Aggressive DWI Defense from Former Prosecutors
If you have been arrested for driving while intoxicated (DWI) or driving under the influence (DUI) in New York, the next decisions you make can determine the outcome of your case. A DWI conviction carries fines, license suspension, potential jail time, and a criminal record that follows you for years. You need an attorney who understands exactly how prosecutors build these cases — because ours used to be prosecutors.
At Ianniello Chauvin, LLP, our attorneys 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 against. That is not a marketing line — it is a tactical advantage that changes how we approach every DWI case we take.
We are available 24 hours a day, 7 days a week. DWI arrests do not happen during business hours, and neither do we.
Challenging the Evidence in Your DWI Case
A DWI arrest does not mean a DWI conviction. The prosecution must prove guilt beyond a reasonable doubt, and our attorneys know exactly where to find weaknesses in the state’s case. We challenge every element — from the initial stop to the chemical test results — to protect your rights and your future.
Breathalyzer and Chemical Test Accuracy
Breathalyzer devices require regular calibration and must be operated by certified personnel following strict protocols. Blood tests must be drawn, stored, and analyzed according to established chain-of-custody procedures. When law enforcement cuts corners — and they do — the results can be suppressed or challenged. Our attorneys review maintenance logs, calibration records, and testing procedures to identify errors that can weaken or invalidate the prosecution’s evidence.
Legality of the Traffic Stop
Police officers need reasonable suspicion to pull you over and probable cause to arrest you. If the officer lacked a valid legal basis for the stop — no traffic violation observed, no articulable facts suggesting impairment — then everything that followed may be inadmissible. We scrutinize dashcam footage, body camera recordings, and police reports for inconsistencies.
Field Sobriety Test Reliability
Standardized field sobriety tests (SFSTs) are subjective evaluations administered under stressful, often poor conditions — at night, on uneven pavement, with flashing lights. Medical conditions, footwear, weather, and officer error can all produce false indicators of impairment. We challenge the administration, scoring, and interpretation of these tests.
Constitutional Rights Violations
If officers failed to read your Miranda rights before custodial interrogation, conducted an unlawful search of your vehicle, or denied your right to consult with an attorney, those violations can result in evidence being excluded from your case. Our former-prosecutor background means we know exactly which procedural requirements the state must meet — and where they tend to fall short.
A DWI Defense Built on Prosecutorial Experience
Most defense attorneys study how prosecutors think. Our attorneys lived 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 — reviewing police reports, negotiating plea agreements, and presenting cases to judges and juries.
That experience gives us specific advantages in DWI defense:
- We know how the Saratoga County DA’s office evaluates DWI cases and what factors influence charging decisions
- We understand which evidence prosecutors consider strong and which gaps they try to work around
- We recognize when a case is weaker than it appears on paper — and we know how to expose those weaknesses
- We have working relationships with local courts across the Capital Region, from Saratoga Springs City Court to Albany County Court
This is not about legal theory. It is about knowing how the system works from the inside and using that knowledge to defend you.
DWI Penalties in New York
New York treats impaired driving seriously. The specific charges and penalties depend on your blood alcohol content (BAC), whether you have prior offenses, and the circumstances of your arrest. Here is what you are facing:
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: Approximately $395 in additional fees and assessments
A first-offense DWI in New York is a misdemeanor that creates a permanent criminal record. It does not go away, and it cannot be expunged under current New York law. Certain misdemeanor DWI convictions may be eligible for sealing under limited circumstances.
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 (may be permanent if within 5 years of prior)
- Ignition interlock device: Required for at least 12 months after license restoration
A second DWI within 10 years is automatically charged as a felony under VTL Section 1193, regardless of the circumstances of the arrest.
Aggravated DWI (BAC 0.18 or Higher)
- Classification: Misdemeanor (first offense); felony if prior conviction exists
- Fine: $1,000–$2,500
- Jail: Up to 1 year (misdemeanor); up to 4 years (felony)
- License revocation: Minimum 1 year
- Enhanced penalties apply across all categories
Courts treat aggravated DWI cases with significantly less leniency. Plea bargains are harder to negotiate, and judges impose stiffer sentences.
DWAI — Driving While Ability Impaired
- DWAI-Alcohol (BAC 0.05–0.07): Traffic infraction, $300–$500 fine, 90-day license suspension
- DWAI-Drugs: Misdemeanor, $500–$1,000 fine, up to 1 year jail, 6-month license revocation
- DWAI-Combined (alcohol + drugs): Misdemeanor, same penalties as DWI
Even a DWAI-Alcohol charge — the lowest level — results in a 90-day license suspension and stays on your record permanently.
When a DWI Arrest Leads to Additional Criminal Charges
A DWI stop rarely ends with a single charge. Depending on the circumstances of your arrest, you may also face:
- Vehicular assault — If an accident caused serious physical injury to another person while you were impaired, you face a Class E felony carrying up to 4 years in prison
- Vehicular manslaughter — If someone died as a result of the accident, charges escalate to vehicular manslaughter in the second degree (Class D felony, up to 7 years) or first degree (Class C felony, 5 to 15 years) depending on the circumstances
- Drug possession charges — If controlled substances are found in your vehicle during the DWI stop, you face separate drug offense charges in addition to the DWI
- Assault charges — Physical altercations during or after a DWI arrest can result in standalone assault charges ranging from misdemeanor to felony depending on severity
- Child endangerment (Leandra’s Law) — Driving while intoxicated with a child under 16 in the vehicle is automatically charged as a Class E felony, even on a first offense
Each additional charge compounds your exposure. At Ianniello Chauvin, LLP, we handle the full scope of criminal charges arising from a DWI arrest — not just the DWI itself. Our criminal defense team has extensive experience with violent crime charges, drug offenses, and complex multi-count cases across the Capital Region.
Frequently Asked Questions About DWI in New York
What should I do immediately after a DWI arrest in New York?
Contact a DWI defense attorney before speaking with anyone else. You have the right to legal counsel, and anything you say to police can be used against you. Write down everything you remember about the stop, the officer’s behavior, and the tests administered while the details are fresh.
Can I refuse a breathalyzer test in New York?
You can, but there are consequences. New York’s implied consent law means that by driving on New York roads, you have already agreed to submit to chemical testing. Refusing a breathalyzer results in an automatic 1-year license revocation and a $500 civil penalty — even if you are never convicted of DWI. However, refusal also means the prosecution has less direct evidence of your BAC, which can be a strategic consideration your attorney should evaluate.
What are the penalties for a first DWI offense in New York?
A first DWI (BAC 0.08 or higher) is a misdemeanor carrying fines of $500–$1,000, up to 1 year in jail, a minimum 6-month license revocation, and a mandatory ignition interlock device for a minimum of 6 months. You will also face surcharges, increased insurance rates, and a permanent criminal record.
Can a DWI charge be reduced or dismissed in New York?
Yes. Depending on the evidence, a DWI may be reduced to DWAI (a traffic infraction rather than a crime) or dismissed entirely if constitutional violations or procedural errors occurred. Reduction to DWAI is a common negotiation outcome in first-offense cases where the BAC was close to the legal limit and no accident occurred.
Will a DWI conviction affect my job?
It can. A DWI conviction creates a criminal record that appears on background checks. Certain professions — including commercial drivers (CDL holders), healthcare workers, teachers, and anyone requiring professional licensing — face additional consequences including potential license suspension or revocation by their licensing board.
How long does a DWI stay on my record in New York?
A DWI conviction in New York cannot be expunged. Certain misdemeanor DWI convictions may be eligible for sealing under CPL 160.59 after meeting specific criteria, but the conviction itself is never erased. For purposes of determining whether a subsequent DWI is charged as a felony, New York uses a 10-year lookback period.
Do I need a lawyer for a first-offense DWI?
Absolutely. A first-offense DWI is a criminal charge that carries jail time, a permanent record, and license consequences. The legal process involves arraignment, pre-trial motions, potential suppression hearings, and either negotiation or trial. Attempting to handle this without experienced counsel puts you at a significant disadvantage against trained prosecutors.
What is Leandra’s Law?
Leandra’s Law (passed in 2009) makes it an automatic Class E felony to drive while intoxicated with a child under 16 in the vehicle — even on a first offense with no prior record. It also requires ignition interlock devices for all DWI convictions. The law was named after Leandra Rosado, an 11-year-old killed in a drunk driving accident in New York City.
Defend Your Future — Call Now
A DWI charge demands immediate action. Evidence can be lost, deadlines pass, and the prosecution begins building its case the moment you are arrested. The sooner you have experienced defense counsel in your corner, the stronger your position.
Contact Ianniello Chauvin, LLP today for a free, confidential case evaluation. We represent clients facing DWI and DUI charges in Saratoga Springs, Clifton Park, Albany, Glens Falls, and throughout New York’s Capital Region.