Criminal Defense

DWI / DUI Defense

Charged with DWI, DWAI, or aggravated DWI in New York? We defend drunk- and drugged-driving cases under VTL 1192 — the traffic stop, the breath test, the DMV refusal hearing, and your license.

Get a Free DWI Case Review Call 917-476-7666

Overview

What you need to know about DWI / DUI Defense.

The basics, what we do, and the issues we see most.

What happens if you are convicted of DWI or DWAI in New York?

Quick Answer

A DWI or DWAI conviction now adds 11 points to your New York record (effective Feb. 16, 2026 — these convictions previously carried 0 points), and 11 points within 24 months can suspend your license. A first DWI under VTL § 1192(2)/(3) is a misdemeanor: a $500–$1,000 fine, up to one year in jail, a minimum 6-month license revocation, and a mandatory ignition interlock device. DWAI (BAC .05–.07) is a violation with a $300–$500 fine. Refusing the breath test under VTL § 1194 triggers a separate one-year revocation and a $500 civil penalty, regardless of the criminal outcome.

Services we offer for DWI / DUI.

A DWI charge is two fights at once — the criminal case and your driving privileges. Here is what we do on a DWI / DWAI matter:

Review the traffic stop to test whether the officer had a lawful reason to pull you over and probable cause to arrest
Examine how the standardized field sobriety tests were administered and scored against NHTSA protocol
Scrutinize the breath-test device's calibration, maintenance records, and the required 20-minute observation period
Represent you at the DMV chemical-test refusal hearing under VTL § 1194 and cross-examine the arresting officer
Negotiate with the prosecutor toward a reduced charge, such as a DWAI violation, where the facts support it
Walk you through ignition interlock, conditional license, and Driver Responsibility Assessment requirements
Defend the elevated stakes in CDL, under-21 Zero Tolerance, child-passenger, and repeat-offense cases

Scenarios we see most.

Treating a DWI like an ordinary ticket and not realizing it is a misdemeanor crime under VTL § 1192
Not knowing that a DWI or DWAI conviction now carries 11 license points as of February 16, 2026
Refusing the chemical test and then losing the license for a full year at a DMV hearing, separate from the criminal case
Assuming a first offense cannot mean jail or a mandatory ignition interlock device
Missing the short deadline to demand a VTL § 1194 refusal hearing
A second DWI within 10 years being charged as a felony rather than a misdemeanor
Out-of-state and commercial (CDL) drivers facing separate, harsher license disqualifications

Who we help

Who we represent.

Every case handled directly by the attorney you speak with at intake.

People Facing Misdemeanors

Theft, assault, trespass, and drug-possession charges in Criminal and District Courts.

People Facing Felonies

Indictments and serious charges handled through hearings, grand jury, and Supreme Court.

Drivers Arrested for DWI/DUI

The criminal charge plus the separate DMV license and chemical-test refusal proceedings.

Desk Appearance Tickets

People given a DAT or facing a first arrest, navigating arraignment and next steps.

How we handle your case

From summons to resolution.

The same attorney handles your matter from intake through hearing and closeout.

1
Step 1 of 5
Free case review and document intake
2
Step 2 of 5
Discovery and breath-test / stop evidence analysis
3
Step 3 of 5
DMV refusal hearing representation
4
Step 4 of 5
Pre-trial motions and plea negotiation
5
Step 5 of 5
Trial or negotiated resolution

Frequently asked

Questions clients ask first.

Direct answers from the attorney who handles these matters.

Most asked

What is the difference between DWI and DWAI in New York?

They are different charges with different stakes. DWAI – Alcohol (VTL § 1192(1)) applies at a BAC of .05–.07 and is a traffic violation, not a crime, with a $300–$500 fine and a 90-day suspension. DWI (VTL § 1192(2)/(3)) applies at .08 or higher and is a misdemeanor crime — up to one year in jail, a fine up to $1,000, and at least a 6-month license revocation. As of February 16, 2026, both convictions add 11 points to your record. A reduction from DWI to DWAI is a common goal in negotiation, but whether it is available depends entirely on the facts of your case.

Question 2

Will I lose my license after a DWI arrest in New York?

Often, yes — and in more than one way. At arraignment the court typically suspends your license pending prosecution. A DWI conviction carries a minimum 6-month revocation (one year for aggravated DWI), and the conviction now also adds 11 points; 11 points within 24 months can independently suspend your license. Separately, if you refused the chemical test, the DMV can revoke your license for a year at a § 1194 refusal hearing even if the criminal charge is later reduced or dismissed. You may be eligible for a conditional license — we review your specific situation.

Question 3

Should I refuse the breathalyzer in New York?

We cannot give legal advice on a page, and the right move depends on the facts, but you should understand the trade-off. Under New York's implied-consent law (VTL § 1194), refusing a chemical test triggers a one-year license revocation and a $500 civil penalty through the DMV — consequences that apply on their own, regardless of how the criminal case ends. A refusal can also be used as evidence against you at trial. There is a short deadline to demand a refusal hearing. If you have already refused, call us so we can address the DMV hearing right away.

Resources

Helpful tools & references

Free, official resources from The Law Office of Anthony Sharnov — look up your situation before you call.

NY Court & DA Directory

Find the traffic court, criminal court, and District Attorney for any New York county — with official contact info.

Traffic Points Calculator

Estimate the DMV points a ticket adds to your license, and search the Vehicle & Traffic Law.

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Penal Law Lookup

Search the New York Penal Law by section, offense, or keyword.

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Legal Articles & Guides

Plain-language guides on traffic tickets, criminal charges, points, and summonses across New York.

Guides

Free case review

Charged with DWI or DWAI in New York?

A DWI is a criminal case and a license case at the same time, and the clock on your DMV refusal hearing is already running. The Law Office of Anthony Sharnov, PC reviews the stop, the testing, and your license options. Call 917-476-7666 for a free case review.