Aggressive DUI & DWI Defense from Former Prosecutors
If you’ve been arrested for driving while intoxicated (DWI) or driving under the influence (DUI) in New York, the decisions you make next can have a major impact on the outcome of your case. A DWI conviction can mean fines, license suspension, potential jail time, and a criminal record that can follow you for years.
You need a DUI lawyer who understands how prosecutors build these cases. Our attorneys have firsthand experience on both sides of the courtroom.
At Ianniello Chauvin, LLP, our DUI attorneys and DUI/DWI lawyers bring more than 100 years of combined legal experience to DWI defense across Saratoga Springs, Clifton Park, Albany, and Glens Falls. Managing Partner Matthew E. Chauvin served as an Assistant District Attorney in Saratoga County for six years, prosecuting the same types of charges he now defends. That experience directly shapes how we approach every case as your driving under the influence lawyer.
We are available 24 hours a day, 7 days a week. DWI arrests do not happen only during business hours, and neither do we.
Challenging the Evidence in Your DWI Case
A DWI arrest does not automatically mean a DWI conviction. The prosecution has to prove guilt beyond a reasonable doubt, and our attorneys know where to look for weaknesses in the state’s case.
We examine every part of the arrest, from the initial traffic stop to the chemical test results, to determine whether the evidence was obtained and handled properly.
Breathalyzer and Chemical Test Accuracy
Breathalyzer devices must be properly maintained and operated according to established procedures. Blood tests must also be collected, stored, and analyzed according to proper protocols.
When law enforcement does not follow those requirements, the results may be challenged or, in some circumstances, suppressed. Our attorneys review maintenance records, calibration information, testing procedures, and other evidence to identify errors that could weaken the prosecution’s case.
Legality of the Traffic Stop
Police generally need reasonable suspicion to stop a vehicle and probable cause to make an arrest. If the officer did not have a valid legal basis for the traffic stop or lacked sufficient facts to establish impairment, evidence obtained afterward may be subject to challenge.
We review dashcam footage, body camera recordings, police reports, and other evidence for inconsistencies and potential constitutional violations.
Field Sobriety Test Reliability
Standardized field sobriety tests (SFSTs) are often performed under less-than-ideal conditions. It may be dark, the pavement may be uneven, and flashing lights or other distractions can make the tests more difficult.
Medical conditions, footwear, weather, and the way the officer administered or interpreted the tests can also affect the results. We examine how the tests were administered, scored, and documented.
Constitutional Rights Violations
If officers conducted an unlawful search, failed to properly advise you of your rights before a custodial interrogation, or otherwise violated your constitutional rights, the resulting evidence may be subject to exclusion.
Our former-prosecutor background gives us a clear understanding of the procedural requirements law enforcement must follow and where potential problems may exist.
A DUI Defense Built on Prosecutorial Experience
Most defense attorneys study how prosecutors think. Our attorneys have firsthand experience with it.
Matthew E. Chauvin spent six years in the Saratoga County District Attorney’s office, handling DWI cases from the other side of the courtroom. That included reviewing police reports, negotiating plea agreements, and presenting cases to judges and juries.
That experience gives our DUI attorneys specific advantages:
- We understand how the Saratoga County DA’s office evaluates DWI cases and what can influence charging decisions
- We know which evidence prosecutors consider strong and where they may have to work around weaknesses
- We recognize when a case is weaker than it initially appears and know how to expose those weaknesses
- We have experience with local courts across the Capital Region, including Saratoga Springs City Court and Albany County Court
This is not just about knowing the law. It is about understanding how the system works from the inside and using that experience to build your defense.
DUI & DWI Penalties in New York
New York treats impaired driving seriously. The specific charges and penalties depend on factors such as your blood alcohol content (BAC), prior convictions, and the circumstances surrounding your arrest.
Here is an overview of the potential penalties for common DWI-related offenses:
First Offense DWI (BAC 0.08 or Higher)
- Classification: Misdemeanor
- Fine: $500–$1,000
- Jail: Up to 1 year
- License revocation: Minimum 6 months
- Ignition interlock device: Required for a minimum of 6 months
- Surcharge: Additional fees and assessments may apply
A first-offense DWI in New York is a misdemeanor that can create a lasting criminal record. Certain misdemeanor DWI convictions may qualify for sealing under limited circumstances, but a DWI conviction is not simply erased from your record.
Second Offense DWI (Within 10 Years)
- Classification: Class E felony
- Fine: $1,000–$5,000
- Jail: Up to 4 years in state prison
- License revocation: Minimum 1 year, with additional consequences possible depending on the timing of the prior conviction
- Ignition interlock device: Required after license restoration in applicable cases
A second DWI within 10 years can be charged as a felony under New York law. This is exactly the point where hiring a felony DUI lawyer or felony DWI attorney with courtroom and trial experience becomes especially important.
Aggravated DWI (BAC 0.18 or Higher)
- Classification: Misdemeanor for a first offense; felony when prior qualifying convictions are present
- Fine: $1,000–$2,500
- Jail: Up to 1 year for a misdemeanor; greater penalties may apply for felony convictions
- License revocation: Minimum 1 year
- Enhanced penalties apply
Aggravated driving while intoxicated is treated more seriously than a standard DWI. The higher BAC threshold can affect charging, plea negotiations, and sentencing, which is why these cases require a defense strategy tailored to the specific circumstances.
DWAI, Driving While Ability Impaired
- DWAI-Alcohol (BAC 0.05–0.07): Traffic infraction with fines and a license suspension
- DWAI-Drugs: Misdemeanor with potential fines, jail time, and license revocation
- DWAI-Combined (alcohol and drugs): Misdemeanor with penalties that can vary based on the circumstances
Even a DWAI-Alcohol charge can result in a license suspension and can have lasting consequences for your driving record.
When a DWI Arrest Leads to Additional Criminal Charges
A DWI arrest does not always result in a single charge. Depending on the circumstances, you may also face additional criminal charges, including:
- Vehicular assault: If an accident causes serious physical injury to another person while you are alleged to be impaired, you may face a felony charge and potential prison time.
- Vehicular manslaughter: If someone dies as a result of an accident involving alleged impaired driving, the charges can become significantly more serious, depending on the circumstances.
- Drug possession charges: If controlled substances are found in your vehicle during the DWI stop, you may face separate drug charges in addition to the DWI.
- Assault charges: A physical altercation during or after a DWI arrest can result in separate assault charges ranging from a misdemeanor to a felony.
- Child endangerment under Leandra’s Law: Driving while intoxicated with a child under 16 in the vehicle can result in a Class E felony, even for a first offense.
Each additional charge increases your potential exposure. At Ianniello Chauvin, LLP, we handle the full scope of criminal charges that can arise from a DWI arrest, not just the DWI itself. Our criminal defense team has experience with violent crime charges, drug offenses, and complex multi-count cases throughout the Capital Region.
Frequently Asked Questions About DUI and DWI in New York
What should I do immediately after a DWI arrest in New York?
Contact a DUI lawyer before speaking with anyone about the circumstances of your arrest. You have the right to legal counsel, and statements you make to police can be used against you.
If possible, write down everything you remember about the traffic stop, the officer’s behavior, and any tests that were administered while the details are still fresh.
Can I refuse a breathalyzer test in New York?
You can refuse a chemical test, but there are consequences. New York’s implied consent law generally means that by driving on New York roads, you have consented to chemical testing under certain circumstances.
Refusing a chemical test can result in a license revocation and civil penalties, even if you are never ultimately convicted of DWI. The consequences of refusal can vary depending on the circumstances, so it is important to discuss your specific situation with an attorney.
What are the penalties for a first DWI offense in New York?
A first DWI with a BAC of 0.08 or higher is generally a misdemeanor. It can carry fines, up to 1 year in jail, a minimum 6-month license revocation, and a mandatory ignition interlock requirement in applicable cases.
You may also face surcharges, increased insurance costs, and other long-term consequences.
Can a DWI charge be reduced or dismissed in New York?
Yes. Depending on the evidence and circumstances, a DWI charge may potentially be reduced or dismissed.
For example, some first-offense cases may result in a reduction to DWAI, which is a traffic infraction rather than a misdemeanor DWI. A dismissal may also be possible when there are significant problems with the prosecution’s evidence or constitutional violations.
Will a DWI conviction affect my job?
It can. A DWI conviction creates a criminal record that may appear on background checks. Certain professions, including commercial drivers, healthcare workers, teachers, and others requiring professional licensing, can face additional consequences depending on their licensing requirements.
How long does a DWI stay on my record in New York?
A DWI conviction is not simply erased from your record. Certain misdemeanor DWI convictions may qualify for sealing under CPL 160.59 if specific requirements are met.
For purposes of determining whether a subsequent DWI can be charged as a felony, New York generally uses a 10-year lookback period.
Do I need a lawyer for a first-offense DWI?
Absolutely. A first-offense DWI is still a criminal charge that can carry jail time, a lasting criminal record, and significant license consequences.
The process can involve arraignment, pretrial motions, suppression hearings, plea negotiations, and potentially a trial. Having experienced counsel can make a significant difference in how the case is handled.
What is Leandra’s Law?
Leandra’s Law, passed in 2009, makes it a Class E felony to drive while intoxicated with a child under 16 in the vehicle, even on a first offense with no prior record.
The law also requires ignition interlock devices for certain DWI convictions. It was named after Leandra Rosado, an 11-year-old who was killed in a drunk driving accident in New York City.
How much does a DUI attorney cost?
The cost of a DUI attorney depends on the charge, whether the case goes to trial, and the overall complexity of the case.
Many firms offer flat-fee or structured payment options. The best way to understand the potential cost of representation in your specific case is to speak with an attorney during a free consultation. We are transparent about our fees before you make a commitment.
Is there a difference between a DUI lawyer and a DWI lawyer?
Not in New York in terms of the charges being discussed. “DUI” and “DWI” are often used interchangeably by the public, although New York’s Vehicle and Traffic Law formally uses “DWI.”
A DUI/DWI lawyer in New York handles the same underlying impaired-driving charges regardless of which term you use when searching for an attorney.
What if my DWI arrest involved an accident?
A DWI accident lawyer may need to address both the impaired driving charge and any additional charges resulting from the accident, such as vehicular assault or vehicular manslaughter.
These cases can carry significantly higher stakes and require careful attention to both the DWI allegations and any injury-related charges.
How do I find the right DUI lawyer near me?
Look for a DUI lawyer with experience handling cases in the courts where your case will be heard. Familiarity with local courts, prosecutors, and procedures can be valuable when developing a defense strategy.
Our attorneys handle DUI and DWI cases throughout Saratoga Springs, Clifton Park, Albany, and Glens Falls, with former-prosecutor experience in courts throughout the Capital Region.
Call a DUI Lawyer Today
If you’ve been arrested for DUI or DWI, don’t wait to get help. Contact Ianniello Chauvin, LLP for a free, confidential consultation with a DUI lawyer who has handled these cases from both sides of the courtroom.
We’re available 24 hours a day, 7 days a week.
DWI Resources
In-depth guides to New York DWI law from our former-prosecutor attorneys.
DWI Lawyer by City
Capital Region cities and the local courts we appear in.