What should I do first after a DWI arrest?

Do not discuss the facts with police, prosecutors, DMV personnel, school officials, employers, or insurance representatives before speaking with a defense attorney. Preserve tickets, paperwork, videos, messages, medical records, and license documents.

Can a DWI case be challenged?

Yes. A DWI defense may involve challenging the stop, arrest, field sobriety tests, breath or blood testing, refusal warnings, probable cause, video evidence, statements, calibration records, and whether prosecutors can prove every required element.

Available 24/7 for a free consultation.

Felony DWI Lawyer

A DWI can become a felony in New York because of prior convictions, certain child-passenger allegations, serious injury, death, or other aggravating facts. Felony DWI cases carry higher sentencing exposure and require a defense strategy that starts immediately.

Lebedin Kofman LLP defends clients facing felony DWI allegations in New York City, Nassau County, Suffolk County, and related vehicular-crime investigations. The firm reviews both the new allegation and the prior-record or aggravating facts prosecutors claim make the case a felony.

What Is at Stake

Felony DWI exposure may include prison risk, felony probation, license revocation, ignition interlock requirements, fines, surcharges, immigration consequences, employment problems, professional licensing issues, and long-term record damage. A felony conviction can change a client?s life far beyond the traffic stop.

Issues That Need Immediate Review

Whether the prior conviction or predicate offense legally supports felony treatment
Whether the accusatory instrument correctly alleges the felony basis
Whether the stop, arrest, and chemical test were lawful
Whether injury, child-passenger, or accident allegations are supported by evidence
Whether prosecutors can prove intoxication or impairment beyond a reasonable doubt
Whether treatment, mitigation, or reduction strategy can improve the outcome

Evidence We Look For Early

Prior conviction records, certificates of disposition, and predicate-offense documents
Stop video, body camera footage, crash reports, and accident-scene photos
Breath or blood test records, maintenance logs, chain of custody, and lab files
Medical records, toxicology records, and causation evidence in injury cases
911 calls, witness statements, police notes, and officer disciplinary material where available
Treatment records, mitigation materials, employment records, and family-support documentation

Defense Strategies We Evaluate

Invalid or insufficient predicate offense proof
Suppression of stop, arrest, statements, breath, or blood evidence
Rising BAC, testing error, contamination, or chain-of-custody issues
Weak proof of operation, intoxication, or impairment
Causation problems in crash or injury cases
Negotiation for reduction, treatment-based resolution, hearing strategy, trial, or sentencing mitigation

New York City, Nassau County, and Suffolk County DWI Defense

Felony DWI cases can proceed differently in Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Nassau County, and Suffolk County. Grand jury timing, indictment practice, local treatment options, probation posture, and judge-specific sentencing concerns can all matter.

How Lebedin Kofman LLP Helps

The firm reviews the criminal case, DMV consequences, license exposure, evidence preservation, immigration and employment issues, and the client?s practical goals. The defense may involve negotiations, suppression motions, hearings, expert review, trial preparation, plea strategy, mitigation, or sentencing advocacy.

Frequently Asked Questions

Will I lose my license?

License consequences depend on the charge, prior history, refusal allegations, chemical-test result, age, and DMV posture. Because deadlines can move quickly, it is important to review both the court case and the DMV case immediately.

Can video, breath testing, or police paperwork be challenged?

Often, yes. The defense should review body camera footage, patrol video, stop basis, field sobriety instructions, breath-test maintenance and calibration records, refusal warnings, blood-draw procedures, and whether paperwork matches the actual evidence.

Related DWI and Criminal Defense Pages

Request a free consultation if you were arrested, received DWI paperwork, face a DMV hearing, or believe police are investigating a crash or driving allegation.

DWI, Child Passenger, and Reckless Driving Defense Topics

Related New York DWI and vehicle-crime pages:

Related defense paths

Related Vehicular Crime Defense Pages

Serious DWI crash and vehicle cases are often charged in layers. These related pages connect the vehicular-crimes silo from the broad issue to the exact charge.

Vehicular crimes hub DWI with accident Aggravated vehicular homicide Vehicular manslaughter 1st degree Vehicular manslaughter 2nd degree Aggravated vehicular assault Vehicular assault 1st degree Vehicular assault 2nd degree Reckless driving Leaving the scene

Related strategy pages

New York DWI defense Refusal DWI DMV refusal hearing DWI with accident Aggravated DWI Felony DWI Vehicular crimes hub

Speak with an attorney quickly.

Lebedin Kofman LLP offers free consultations for DWI, refusal, accident, and serious vehicular cases. Call 646-663-4430 to discuss the criminal case, DMV/license issues, evidence, and next defense steps.

DWI focusNY VTL 1192 felony DWIDWI defense hub Free consultation

Official court / DMV framework

Felony DWI: What Prosecutors Must Prove

NY VTL 1192 felony DWI - source framework: New York Courts CJI Vehicle and Traffic Law.

Proof issues

The People generally must prove a VTL 1192 intoxication, per se BAC, drug-impaired, or combined-influence theory beyond a reasonable doubt.
Felony treatment usually depends on a qualifying prior alcohol- or drug-related driving conviction within the statutory lookback period or another felony-triggering theory.
The prosecution must prove operation, the roadway or qualifying location, timing, impairment or BAC/drug proof, and the prior-conviction or aggravating fact that elevates the case.

Defense focus

Whether the traffic stop, arrest, statements, field sobriety tests, breath test, blood test, or drug-recognition evidence can be challenged.
Whether the prior conviction actually qualifies, whether records are accurate, and whether felony treatment is legally supported.
Whether early mitigation, treatment proof, license strategy, suppression motions, grand jury strategy, and sentencing advocacy can change the trajectory.

Example scenario

A felony DWI may follow a new arrest where prosecutors claim a prior DWI, DWAI, refusal-related issue, or felony-triggering history. Defense work should immediately examine the prior record, chemical-test records, stop/arrest legality, body-camera footage, DMV consequences, and treatment or mitigation options.

Related DWI paths

These cases often involve criminal court, DMV, license, ignition-interlock, employment, immigration, insurance, family, and sentencing consequences.

Aggravated DWI Refusal DWI Vehicular assault

Why call Lebedin Kofman LLP?

DWI and refusal cases are time-sensitive. Early action can affect license suspension, DMV hearings, chemical-test challenges, evidence preservation, plea posture, and long-term consequences. Lebedin Kofman LLP handles DWI, vehicular, and serious criminal matters and offers a free attorney consultation. Call 646-663-4430 so an attorney can quickly evaluate the stop, arrest, DMV deadlines, and defense strategy.

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