DWI Lawyer Brooklyn — What Are Your Defense Options?
A DWI charge in Brooklyn under NY VTL § 1192 is a serious misdemeanor carrying up to 1 year in jail, fines, and license revocation. Law Offices Of SRIS, P.C. provides focused defense for impaired driving charges. Our firm, founded in 1997, has over 120 years of combined legal experience. If you need a DWI lawyer Brooklyn, contact us 24/7 for a consultation.
New York DWI Law and Penalties
Last verified: April 2026 | Kings County Supreme Court | New York State Legislature
In New York, driving while intoxicated (DWI) is defined under Vehicle and Traffic Law (VTL) § 1192. The statute outlines several offenses: Driving While Ability Impaired (DWAI), DWI (per se with a BAC of 0.08% or higher), and Aggravated DWI (BAC of 0.18% or higher). The law also includes “Leandra’s Law,” which elevates a DWI to a felony if a child under 16 is in the vehicle. The Law Offices Of SRIS, P.C., founded by former prosecutor Mr. Sris, uses this detailed knowledge of statutory law to build defenses.
Official Legal Resources
For the official text of New York’s DWI laws, refer to NY VTL § 1192 (official New York State Senate site). Court procedures for Kings County (Brooklyn) are managed by the Kings County Supreme Court.
Handling a Brooklyn DWI Case
In Kings County, a DWI arrest triggers two parallel proceedings: a criminal case in court and an administrative license suspension action by the DMV. The DMV hearing request must be made within 15 days of arrest to preserve your right to challenge the suspension. Prosecutors in Brooklyn courts often seek plea agreements, but an experienced impaired driving charge lawyer Brooklyn can negotiate for reduced charges or explore defenses like challenging the traffic stop’s legality or the breath test’s administration.
- Secure Representation Immediately: Contact a lawyer to protect your license and begin building your defense before the DMV deadline.
- Request a DMV Refusal Hearing: This must be done within 15 days of your arrest to fight the automatic license suspension.
- Case Review & Investigation: Your attorney will obtain all evidence, including police reports, dash/body cam footage, and breathalyzer calibration records.
- Develop a Defense Strategy: This may involve challenging the stop’s probable cause, the accuracy of field tests, or the administration of chemical tests.
- Court Appearances & Negotiation: Your lawyer will represent you at all arraignments and pre-trial conferences, seeking the best possible resolution.
- Trial or Resolution: If a favorable plea cannot be reached, your attorney will be prepared to take the case to trial before a judge or jury.
Potential Penalties for DWI in Brooklyn
In Kings County (Brooklyn), a first-offense DWI carries penalties including jail time, significant fines, and a mandatory license revocation.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| DWAI (1st) | Traffic Infraction | Up to 15 days | $300 – $500 | 90-day suspension | Driver Responsibility Assessment |
| DWI (1st) | Misdemeanor | Up to 1 year | $500 – $1,000 | 6-month revocation | Ignition Interlock, DRA |
| Aggravated DWI (1st) | Misdemeanor | Up to 1 year | $1,000 – $2,500 | 1-year revocation | Enhanced fines & interlock |
| DWI with Child (Leandra’s Law) | Class E Felony | Up to 4 years | $1,000 – $5,000 | 1-year revocation | Ignition Interlock, felony record |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your DWI Defense
Law Offices Of SRIS, P.C. was founded in 1997 and brings over 120 years of combined attorney experience to every case. Our firm-wide track includes 4,739+ documented case results. We understand that a DWI charge in Brooklyn can upend your life, affecting your driver’s license, employment, and future. Our approach is to provide a strong, detail-oriented defense from the moment you contact us.
Case Results and Client Advocacy
While specific case counts for Kings County are not published, our firm-wide record demonstrates our commitment to favorable outcomes. Across our practice areas in VA, MD, NJ, NY, and DC, we have achieved over 4,739 documented case results with a favorable outcome rate exceeding 93%. We apply this extensive litigation experience to every DWI defense.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Brooklyn DWI Defense Lawyers
Our New York location serves clients in Kings County (Brooklyn). We are accessible to clients from neighborhoods including Downtown, Williamsburg, Park Slope, DUMBO, Brooklyn Heights, Bushwick, Crown Heights, Flatbush, Bay Ridge, Bed-Stuy, Bensonhurst, Coney Island, Brownsville, and Sunset Park.
Availability: 24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
Frequently Asked Questions: DWI in Brooklyn
What is the difference between DWI and DWAI in New York?
Yes, there is a key difference. DWAI (Driving While Ability Impaired) is a violation for BAC 0.05-0.07% or showing impairment. DWI is a misdemeanor for BAC 0.08% or higher or showing intoxication. Penalties for DWI are more severe.
Will I lose my license immediately after a DWI arrest in Brooklyn?
Yes. Upon arrest, your license is typically suspended at arraignment. You must request a DMV refusal hearing within 15 days to fight this suspension. A driving while intoxicated defense lawyer Brooklyn can handle this critical step.
Can I get a conditional license after a DWI in NY?
It depends. You may be eligible for a conditional “hardship” license for driving to work, school, or medical appointments after a mandatory waiting period and if you enroll in the Impaired Driver Program. Eligibility requires a hearing and is not guaranteed.
What is Leandra’s Law?
Leandra’s Law (VTL § 1192.2-a) makes it a Class E felony to drive drunk with a passenger under 16 years old. Conviction mandates ignition interlock installation and carries felony penalties, including potential state prison time.
Should I take the breath test if stopped for DWI?
This is a complex decision with immediate consequences. Refusal leads to an automatic license revocation and a separate DMV hearing, but may deprive prosecutors of BAC evidence. Consulting with an impaired driving charge lawyer Brooklyn immediately is crucial to understand your specific situation.
Related Legal Information
If you are facing a DWI charge in Brooklyn, you may also want to learn about New York DUI/DWI defense. For other legal matters in Kings County, consider our services for business law or federal criminal defense. We also represent clients in nearby areas like Albany County.
Page last verified and updated: April 2026. Laws and procedures change. For the most current advice regarding your DWI charge, contact Law Offices Of SRIS, P.C. directly.