New York DWI & DWAI Defense Attorney

Last updated on August 11, 2025

New York has some of the toughest drunk driving laws in the nation. If you have been arrested for driving while intoxicated (DWI) or driving while ability impaired (DWAI), you face the possibility of serious criminal penalties, including jail time, probation, driver’s license suspension, significant court fines and more.

You can turn to the experienced criminal defense attorneys at James Kleinbaum Attorney At Law P.C. Located in Chatham, our law firm handles DWI and DWAI cases statewide throughout New York. We handle all drinking and driving charges, including:

• DWI: Driving while intoxicated, .08% BAC or higher
• DWAI: Driving while alcohol impaired, .05% to .08% BAC
• Underage DWI/Zero tolerance law: .02% to .07% BAC
• Driving while impaired by drugs
• Aggravated DWI: .18% BAC or higher

At our firm, we aggressively defend the rights of the criminally accused. We fight DWI charges aggressively to seek a favorable result for each client we represent. Most of the DWI/DWAI charges we handle are resolved by plea agreement, but we are always prepared to take a case to trial if the prosecution is unwilling to be reasonable. Contact us toll-free at 888-SPEEDTX or send us an email to get our help.

Before You Accept Your Fate, Speak With A Lawyer

If this is your first DWI, your friends or family may have told you to simply plead guilty to avoid the stress or cost of fighting your charges. This could be a huge mistake. Although no DWI attorney can guarantee a particular result in your case, the truth is that people need qualified legal representation. A drunk driving lawyer may be able to achieve a more positive result in your case by communicating to the prosecution any flaws in their case.

Law enforcement does make mistakes. Many DWI/DWAI charges are based on evidence obtained in a constitutionally unsound manner. If retained to handle your case, we will take the time to ask important questions on your behalf:

• Did the officer have cause to stop your car?
• Did the officer perform the roadside field tests properly?
• Did the officer perform the breath test properly?
• Did the officer have probable cause to make an arrest?

Before you plead guilty and put your rights in jeopardy, let one of our experienced DWI defense attorneys speak with you and help you make an informed decision about your case.

Frequently Asked Questions We See From New Yorkers

Our attorneys handle a lot of DWI/DWAI questions, and here are some of the most frequent questions we see. Please remember that each situation is different, and these answers may not be applicable to your specific circumstances:

• What are the penalties for DWI/DWAI?
• Why do I need a DWI/DWAI attorney?
• What is Leandra’s Law?
• Can I refuse to take a breathalyzer test?

What are the penalties for DWI/DWAI?

Facing a DWI or DWAI in New York is not just about paying a fine or dealing with a short-term suspension. These charges are classified as serious criminal offenses. A conviction can impact your job, your driving privileges and your future. That’s why it’s critical to understand what penalties you’re facing and how to protect yourself before accepting a plea deal or appearing in court.

A first DWI offense is a misdemeanor. Penalties may include:

• A fine between $500 and $1,000
• Up to one year in jail
• A minimum six-month license revocation
• Enrollment in the Drinking Driver Program
• Additional court-imposed surcharges

Repeat offenses carry even harsher consequences. A second DWI within 10 years is a Class E felony, while a third offense is considered a Class D felony. You may face:

• Fines up to $5,000 for a second offense
• Fines up to $10,000 for a third offense
• Up to four years in prison for a second offense
• Up to seven years in prison for a third offense
• A minimum one-year revocation of your driver’s license

DWAI charges are also serious, though slightly less severe. A first-time DWAI may result in:

• A fine between $300 and $500
• Up to 15 days in jail
• A 90-day license suspension

A third DWAI within 10 years is a misdemeanor and comes with increased jail time, higher fines and a longer license revocation. While DWAI charges may seem minor compared to other criminal offenses, they are still far more serious than routine traffic violations and can lead to a permanent record.

Refusing a chemical test brings its own consequences, including a one-year license revocation and a civil penalty. Drivers under 21 may face additional sanctions under the state’s Zero Tolerance Law.

If you’ve been charged with DWI or DWAI, do not try to handle the case alone. Our firm helps clients statewide defend against these charges and understand all available options. Reach out online to schedule your initial consultation.

Why do I need a DWI/DWAI attorney?

You have the right to handle your charges on your own, but the law is against you. Without an experienced criminal defense attorney to explain your options and protect your rights, you may very well find yourself with a criminal conviction. Your lawyer can appear with you in court, challenge unlawful evidence, investigate the circumstances of your arrest, and negotiate a plea bargain or defend you in a trial as necessary.

What is Leandra’s Law?

In 2009, New York State passed Leandra’s Law to discourage drunk driving with children in the car. The consequence of Leandra’s Law is that driving with a blood alcohol content of .08% or higher with a minor under the age of 15 in the car is an automatic felony – even if it is your first offense.

Can I refuse to take a breathalyzer test?

Although you have the right to refuse to take a breathalyzer test, there is a severe consequence associated with it. If you refuse, the court may find you guilty of refusal to test and revoke your driver’s license for up to one year.

These are just a few of the questions we hear every day. Get in touch with us to speak to a lawyer one-on-one about your other questions and concerns.

Speak With Us About Your DWI Charge Today

To speak with a DWI defense lawyer, contact James Kleinbaum Attorney At Law P.C. To speak with an attorney at our law firm, call us toll-free at 888-SPEEDTX or send us an email.