Suffolk County DWI Lawyers

If you have been arrested for driving while intoxicated (DWI) in New York, you need an experienced and aggressive team of DWI lawyers to defend your rights and fight for your future. DWI charges can have serious consequences, ranging from fines and license suspension to jail time and a permanent criminal record. Don’t make the mistake of facing a DWI charge of any kind without a competent Suffolk County DWI lawyer in your corner who can help protect you at every turn. Continue reading and contact Castro & Trodden, LLC today so we can get started working on your case.

DWI Lawyers Fighting for Clients in Suffolk County & All of Long Island

Being charged with a DWI can be a frightening experience. That said, with the right Suffolk County criminal defense lawyer in your corner, it does not have to be so overwhelming. Castro & Trodden, LLC has decades of experience representing individuals who’ve been charged with crimes here in New York, and we are prepared to represent you as well.

What Constitutes a DWI in New York?

Importantly, you should first understand what may constitute a DWI in New York. Anyone who is arrested with a blood alcohol content (BAC) of .08% or higher will be arrested and charged with a DWI. That said, there are some cases where a BAC of even less can warrant a DWI. For example, if law enforcement determines that a driver is under the influence of drugs, they may still receive a DWI charge. Additionally, if the driver is under the age of 21, they can receive a DWI for having a BAC of just .02% under New York’s Zero Tolerance Law. Also, if someone is operating a commercial vehicle, meaning they have a commercial driver’s license (CDL), they may receive a DWI charge for driving with a BAC of just .04%.

Penalties for First, Second & Third DWI Offenses in NY

New York takes DWI offenses seriously, and penalties become increasingly severe with each subsequent conviction. If you have been charged with a DWI, it is crucial to understand what is at stake. The penalties for various DWI offenses in New York are as follows:

• First-Offense DWI (Misdemeanor): A first-time DWI conviction can result in up to one year in jail, fines ranging from $500 to $1,000, and a six-month license suspension. The driver may also be required to install an ignition interlock device (IID) and attend a mandatory DWI victim impact panel or alcohol education program.
• Second-Offense DWI (Class E Felony): A second DWI offense within 10 years escalates to a felony, carrying up to four years in prison, fines between $1,000 and $5,000, and a minimum one-year license revocation. The driver will also be required to install an IID for at least one year.
• Third-Offense DWI (Class D Felony): A third conviction within 10 years results in a potential seven-year prison sentence, fines of $2,000 to $10,000, and a minimum 18-month license revocation. Additional penalties include mandatory drug and alcohol treatment, a permanent criminal record, and long-term monitoring.

Penalties for Aggravated DWI in NYS

An Aggravated DWI (A-DWI) is a more serious offense in New York, typically charged when a driver’s BAC is .18% or higher—more than twice the legal limit. The penalties are harsher than those for a standard DWI and can have lasting consequences.

• First-Offense Aggravated DWI: This is a misdemeanor that carries up to one year in jail, fines between $1,000 and $2,500, a one-year license revocation, and mandatory enrollment in the Drinking Driver Program (DDP).
• Second-Offense Aggravated DWI: If the driver is convicted of an A-DWI within 10 years of a prior DWI or A-DWI, it becomes a Class E felony, punishable by up to four years in prison, fines between $1,000 and $5,000, and a minimum 18-month license revocation.
• Third-Offense Aggravated DWI: A third A-DWI within 10 years is a Class D felony, punishable by up to seven years in prison, fines of $2,000 to $10,000, and a minimum 18-month license revocation.

CDL DWI Penalties in NYS

For commercial drivers, the consequences of a DWI are even more severe, as they are held to a higher standard due to the nature of their profession. In New York, a CDL holder can be charged with a DWI if their BAC is just .04%, which is half the legal limit for non-commercial drivers.

• First-Offense CDL DWI: Results in a one-year suspension of a commercial driver’s license (three years if transporting hazardous materials), fines up to $1,000, and possible jail time of up to one year.
• Second-Offense CDL DWI: A second conviction permanently revokes the driver’s commercial license, making it impossible to work in commercial trucking or transportation again. Additional penalties include fines up to $5,000 and up to four years in prison.

Even if the DWI occurred while driving a personal vehicle, CDL holders face the same penalties as if they were in their commercial vehicle.

Underage DWI Penalties in New York

New York enforces a Zero Tolerance Law for drivers under the age of 21, meaning even a BAC of .02% can result in penalties. Underage drivers face serious consequences for DWI-related offenses, including:

• BAC of .02% to .07% (Zero Tolerance Violation): This results in a civil penalty of $125, a six-month license suspension, and enrollment in an alcohol education program.
• BAC of .08% or Higher (Standard DWI): If an underage driver’s BAC is .08% or more, they face the same misdemeanor or felony penalties as adult offenders, including fines, license revocation, and potential jail time.
• Refusal to Take a Chemical Test: Refusing a breathalyzer or blood test results in an automatic one-year license revocation, a $500 fine, and a $100 license reinstatement fee.

Can I Plead My DWI Down to a DWAI?

In some cases, it may be possible to have a DWI charge reduced to a DWAI (Driving While Ability Impaired). While both are alcohol-related offenses, a DWAI is a traffic infraction rather than a criminal misdemeanor, meaning the penalties are significantly less severe. A DWAI conviction carries:

• Fines between $300 and $500
• Up to 15 days in jail
• A 90-day license suspension (rather than six months or more for a DWI)

However, not everyone qualifies for a plea reduction. Courts may allow a DWI to be reduced to a DWAI in cases where:

• The driver has no prior DWI convictions
• The BAC was close to .08%
• There were no aggravating factors (such as an accident or injury)

Each case is unique, and an experienced team of Suffolk County DWI lawyers can negotiate with the prosecution to seek the best possible outcome for your specific situation.

Defenses Against DWI Charges

Being charged with a DWI does not mean an automatic conviction. A skilled defense attorney can challenge the case against you using various legal strategies, including the following:

• Challenging the Traffic Stop: If the officer did not have probable cause to stop you, any evidence obtained during the stop may be suppressed.
• Questioning Field Sobriety Tests: These tests are highly subjective, and improper administration can lead to inaccurate results.
• Breathalyzer & Blood Test Issues: If the breathalyzer was not properly calibrated or the blood test was mishandled, the results may be deemed inadmissible in court.
• Medical & Health Defenses: Conditions like acid reflux, diabetes, or certain medications can lead to false positives on breath tests.
• Violation of Miranda Rights: If law enforcement failed to read your rights, any statements you made could be thrown out.

Contact Our DWI Lawyers Today

Don’t make the mistake of facing your DWI charge without a competent team of Suffolk County DWI lawyers in your corner. Our firm has decades of experience representing clients charged with driving while under the influence of drugs or alcohol, and we are here to put that experience to work for you in your case as well. Contact Castro & Trodden, LLC today to schedule your free case evaluation with our dedicated Smithtown-based criminal defense firm.