Staten Island DWI Attorney

DWI Lawyer in Staten Island, NY

DWI/DWAI (driving while intoxicated/driving while ability impaired) is a serious crime in New York City. It can result in the revocation of your license, driving restrictions like an interlock device, a criminal record, steep fines, or incarceration. If you’ve been arrested for drunk driving in New York City or Staten Island, you need an experienced NYC DWI attorney or a Staten Island DWI lawyer who can help protect your career, reputation, and freedom.

The right attorney could minimize the consequences of your charges.

The Dedicated Criminal Defense Team at The Law Office of Tracy & Tracy

Our firm is a fierce defender of the rights of people like you. We can work hard to build a defense against your DWI charges. Brendan Tracy is a highly experienced former prosecutor who can best defend your DWI/DWAI case, and he can fight zealously for you and your family’s future. A criminal record for a DWI can have significant consequences on your life, from direct criminal penalties to limitations on your ability to drive.

Our firm can review the options for your DWI case, including plea deals, dismissing evidence, and the need for trial. We can use New York’s DWI laws to reach the ideal outcome for your case, whether that means the reduction of your charges or a dismissal of the case against you. Our team can represent you throughout your case.

The Law Office of Tracy & Tracy has experience with local courts and prosecutors, including the 13th Judicial District serving Richmond County. Our attorneys have recently been elected to the Richmond County Bar Association board. Our local connections help us more effectively fight for your rights.

DWI vs. DWAI vs. DUI: What’s the Difference in NYC? NYC Drunk Driving Laws Explained

While these charges may sound and seem similar, there are key differences between them. Also, the crime in New York is called DWI (driving while intoxicated), not DUI (driving under the influence), but people still use both terms interchangeably, so we refer to both of them here.

In July 2025, there were 411 vehicle accidents in Staten Island, and 175 of these resulted in an injury or fatality. Nine of the vehicles involved in fatal or injury crashes had alcohol involvement as a contributing factor in the crash. According to the Federal Bureau of Investigation, in 2019, there were 25,059 arrests for driving under the influence in New York.

It’s crucial to understand the criminal offenses you could face in Staten Island:

Driving While Intoxicated (DWI): This is the offense of having a .08 Blood Alcohol Content (BAC) or higher, or other evidence of intoxication. For drivers of commercial motor vehicles, this limit is: .04 BAC or other evidence of intoxication.

Aggravated Driving While Intoxicated (Aggravated DWI/A-DWI): This is a more serious charge and requires a .18 BAC or higher. Multiple A-DWIs in under 10 years are subject to Class E and D felony charges.

Driving While Ability Impaired by Alcohol (DWAI/Alcohol): Many people mistakenly think .08 is the legal limit in NY, but you can be charged with a crime if your BAC is as low as .05. DWAI/Alcohol is for cases with more than .05 BAC but less than .07 BAC, or other evidence of impairment. There are also other DWAI charges:

• Driving While Ability Impaired by a Single Drug other than Alcohol (DWAI/Drug).
• Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol (DWAI/Combination).

These offenses can be charged for using a controlled substance and driving impaired, even if it is a prescription drug.

Chemical Test Refusal: Drivers operating their vehicles in New York have given implied consent to submit to a chemical test if suspected of a DWI. A driver who refuses to take a chemical test/breathalyzer when arrested for suspicion of drunk driving can face immediate consequences, like the suspension of a driver’s license and civil fines. In some cases, like when another person was injured or killed, the court may issue a warrant for a blood test and you may not be able to refuse.

New York Zero Tolerance Law for Drunk Driving: A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law. Underage drivers can face serious consequences for operating their vehicles with even a small amount of alcohol.

Leandra’s Law: If there is a child under 16 in the vehicle at the time of a drunk driving arrest, you may be charged with a Class E Felony under Leandra’s Law. This is serious and can result in a felony conviction and up to 4 years in state prison. If the child in the vehicle was injured or killed, the felony can be upgraded to a Class C or Class B felony and up to 16 or 25 years in prison respectively.

MEET BRENDAN TRACY

The penalties for drunk driving in NYC depend on the charges, your criminal history, and how aggressively your attorney negotiates for you in the plea agreement or settlement. If going to trial, you’ll want an attorney who’s experienced in trial law for DWI cases. As a former NYC prosecutor, Brendan Tracy has built cases from the ground up, conducting long-term and short-term investigations, grand jury presentations, evidentiary hearings, and trials. The relationships he has built with prosecutors, judges and court staff in both Manhattan and Staten Island help him to fight for and achieve the best outcome possible for his clients in DWI/DWAI cases.

Brendan knows what it takes to advocate for those accused of committing a crime because he has first-hand knowledge of what it takes to prosecute someone who has been arrested for committing a crime.

Penalties of a DWI/DWAI Charge

DWI offenses are serious, and they can lead to misdemeanor or felony charges. These offenses can result in penalties such as:

• Hundreds to thousands in fines
• License revocation or suspension
• Days to years of imprisonment
• Higher insurance rates
• Probation, community service, required substance abuse classes, and other alternative sentencing
• Installation of an ignition interlock device (IID) if your license is reinstated
• A permanent criminal record, which can harm your employment and other opportunities

The severity of your penalties depends on the severity of the charge. For example, some DWI penalties in Staten Island include the following:

• First-offense DWI, DWAI-Drug, or DWAI-Combination can lead to up to one year of imprisonment, fines of between $500 and $1,000, and a license revocation for a minimum of six months.
• Second-offense DWI, DWAI-Drug, or DWAI-Combination in 10 years can result in up to four years of imprisonment, fines of between $1,000 and $5,000, and license revocation for up to one year.
• Third-offense DWI, DWAI-Drug, or DWAI-Combination in 10 years can result in up to seven years of imprisonment, fines of between $2,000 and $10,000, and license revocation for up to one year.
• A first aggravated DWI offense can lead to up to a year of imprisonment, a fine of between $1,000 and $2,500, and license revocation for a minimum of one year.
• A second offense for an aggravated DWI can result in up to four years of imprisonment, fines of between $1,000 and $5,000, and license revocation for at least 18 months.
• A third offense for an aggravated DWI leads to up to seven years of imprisonment, fines of between $2,000 and $10,000, and license revocation for a minimum of 18 months.

These charges can have serious repercussions on your life. When you work with an experienced Staten Island DWI attorney, they can review the facts of your arrest and the evidence against you. Your attorney considers the options you have for defense, and they can determine whether it is better to work toward reducing the charges or fighting them. You have a greater chance of avoiding the worst penalties when you have a resilient attorney by your side.

FAQs

Q: How Much Does a DWI Lawyer Cost in New York?

A: The cost of hiring a DWI lawyer in New York will vary, depending on the complexity and severity of your charges and the experience of your attorney. Some straightforward criminal cases may be charged a flat fee, but an hourly rate is more common. The fees for a criminal defense lawyer in Staten Island may be higher. Always discuss fees with your attorney upfront.

Q: What Is the Two-Hour Rule for a DWI Offense in New York?

A: The two-hour rule for a DWI offense in New York refers to when a chemical test may be administered to someone; specifically, when a police officer has reasonable cause to believe that person was committing a DWI. A driver has given implied consent to submit to a chemical test if a police officer has reasonable grounds to arrest them. The officer must provide the test within two hours of the arrest or within two hours after a breath test.

Q: Do I Need a Lawyer for a DWI Case in New York?

A: You have the right to a defense against a criminal charge, and it is in your interests to hire a DWI lawyer in New York. Just because you have been arrested for a DWI doesn’t mean you will be convicted. An attorney can challenge the evidence against you, dispute the legality of the traffic stop, or take other measures that could limit the charges against you. It could even result in the case against you being dropped.

Q: How Can I Get a DWI Dismissed in New York?

A: There are many options for defenses against a DWI in New York, including:

• Challenging the reliability, accuracy, or administration of a chemical test
• A lack of probable cause for the traffic stop
• A rising blood alcohol after the stop
• Any improper procedures by law enforcement

When you hire a DWI lawyer, they can review your specific circumstances to determine an ideal defense that protects your future.

Work With Zealous Defense Attorneys in Staten Island

If you are facing DWI charges, contact The Law Office of Tracy & Tracy today to schedule a consultation and learn how we can defend your case.