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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Key Takeaways

• In New York City, drunk driving charges are legally called DWI (Driving While Intoxicated), not DUI, and can apply to alcohol, drugs, or a combination of both.
• A standard DWI involves a blood alcohol content (BAC) of 0.08% or higher (0.02% for drivers under 21), while lower BAC levels (0.05%–0.07%) may result in a Driving While Ability Impaired (DWAI) charge. Aggravated DWI applies at 0.18%+ BAC.
• DWI is a strict liability offense in New York, meaning prosecutors do not need to prove intent, only that you were operating a vehicle while legally intoxicated or impaired.
• Penalties for a first offense can include fines up to $1,000, up to 1 year in jail, license suspension (minimum 6 months), ignition interlock requirements, and a permanent criminal record.
• A DWI case often involves both criminal court proceedings and administrative action by the DMV, making early legal representation critical to protecting your license and rights.
• An experienced NYC DUI attorney can challenge traffic stops, breathalyzer accuracy, and procedural errors, negotiate reduced charges, and fight for dismissal where possible.

Hire a DUI Lawyer

A DUI charge can have lasting negative consequences on your personal and professional life. Even if the charges are later dismissed, or you are acquitted. If you are charged with a DUI, you need to hire a DUI lawyer who can safeguard your interests and rights. At Koch Law, PLLC, we understand NYC DUI regulations and how they could affect your case.

Drug and Alcohol Related Accidents in New York

Impaired drivers can be ticketed for a DUI if they are over the legal limit for alcohol or if they are driving while under the effects of a drug. New York’s Institute for Traffic Safety Management & Research publishes drug and alcohol related crash information through the Department of Motor Vehicle Accident Information System. During 2024, there were a total of 1,090 fatalities and 12,743 serious injuries due to vehicle crashes. Of those fatalities and injuries:

• 308 fatalities were alcohol-related.
• 1,677 serious injuries were alcohol-related.
• 287 fatalities were drug-related.
• 465 serious injuries were drug-related.

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 are similar to those in 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 applies 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.

DWI Laws in New York City

There are several different drunk driving or DWI 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 the degree of the crime, for example, sexual abuse in the first degree, second degree, or third degree, DWI charges are differentiated by different names. A New York City DWI lawyer handles all severity and types of DWI 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.
• DWI with a Passenger 15 Years Old or Younger: Being charged with a DWI with a child passenger was added to New York’s traffic code as Leandra’s Law. Under this law, the penalty is treated as a class E felony, which can result in a $1,000 to $5,000 fine, seven years in prison, and a one-year license revocation.
• Refusal (DWI/Refusal): Refusing to take a breathalyzer test or other form of chemical testing when probable cause exists to warrant such a test. Under New York’s Implied Consent Law, refusing a chemical test can result in a $500 civil penalty fine, a $100 reapplication fee, and one-year license revocation.
• Second Refusal: If you have a previous DWI-related charge within the preceding five-year period, a chemical test refusal can result in a $750 civil penalty fine and 18-month license revocation. Commercial drivers can also permanently lose their CDL license.
• Zero Tolerance: Drivers who are not yet 21 years old, who have a BAC of 0.02% to 0.07%, may be charged under the Zero Tolerance Law. First-time offenders are subject to a $125 civil penalty fine, a $100 suspension termination fee, and a six-month license suspension. Second-time offenders face the same fine and fee, but a one-year license suspension, or a suspension until they turn 21 years of age.
• Zero Tolerance Refusal: Refusing a chemical test when under 21 years of age can also violate New York’s Zero Tolerance Law. The first time a chemical test is refused, the penalty includes a $300 civil penalty fine, a $100 reapplication fee, and license revocation for a minimum of one year. A second offense increases the civil penalty fine to $750.

Penalties for DWI in New York City

Being charged with DWI in New York City carries serious legal and personal consequences. The penalties vary based on factors such as your 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 DWI charge and the importance of having an experienced NYC DWI lawyer on your side.

First-Offense DWI 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

Refusing Chemical Testing

• Automatic one-year license suspension
• $500 civil penalty fine
• 15-day window to request a DMV refusal hearing at the Traffic Violations Bureau

Do You Need a Lawyer After a DWI Arrest in NYC?

Yes. New York DWI cases involve both criminal court and administrative penalties.

In addition to court proceedings, your license may be affected by the New York State Department of Motor Vehicles.

An NYC DWI lawyer can:

• Protect you at arraignment
• Fight automatic license suspension
• Review whether police had probable cause
• Challenge breath or blood test results
• Negotiate reduced charges
• Represent you at trial if necessary

Early intervention can significantly impact the outcome.

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 DWI Arrest in NYC

If you’ve been arrested for a DWI in New York City, it’s important to act quickly to protect your rights and limit 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 the license suspension.
• Document everything, including arrest details, witnesses, and police conduct.

Common DWI Defenses in New York

A strong defense depends on the facts. Possible strategies include:

• Illegal traffic stop (lack of reasonable suspicion)
• Faulty breathalyzer calibration
• Improper field sobriety administration
• Rising blood alcohol defense
• Medical conditions affecting test results
• Violation of constitutional rights

Evidence errors and procedural mistakes can lead to reduced or dismissed charges.

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.

Can I Lose My License After a DWI Arrest in NYC?

If you’re arrested for a DWI in NYC, your license is likely to be suspended or revoked at arraignment. First-time offenses usually mean a license suspension of at least six months, 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 DWI Lawyer Cost in New York?

The cost to hire a New York City DWI 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, can 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.

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.

Contact Koch Law, PLLC

Knowing and asserting your constitutional rights is crucial when you have been charged with DWI 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 DWI lawyer at Koch Law can help you understand the DWI laws in New York City and reduce the negative impact of a DWI charge. Ready to protect 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.

NYC DUI Lawyer Reviews

New York DUI Resources:

• How Long Does A DWI Stay On Your Record In NY?
• Is DWI A Felony In NY?
• Can Charges Be Dropped After Indictment in New York? 2026
• What Happens When You Get A DWI in NY?
• How To Beat A DWI in New York? 2026
• What Does A New York Criminal Defense Lawyer Do?