NYC DUI Lawyer

New York City DUI Attorney

If you’ve been charged with driving under the influence (DUI) or driving while intoxicated (DWI) in New York City, you could be facing harsh penalties that may affect your driver’s license, employment, and personal freedom. A skilled NYC DUI lawyer can contest the evidence, safeguard your rights, and fight for the most favorable resolution in your criminal case.

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Understanding Charges for Driving While Intoxicated in New York City

Most states refer to drunk driving laws as DUI, but this actually isn’t the case in New York. A DUI offense in New York, including those in New York City, is officially called driving while intoxicated or DWI. While the name and acronym differ, the severity of the charges and potential outcome is similar to other states.

Most commonly, charges for DUI or DWI apply to instances of drunk or impaired driving, but not always. Drunk driving is the operation of a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. Typically, a driver’s BAC is determined through a breath test, which is performed either roadside or at a police station.

Unlike other New York City crimes, such as drug possession, petit larceny, computer fraud, and white-collar crimes, DWI in New York is a strict liability crime. This means the New York City prosecutor doesn’t need to show intent to prove you committed the offense. There is no way for a defendant to argue that they mistakenly drove while intoxicated; adults are expected to use appropriate judgment and refrain from driving after consuming drugs or alcohol.

While we most often associated DWI with drunk driving, the same offense is applicable to impairment from a controlled substance. Instances that involve DWI by controlled substances are generally considered more serious and more likely to result in a hefty punishment. Additionally, a defendant in such a case may not only face a DUI/DWI charge but also charges of drug possession or other offenses.

DUI Laws in New York City

There are several different drunk driving or DUI laws enforced in New York City. These laws vary in severity, but all cover similar actions by a driver. Whereas other criminal offenses are differentiated by degree of the crime, for example, sexual abuse in the first degree, second degree or third degree, DUI charges are differentiated by different names. A New York City DUI lawyer handles all severity and type of DUI charges.

• Driving While Intoxicated (DWI): The most common drunk driving offense and defined as the operation of a motor vehicle with a BAC of 0.08% or higher or 0.02% if the driver is under the age of 21.
• Driving While Ability Impaired by Alcohol (DWAI/Alcohol): Law enforcement notices evidence of impairment by alcohol and the driver has a BAC between 0.05% and 0.07%.
• Driving While Ability Impaired by Drugs (DWAI/Drugs): Based on evidence from a chemical test, a driver is shown to have one or more controlled substances in his or her system.
• Driving While Ability Impaired by Drugs and Alcohol (DWAI/Combination): Based on a breath test and evidence of a chemical test, a driver is shown to have a BAC above 0.05% and a controlled substance in his or her system.
• Aggravated DWI: Based on a breath test, a driver’s BAC is 0.18% or higher, or there is another aggravating circumstance to a charge for DWI.

Penalties for DUI in New York City

Being charged with driving under the influence (DUI) in New York City carries serious legal and personal consequences. The penalties vary based on factors such as your blood alcohol concentration (BAC), prior convictions, and whether anyone was injured. Even a first-time offense can result in steep fines, jail time, and license suspension. Understanding the potential penalties can help you grasp the seriousness of a DUI charge and the importance of having an experienced NYC DUI lawyer on your side.

First-Offense DUI Penalties

• Fine: $500–$1,000
• Jail: Up to 1 year
• License suspension: Minimum 6 months
• Mandatory alcohol education or treatment

Repeat Offenses and Aggravated DWI

• Higher fines and longer license revocation periods
• Aggravated DWI (BAC 0.18%+) includes harsher penalties

Additional Consequences

• Ignition interlock device requirement
• Higher insurance rates
• Criminal record and employment difficulties

How an NYC DUI Lawyer Can Help You

Facing a DUI or DWI charge in New York City can be overwhelming. An experienced NYC DUI lawyer can guide you through the legal process, protect your rights, and challenge the evidence against you. Below is a list of ways a lawyer can help.

Challenging the Evidence

• Breathalyzer accuracy and calibration
• Unlawful traffic stops or lack of probable cause
• Mishandled field sobriety tests

Protecting Your Rights

• Representing you at DMV hearings
• Negotiating plea deals or reduced charges
• Preparing for trial, if needed

Meet Your Attorney

Lee A. Koch

Managing Attorney, Koch Law PLLC

Lee draws on his background as a former USAF intelligence specialist to bring precision and strategy to criminal defense in New York City. Whether you’re facing misdemeanor charges or serious felony indictments, he builds defense strategies designed to challenge evidence, protect your rights, and position you for the strongest outcome in court.

Call 866-640-2264

What to Do After a DUI Arrest in NYC

If you’ve been arrested for a DUI in New York City, it’s important to act quickly to protect your rights and minimize potential consequences. The steps you take immediately after your arrest can make a big difference in the outcome of your case. Here’s a concise guide on what to do right away:

• Do not answer questions without a lawyer present.
• Contact a DUI lawyer immediately.
• Request a DMV hearing within 10 days to challenge license suspension.
• Document everything, arrest details, witnesses, and police conduct.

Common Defenses Against NYC DUI Charges

Facing a DUI in New York City doesn’t automatically mean a conviction. Skilled attorneys often uncover legal or procedural issues that can weaken the prosecution’s case. Common defenses include challenging the stop or arrest, questioning the accuracy of chemical tests, and identifying medical or legal factors that may explain alleged impairment.

• Improper police stop or arrest
• Faulty breath or blood test result
• Rising BAC defense
• Medical conditions mimicking impairment
• Violation of Miranda rights

FAQs

What’s the Difference Between DUI and DWI in New York?

In New York, people often use DUI and DWI to mean the same thing, but legally, DWI is the official term for driving while impaired. A DWI applies when a driver’s blood alcohol content (BAC) is 0.08% or higher, or if they show clear signs of impairment. A less serious charge, called DWAI (driving while ability impaired), usually covers BACs between 0.05% and 0.07% or other evidence that the driver’s abilities were affected.

Will I Lose My License After a DUI Arrest in NYC?

If you’re arrested for a DUI in NYC, your license will likely be suspended or revoked at arraignment. First-time offenses usually mean at least six months off, while second offenses carry a minimum of one year. You may qualify for a limited “hardship” license by meeting specific requirements and submitting a request.

How Much Does a DUI Lawyer Cost in NY?

The cost to hire a New York City DUI lawyer depends on the lawyer’s billing policy. Most criminal defense attorneys in New York City work on an hourly basis, so the more time they spend on a case, the more the client pays in legal fees. Koch Law, PLLC, will review the terms and conditions of our billing policy with you at the outset of your case so you know exactly what to expect when it comes to your legal fees.

Why Is the Right to Remain Silent So Important in New York City?

In New York City, the right to remain silent is essential as it safeguards individuals from self-incrimination and the potential misuse of their statements, supporting a fair legal process. Given the frequency of police interactions in the city, knowing and exercising this right is crucial to prevent unintentionally damaging your case or being pressured into making incriminating remarks.

Can a DUI Charge Be Reduced or Dismissed?

A DUI charge can sometimes be reduced or dismissed, either by negotiating a plea to a lesser offense such as reckless driving or by uncovering legal errors. Factors like being a first-time offender, having a low blood alcohol level, avoiding accidents or injuries, and having a skilled lawyer can improve the chances of a favorable outcome. A strong defense may also challenge procedural mistakes or faulty evidence, like improper traffic stops or unreliable testing equipment.

Knowing and asserting your constitutional rights is crucial when you have been charged with DUI or any other criminal offense in New York City. Do not make the mistake of assuming that you can navigate your case successfully on your own. A DUI lawyer at Koch Law can help you understand the DUI laws in New York City and reduce the negative impact of a DUI. Ready to fight for your future? Contact our team to learn more about how we can help you.

Schedule a Free Consultation with Koch Law

How to Reach Our Law Offices

If you’ve been charged with a crime or simply need legal advice, our team at Koch Law, PLLC is here to help. With offices conveniently located across Manhattan, Long Island, and Westchester, you can meet us where it’s easiest for you. Here’s how to find each of our offices, no matter where you’re coming from:

📍 Manhattan Office

521 5th Avenue, 17th Floor, Suite 1712
New York, NY 10175

From Uptown Manhattan or the Bronx:

• Travel south on the FDR Drive or 5th Avenue.

• Turn right onto E 43rd Street if you’re approaching via FDR, or continue south if on 5th.

• Koch Law office is near the corner of 5th Ave and E 43rd, just a short walk from Grand Central Station.

From Brooklyn or Queens:

• Take the Manhattan Bridge or Queens Midtown Tunnel.

• Use Park Ave or Lexington Ave northbound, then turn left onto E 43rd Street.

• Make a right onto 5th Ave—our building is on the right-hand side, just before 44th.

📍 Long Island Office

3296 Waterbury Drive
Wantagh, NY 11793

From the West (Nassau County):

• Use the Southern State Parkway eastbound.

• Exit at Wantagh Avenue (Exit 28N), turn left onto Jerusalem Ave, then right onto Waterbury Drive.

From the East (Suffolk County):

• Head west on Sunrise Highway (NY-27).

• Take the Wantagh Parkway north, exit at Jerusalem Ave, and continue to Waterbury Drive.

📍 Westchester Office

203 E Post Road
White Plains, NY 10601

From the South (Bronx or Manhattan):

• Travel north on the Bronx River Parkway.

• Exit at Main Street in White Plains, turn right onto S Broadway, then left onto E Post Road.

From the North (Northern Westchester or Connecticut):

• Head south via I-684 or Hutchinson River Parkway.

• Take the exit for Mamaroneck Avenue or Main Street, then head toward E Post Road.

Wherever you’re coming from, know that Koch Law, PLLC is ready to support your case with experienced, discreet, and strategic defense representation. Call (929) 822-7778 today to schedule a confidential consultation.

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New York Criminal Law Resources:

• Falsely Accused of a Crime in New York
• Types Of Robbery Charges In New York City (2025)
• Searching Cell Phones: When Can the Police Search Your Devices?
• What Are the Conditions of Making Bail in NY?
• How Long Does A DWI Stay On Your Record In NY?
• Is DWI A Felony In NY?