Top-Rated & Award Winning Trial Attorneys

Call For Your Free Consultation

New York DWI Lawyer - DUI Defense - FREE Consultation

Protecting Your Rights & Fighting for Your Driving Privileges

Schedule A free Consultation

Protecting Your Rights & Fighting for Your Driving Privileges

New York DWI Lawyer - DUI Defense - FREE Consultation

In many cases, an individual who has been charged with a DWI has had no previous exposure to the criminal justice system. But alcohol-related offenses are taken very seriously in the state of New York and can result in a criminal record that can follow you for the rest of your life. Don’t face the system alone. Let us help. 

At Lebedin Kofman LLP, experienced NY DWI lawyers Russ Kofman, Arthur Lebedin and our team of NYC DWI lawyers are dedicated to providing the highest quality of legal defense possible and to diligently fighting for the rights of our clients. From the moment you are charged with a DWI or other alcohol or drug-related offense, we are right there in your corner, helping protect your legal rights and ensure the best possible legal outcome for your case.

Call us today at (646) 663-4430 to schedule a consultation for free.

What Types of DWI Charges Are There in New York?

The state of New York takes drunk driving very seriously and punishes it harshly. 

A driver is considered impaired if their blood alcohol concentration exceeds 0.05% and legally intoxicated at 0.08%. The severity of the charges and penalties will vary depending on blood alcohol concentration, whether drugs were involved, and whether the defendant is a repeat offender. Even a first offense can result in serious charges and penalties.

There are distinct differences in our drunk driving charges, and they are dependent on specific factors surrounding the circumstances:

  • DWI, or driving while intoxicated – In New York, a person who is caught operating a motor vehicle with a blood alcohol concentration of 0.08% or more can be charged with the misdemeanor of DWI. If that individual has received another DWI within the past ten years, they may be facing a felony charge.
  • Aggravated DWI – An individual who is caught operating a motor vehicle with a blood alcohol concentration of 0.18% or higher may be charged with aggravated DWI.
  • DWAI, or driving while ability impaired – An individual who is caught operating a motor vehicle with a blood alcohol concentration of between 0.05% and 0.08% may be charged with a DWAI. While this is not a criminal charge, penalties can include both fines and jail time. 
  • DWAI-Drugs – An individual who is caught operating a motor vehicle under the influence of drugs may be charged with a DWAI-Drugs.
  • DWAI-Combination – An individual who is caught operating a motor vehicle under the influence of both alcohol and drugs may be charged with a DWAI-Combination. 

New York also has zero-tolerance laws for drivers under the age of 21. These laws make it unlawful for a young driver to drive with a blood alcohol concentration as low as 0.02%.

DWI Attorney Russ Kofman Explains Leandra’s Law

The Child Protection Act, otherwise known as Leandra’s Law, imposes severe penalties for those defendants who drive while intoxicated with a child under the age of 16 in the vehicle. 

Under Leandra’s Law, an impaired driver who causes the injury of a child under the age of 16 may be charged with a Class C felony, punishable by up to 15 years in prison. An impaired driver who causes the death of a child under the age of 16 may be charged with a Class B felony, punishable by up to 25 years in prison. 

At Lebedin Kofman, we believe that every defendant deserves the right to a high-quality defense. New York DUI lawyer Russ Kofman and our team of NY DWI attorneys are compassionate and dedicated to helping those who are facing charges of DWI or DUI in New York.

Contact us today at (646) 663-4430 to speak with a skilled DWI lawyer.

Schedule A free Consultation

Schedule a free consultation

What Happens When You Are Pulled Over for a DWI?

Schedule A free Consultation

If a police officer has observed driving behavior that seems to indicate possible intoxication, such as speeding, swerving, running traffic lights, or otherwise driving erratically, the officer may pull the driver over to further observe the driver’s behavior or appearance. Based on this observation, the officer may test the physical coordination of the driver through a series of field sobriety tests. Failure to perform at a given level will be an indication of intoxication.

An officer may also ask the driver to take a roadside breathalyzer test. Results of this test will be used as probable cause for an arrest, and another test will be given to the driver at the police station. 

Criminal defense lawyer Arthur Lebedin and our team of DWI lawyers at Lebedin Kofman LLP understands the complexities surrounding a DWI charge. We know that facing the legal justice system may be tough, so our lawyers work hard for every case they handle. If you or a loved one is accused of drunk driving, our attorneys at Lebedin Kofman LLP may be able to help.

Contact us today at (646) 663-4430 to schedule a consultation for free.

General Information

  • What is a DWI in the state of New York?
  • What are misconceptions about arrest and prosecution for DWI?
  • What are mistakes people make after being arrested?
  • What happens after the arrest?
  • What are the ramifications of just pleading guilty?
  • Is the driver’s license taken immediately and are there hardship licenses?
  • How can refusing the breath or blood test affect license suspension?
  • Do laws in New York address BAC levels below 0.08?
  • What factors might enhance or aggravate a DWI charge?
  • Are DWI cases involving illegal or prescription drugs common?
  • Are there alternative programs for first-time offenders?

As members of the National College of DWI Defense, our attorneys can tirelessly fight for you in pursuit of the best results. We handle DWI/DUI cases from arraignment through trial, if necessary. We always work with an eye to accomplish the best results for our clients. These cases involve intricacies that require a special knowledge base, and that is exactly why we hone our DWI defense skills regularly. You can rely on our DWI attorneys in New York to provide you with the effective and dedicated representation you deserve.

Contact Lebedin Kofman LLP today for your free consultation from a New York DWI defense attorney.

Vehicular Crimes

  • Aggravated driving while intoxicated per se
  • Aggravated driving while intoxicated with a child
  • Driving while ability impaired by alcohol
  • Driving while intoxicated per se
  • Installation and operation of ignition interlock devices
  • Leaving the scene of an incident without reporting
  • Reckless driving
  • Unlicensed operation of a motor vehicle

DWI Video FAQs

  • What is a DWI?
  • Why should people never admit to the police about drinking alcohol?
  • What happens in refusing the breath test?
  • What are the strict penalties for DUI?
  • How can hiring an attorney affect the outcome of a DUI case?

At Lebedin Kofman LLP, our New York DWI attorneys can strongly represent your DUI/DWI case. Contact our firm today at (646) 663-4430 for a free initial consultation with our attorneys.

Call For Your Free Consultation

Can You Refuse a Breathalyzer in NYC?

Anyone with a driver’s license in New York has automatically given consent to chemical testing through their issuance of a license. This is called “implied consent.” While a driver does have the right to refuse a test, that driver’s license will be immediately suspended and revoked. Refusal of a breathalyzer test can also be used against them in court.

The refusal of a breathalyzer test can still result in a driver being arrested and charges pursued. The prosecution has other ways of pursuing intoxication charges, including:

  • The police officer’s observations
  • The results and videos of field sobriety and coordination tests
  • The driver’s erratic driving behavior
  • The appearance and behavior of the driver at the stop, including slurred speech and bloodshot eyes
  • The odor of alcohol or marijuana in the car
  • Circumstances surrounding any accident that may have resulted

What Elements Must Be Proven in a DWI Case?

While each case will have its own set of factors, in order to convict someone of a DWI offense, the prosecution must prove two important elements to establish a case. 

  • That the defendant was operating the vehicle, and
  • That the defendant was under the influence of alcohol and/or drugs
In New York, operating a motor vehicle is not limited to driving it. Under our laws, an individual is operating a motor vehicle when they are behind the wheel of a vehicle with the intention of putting it into motion. Consequently, the defendant can be charged with a DWI while merely sitting still in a vehicle. In this case, the prosecution must prove that the individual had the intention of driving it. But the prosecution has many ways of proving intent, and the vehicle does not even need to be running. Having the skilled representation of an experienced New York DWI attorney ensures that your legal defense considers all these critical matters. Attorney Russ Kofman and our skilled New York lawyers understand the legal system and will work hard to help the defendant protect their freedom and rights. It can be tough to face the justice system alone. If you are facing a charge for a DWI offense, it is important to seek the help of an experienced attorney for drunk driving offenses right away.
To schedule a consultation for free, call us today at (646) 663-4430.

The next thing the prosecution must prove is the use of alcohol or drugs by the defendant. This proof will depend upon the charge. In the case of a per se DWI charge, the actual amount of alcohol or drugs in the defendant’s system must be proven, generally using chemical testing. 

In a driving while intoxicated charge, it is not necessary for the prosecution to prove the level of alcohol or drugs. It must merely be established that the individual was not capable of operating the vehicle safely. This can be done with a field sobriety test, the defendant’s behavior and speech at the time of a stop, the presence of alcohol in the vehicle, or even the odor of alcohol.

Penalties for a DWI in New York will depend on the charges, the blood alcohol concentration of the defendant, whether it is a first or subsequent offense, whether it caused an accident and injuries, and other various factors. They will range from $500 to $10,000 in fines, 15 days to 7 years behind bars, and potential suspension or permanent loss of your license, impoundment of your vehicle, or a mandated ignition interlock device requirement.

Sentencing enhancements may apply when a defendant has prior DWI convictions or if there are other aggravating factors. These may lead to additional charges or a higher classification of the charges with additional penalties. 

When you have been charged with an alcohol-related offense in New York, getting skilled legal assistance can help mitigate your charges and potential penalties. At Lebedin Kofman, LLC, criminal defense attorney Arthur Lebedin and our experienced team of New York DWI lawyers is there to diligently represent your rights and ease the outcome of your charges.

If you are convicted of a DWI, these penalties can have a serious impact on your life, and your livelihood, and leave you with a possible criminal record that can follow you for life. 

Fortunately, with skilled legal representation, there are common defenses that can be pursued, depending on the circumstances. These can include:

  • Challenging whether the officer had probable cause to stop you and request a breathalyzer
  • Challenging the breathalyzer machine or the administration of it
  • Challenging whether a urine or blood test was administered, handled, or stored properly

Furthermore, an experienced New York drunk driving attorney often has the ability to get charges reduced or seek alternatives to ease your legal consequences.

There are three main categories of arguments that can be used to get DWI charges dropped.

  • The law does not permit the prosecution to proceed with the charges.
  • The evidence against the driver is not enough.
  • The State committed a procedural error.

The first of these are the two bars the State must reach before it can convict anyone charged with a DWI offense. The trial does not begin until the first bar has been reached. The court now asks whether there is sufficient evidence for the prosecution to convict. However, the possession of enough lawful evidence does NOT mean that the accused person is guilty. It is simply that the State has enough evidence to support the charges.

The basic idea is that to justify taking the case to trial, the court wants to know that the State could secure a guilty verdict if the State presented all its evidence and the defense presented nothing. This is a minimal prerequisite to make sure the trial is not a waste of time.

For DWI cases to be dismissed, lawyers will often appeal to arguments falling within at most one of these categories. They argue that the State has not proven the client guilty beyond a reasonable doubt or that the proceeding is unfair and unjustifiable.

Schedule A free Consultation

Our Clients Share Their Experiences

The Opinions That Matter Most

Our Commitment

Fighting For Your Best Interest

We Have a Highly Experienced Legal Team

When You Hire Us, You Get Us

We Speak Korean, Mandarin, Portuguese, Russian & Spanish

We Offer Free Consultations In Person & Over The Phone

We Have a Proven Track Record

We Are Available 24/7

Request a Free Consultation

Please fill out the form below and we will respond to your inquiry within
24-hours guaranteed.