A DWI charge in Kings County (Brooklyn) under NY VTL § 1192 carries up to 1 year in jail for a first offense. Law Offices Of SRIS, P.C. has handled thousands of cases firm-wide. A Repeat DWI Lawyer Brooklyn can help you challenge the evidence and protect your driving privileges.
Last verified: April 2026 | Kings County Supreme Court | New York State Legislature
New York Vehicle and Traffic Law (VTL) § 1192 defines three main types of impaired driving offenses in Kings County (Brooklyn). A driving while intoxicated defense lawyer Brooklyn must understand the differences between common law DWI (driving while ability impaired by alcohol), per se DWI (BAC of 0.08% or higher), and DWAI (driving while ability impaired by drugs or alcohol). Each charge carries distinct penalties and requires a specific defense strategy. The law also includes Leandra’s Law (VTL § 1192.2-a), which makes it a felony to drive intoxicated with a child under 15 in the vehicle.
For DWI/DWAI defense in Kings County (Brooklyn), the primary statutes are NY VTL § 1192.2 (per se DWI) and § 1192.3 (common law DWI). These statutes define the legal standards for impairment and intoxication that prosecutors must prove beyond a reasonable doubt.
Review the official statutes: NY VTL § 1192 (official New York State Senate) and the Kings County Supreme Court website.
- Arraignment: You appear before a judge within 24 hours of arrest. The court sets conditions of release.
- DMV Refusal Hearing: You have 15 days to request this hearing if you refused the chemical test. Failure to request results in automatic license suspension.
- Discovery: Your attorney reviews the police report, dashcam footage, and chemical test results.
- Motion Practice: Your attorney files motions to suppress evidence if the stop or test was illegal.
- Plea Negotiations: Your attorney negotiates with the prosecutor for a reduction to DWAI or dismissal.
- Trial: If no agreement is reached, your case proceeds to trial before a judge or jury.
In Kings County (Brooklyn), a first DWI offense carries fines of $500-$1,000 and up to 1 year in jail.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| DWAI (First) | Violation | Up to 15 days | $300-$500 | Conditional license possible | DRA: $250/year for 3 years |
| DWI (First) | Misdemeanor | Up to 1 year | $500-$1,000 | Revocation: 6 months | Ignition interlock: $100-$200/month |
| Aggravated DWI (BAC 0.18+) | Misdemeanor | Up to 1 year | $1,000-$2,500 | Revocation: 1 year | Mandatory ignition interlock |
| Leandra’s Law (Child under 15) | Class E Felony | Up to 4 years | Up to $5,000 | Revocation: 6 months | Mandatory ignition interlock |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined legal experience and has handled 4,739+ documented case results firm-wide with a 93%+ favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, demonstrating his deep understanding of legal procedure and advocacy.
No verifiable case result is available for this jurisdiction/topic. Firm-wide, SRIS has handled 4,739+ documented case results with over 93% favorable outcomes across VA, MD, NJ, NY, and DC.
Results may vary. Prior results do not guarantee a similar outcome.
Our New York location serves clients at Kings County (Brooklyn) courts. Toll-Free: (888) 437-7747 | Local: (838)-292-0003. By appointment only. 24/7 phone consultations.
We serve clients near the Brooklyn Courthouse (Jay St), Barclays Center, DUMBO, Brooklyn Bridge, and Prospect Park. Accessible via BQE (I-278), Atlantic Ave, Flatbush Ave, and Belt Pkwy. Extensive subway access (2/3/4/5/B/D/F/G/N/Q/R) and LIRR Atlantic Terminal.
Neighborhoods served: Brooklyn (Downtown, Williamsburg, Park Slope, DUMBO, Brooklyn Heights, Bushwick, Crown Heights, Flatbush, Bay Ridge, Bed-Stuy, Bensonhurst, Coney Island, Brownsville, Sunset Park).
Does New York have cash bail for DWI charges?
Yes, but NY’s 2020 bail reform eliminated cash bail for most misdemeanors. DWI charges may still require bail depending on the specific circumstances. Cases are heard at Kings County Supreme Court (360 Adams Street, Brooklyn, NY 11201).
What is an ACD in Kings County (Brooklyn), New York?
Yes, Adjournment in Contemplation of Dismissal (ACD) is available for some first-time DWI offenses. Charges are adjourned for 6-12 months and automatically dismissed if you have no new arrests. ACD records can be sealed.
Can I get my criminal record sealed after a DWI in Kings County (Brooklyn)?
It depends. NY offers conditional sealing under CPL § 160.59 for qualifying convictions after 10 years. ACD results in automatic sealing. Marijuana-related offenses have expanded eligibility.
What is the penalty for a first DWI misdemeanor in Kings County (Brooklyn)?
A first DWI is a Class A misdemeanor carrying up to 1 year in jail, fines of $500-$1,000, and a 6-month license revocation. Most defendants are released without bail under NY’s 2020 bail reform.
How long does a DWI case take in Kings County (Brooklyn)?
It depends. Arraignment occurs within 24 hours. The DMV refusal hearing must be requested within 15 days. Trial typically takes 3-12 months from arrest to resolution.
For more information, visit our New York DUI/DWI Lawyer hub. See also Albany County DUI/DWI Lawyer and Broome County DUI/DWI Lawyer. For related services in Kings County (Brooklyn), see Business Lawyer Kings County (Brooklyn) and Federal Criminal Lawyer Kings County (Brooklyn).
Attorney Profile: Mr. Sris. Location: New York Location.
Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.