New York DWI Attorney

Aggressive & Effective DWI Defense in Greater New York City

Driving while intoxicated is one of the most common offenses handled in New York courts but that does not make it any less serious. Whether you have been arrested for a first-offense DWI or a repeat offense, you face the possibility of incarceration, probation, heavy fines, loss of your driver’s license, and other court-ordered programs. Even if the court allows you to drive following a conviction, you may be required to install and maintain an ignition interlock device in your car at your own expense; these devices operate similarly to a breathalyzer to measure whether you have alcohol in your system and thus are safe to drive.

In this situation, you can turn to the Law Office of Tara Whelan for dedicated and aggressive representation. As your New York DWI lawyer, I will work zealously within the bounds of the law to deliver the best possible result in your case. With 11 years of DWI experience at my disposal as well as certification by the National Highway Traffic and Safety Administration in Standardized Field Sobriety Tests, I have the knowledge, credentials, and resources to fully represent you in fighting charges that can seriously affect your life.

Contact my office at (516) 647-4828 to arrange for a complimentary and confidential consultation about your arrest today.

What is DWI According to New York Law?

Under New York law, various types of charges exist with respect to driving under the influence. These include the following:

• DWI, which means driving with a blood alcohol concentration (BAC) of .08 percent or higher; it also includes driving with a BAC of .04 percent or higher for commercially licensed drivers.
• Aggravated DWI, which means driving with a BAC that measures .18 or higher.
• DWAI/Alcohol, Driving While Ability Impaired by Alcohol, which means driving with a BAC that measures .05 percent up to .07 percent or showing other evidence of impairment.
• DWAI/Drug, which means Driving While Ability Impaired by a drug.
• DWAI/Combination, which means Driving While Ability Impaired by a combination of drugs and/or alcohol.
• Zero Tolerance, which applies to a driver under the age of 21 who is found driving with a BAC measuring .02 percent up to .07 percent.

Penalties for Driving While Intoxicated

DWAI/Alcohol convictions are considered infractions in first and second convictions. Third convictions within 10 years move to misdemeanor charges. Misdemeanor charges involve potential jail time of up to a year, fines, and license suspensions.

Penalties for a DWI or DWAI involving a drug or a combination of drugs and/or alcohol are charged as misdemeanors in a first conviction. Misdemeanors can carry a maximum of jail time up to year. However, the penalties you face will depend on the circumstances. You will likely face fines as well as a license suspension that could be for up to six months.

Aggravated DWIs will carry harsher penalties and fines will likely increase. You may face jail time, and the loss of your license for a longer period than for a standard DWI.

A first offense in violation of the Zero Tolerance law for those under 21 is punishable by a civil penalty and a fee to terminate suspension along with a potential license suspension that could last for up to six months.

Second and third convictions of DWI and related offenses are charged as felonies if they have occurred within 10 years of a first conviction. These convictions may involve prison terms and excessive fines with a potential loss of your license for a year. If your prior convictions were within a four-year period, you may face an even harsher license suspension.

Let the Law Office of Tara Whelan Investigate & Defend Your Case

I can conduct a detailed investigation into your case to build a strategy of defense. DWI defenses can be based on many factors such as questionable breathalyzer results, flawed equipment used for chemical tests, lack of probable cause, witness testimony and more. You can rely on me to aggressively fight the charges and give you the most effective defense possible. Let me put my extensive experience to work for you.

Reach out to my office at (516) 647-4828 for your free case evaluation today. Available 24/7.