fines up to $5,000.
• Serious Injury or Fatality: If the intoxicated driving results in serious injury to the child, the charge can escalate to a Class C felony, with potential imprisonment of up to 15 years. If it leads to the child’s death, it becomes a Class B felony, punishable by up to 25 years in prison.
• Child Protective Services Notification: If the driver is the parent, guardian, or custodian of the child passenger, law enforcement is mandated to file a report with the Statewide Central Register of Child Abuse and Maltreatment, potentially leading to further legal and familial consequences.

DWI Resulting in Injury or Death

• Vehicular Assault: Causing serious physical injury to another person while driving intoxicated can lead to charges of vehicular assault, a Class E felony.
• Vehicular Manslaughter: If a DWI incident results in the death of another person, the driver can be charged with vehicular manslaughter, which may range from a Class D to a Class B felony, depending on the circumstances.

Aggravated DWI

• High Blood Alcohol Content (BAC): Operating a vehicle with a BAC of 0.18% or higher constitutes an aggravated DWI. Repeat offenses or the presence of aggravating factors can elevate this charge to a felony.

Felony DWI convictions in New York carry severe consequences, including substantial fines, extended imprisonment, prolonged license revocation, and a permanent criminal record. Given the gravity of these charges, securing experienced legal representation is crucial. Working with an experienced New York DWI lawyer can be crucial in protecting your rights and freedom.

Contact The Kugel Law Firm at (212) 372-7218 to schedule a complimentary, confidential strategy session.

What sets our firm apart is our exclusive focus on DWI defense. We stay at the forefront of every new DWI law and are deeply involved in the science behind DWI/DUI defense strategies. Our team views a DWI charge as a temporary setback, not a defining moment, and we approach each case without judgment, focusing solely on defense.

Our female-driven team brings a fresh perspective to a predominantly male field, fostering a collaborative environment where multiple attorneys contribute to each case. Our clients receive prompt attention to all questions, with fast, clear updates when needed. Utilizing cutting-edge technology, clients can track their case progress in real-time, ensuring transparency at every stage.

We Never Judge—Only Defend.

With extensive hands-on courtroom experience, our team at The Kugel Law Firm regularly advocates for our clients in court, bringing seasoned litigation skills to each case. We understand the stress associated with DWI charges and are committed to providing genuine support to ease our clients’ concerns. In addition, our Spanish-speaking team allows us to provide legal assistance to a more diverse clientele.

Choosing The Kugel Law Firm provides you with a steadfast advocate dedicated to defending your rights and guiding you through the legal process with empathy and professionalism.

Contact us today at (212) 372-7218 for a no-cost DWI/DUI Defense Strategy Session to discuss your case and develop an action plan tailored to your needs.

In New York, refusing a chemical test after a DWI arrest leads to serious consequences. For a first offense, this refusal results in a one-year license revocation and a $500 civil penalty. Additionally, the driver must pay a $250 annual Driver Responsibility Assessment for three years. A second refusal within five years increases the license revocation period to 18 months and raises the civil penalty to $750. The annual Driver Responsibility Assessment remains at $250 for three years.

These administrative penalties are separate from any criminal charges related to the DWI offense. Moreover, the refusal can be used as evidence against the driver in court, potentially impacting the outcome of the DWI case.

It’s important to note that under New York’s implied consent law, all drivers are deemed to have consented to chemical testing. Therefore, refusing a chemical test not only leads to immediate administrative penalties but can also complicate one’s legal situation.

In New York, Driving While Ability Impaired by Drugs (DWAI-Drugs) is a serious offense that involves operating a motor vehicle while impaired by the use of drugs other than alcohol. Understanding the elements that constitute this offense and the associated penalties is crucial for drivers in the state.

To secure a conviction for DWAI-Drugs under New York Vehicle and Traffic Law § 1192(4), the prosecution must establish the following elements beyond a reasonable doubt:

1. Operation of a Motor Vehicle: The defendant was operating a motor vehicle.
2. Impairment Due to Drug Consumption: The defendant’s ability to operate the vehicle was impaired to any extent by the consumption of a drug.

It’s important to note that impairment “to any extent” means that the driver’s physical and mental abilities were affected, even minimally, by the drug, diminishing their capacity to operate the vehicle as a reasonable and prudent driver.

Types of Drugs Covered Under DWAI-Drugs

In New York, Driving While Ability Impaired by Drugs (DWAI-Drugs) encompasses operating a motor vehicle while impaired by any drug that affects one’s ability to drive safely. This includes not only illegal substances but also prescription and over-the-counter medications.

• Illegal Drugs: Substances such as marijuana, cocaine, heroin, methamphetamines, and other controlled substances are included.
• Prescription Medications: Even when legally prescribed, medications can impair driving abilities. This includes opioids, benzodiazepines, certain antidepressants, and other medications that may cause drowsiness, dizziness, or impair cognitive functions.
• Over-the-Counter Medications: Common medications like antihistamines, cold medicines, and sleep aids can also impair driving and fall under DWAI-Drugs if they affect the driver’s ability to operate a vehicle safely.

It’s crucial to understand that having a valid prescription does not exempt a driver from DWAI-Drugs charges. If a medication impairs your ability to drive, you can still be charged with this offense. Drivers should be aware of the side effects of any medication they are taking and consult with healthcare providers about how these medications may affect their driving abilities.

Penalties for DWAI-Drugs Convictions

The penalties for a DWAI-Drugs conviction in New York vary based on prior offenses and the specifics of the case:

• First Offense (Misdemeanor):
  • Fines: $500 to $1,000
  • Jail Time: Up to 1 year
  • Driver’s License Suspension: Minimum of 6 months
• Second Offense within 10 Years (Class E Felony):
  • Fines: $1,000 to $5,000
  • Imprisonment: Up to 4 years
  • Driver’s License Revocation: Minimum of 1 year
• Third or Subsequent Offense within 10 Years (Class D Felony):
  • Fines: $2,000 to $10,000
  • Imprisonment: Up to 7 years
  • Driver’s License Revocation: Minimum of 1 year

Additionally, individuals convicted of DWAI-Drugs may face other consequences, such as mandatory participation in a drug treatment program, installation of an ignition interlock device, and increased insurance premiums.

Given the severe penalties and long-term implications of a DWAI-Drugs conviction, it is imperative to seek competent legal representation. The Kugel Law Firm is dedicated to defending individuals charged with DWAI-Drugs in New York, providing comprehensive assistance and advocacy in your case.

To discuss your situation and explore your legal options, contact us today at (212) 372-7218.

Facing DUI or DWI charges in New York can be daunting, but several legal defenses may be available to challenge the allegations. 

• Challenging the Legality of the Traffic Stop: Law enforcement officers must have reasonable suspicion to initiate a traffic stop. If the stop lacked valid justification—such as erratic driving, traffic violations, or other observable indicators of impairment—the stop may be deemed unlawful. Evidence obtained from an illegal stop could be suppressed, potentially weakening the prosecution’s case.
• Questioning the Accuracy of Field Sobriety and Chemical Tests: Field sobriety tests (FSTs) and chemical tests are commonly used to assess impairment, but their accuracy can be contested. Factors such as improper administration, environmental conditions, medical issues, or device malfunctions can lead to unreliable results. Challenging the validity of these tests may cast doubt on the evidence presented against you.
• Exploring Procedural Errors and Violations of Rights: Procedural errors during the arrest process, such as failure to provide Miranda warnings, improper handling of evidence, or violations of constitutional rights, can be significant in a defense strategy. Identifying and demonstrating these errors may result in the exclusion of evidence or even dismissal of charges.

Our skilled New York DUI lawyers at The Kugel Law Firm can meticulously evaluate the circumstances of your case, identify potential defenses, and advocate on your behalf.

Schedule a free strategy session today at (212) 372-7218.

Following a DUI or DWI arrest in New York, individuals enter a structured legal process designed to address the charges and determine appropriate outcomes. Understanding each stage is essential for effective and informed decision-making.

Arrest Procedures and What to Expect

Upon suspicion of impaired driving, law enforcement officers may conduct field sobriety tests and request a chemical test to measure blood alcohol content (BAC). If evidence suggests impairment, the individual is arrested and transported to a police station for booking, which includes photographing, fingerprinting, and documentation of personal information. Following booking, the accused may be held until arraignment or released with an appearance ticket, depending on the circumstances.

Arraignment and Pre-Trial Hearings

Arraignment is the initial court appearance where the defendant is formally charged and enters a plea of guilty or not guilty. The judge may also address bail and set conditions for release. If a not guilty plea is entered, the case proceeds to pre-trial hearings, during which both the defense and prosecution exchange evidence, file motions, and discuss case matters. These hearings are critical for building defense strategies and may involve challenging the admissibility of evidence or seeking case dismissal based on legal grounds.

Plea Bargains and Potential Outcomes

Plea bargaining involves negotiations between the defense and prosecution to resolve the case without a trial. This may result in the defendant pleading guilty to a lesser charge or agreeing to specific sentencing conditions in exchange for a more lenient penalty. Plea agreements can expedite case resolution and reduce the uncertainty associated with trial outcomes. However, the decision to accept a plea deal should be made carefully, considering the long-term implications and in consultation with legal counsel.

At The Kugel Law Firm, DWI defense is our sole focus. We understand the profound impact a DWI charge can have on your life, including legal penalties, personal obligations, and financial well-being. Our dedicated team is committed to guiding you through each step of the legal process, providing personalized strategies aimed at achieving favorable outcomes. We pride ourselves on our rapid response, often connecting with clients within minutes, ensuring that your concerns are addressed promptly. Contact us today for a consultation to discuss your case and explore your legal options.