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DWI Defense

New York DWI Lawyers for Criminal Court, License, and Refusal Hearings

A DWI matter can involve both a criminal case and separate license issues. Discuss the arrest, test or refusal, paperwork, and any approaching court or DMV date with the firm.

  • Criminal court defense
  • DMV and refusal proceedings
  • License and driving consequences

WHAT TO DO NOW

01

Track both sets of dates.

Keep criminal court notices and DMV hearing papers together; tell the firm about each deadline.

02

Identify the test issue.

Explain whether police requested a chemical test, whether a test occurred, and whether refusal was alleged.

03

Describe your driving needs.

Tell counsel about your license class, prior history, work driving, and any current restriction.

Your court case and license need coordinated attention.

A DWI arrest can create criminal court and administrative license issues. Chemical test refusal can carry separate license consequences, even when the criminal case ends differently. Tell the attorney about prior matters, a commercial license, any accident, and all notices you received so both tracks can be evaluated.

THE PATH AHEAD

Understand the next stage.

01

Initial review

Examine the stop, arrest, testing or refusal allegation, paperwork, and deadlines.

02

Evidence and hearings

Review available video, police observations, test records, and the issues relevant to court or DMV.

03

Case and license planning

Evaluate the available criminal disposition and license consequences together.

REPRESENTATIVE MATTERS

Results and published case coverage.

Prior results do not guarantee a similar outcome. Coverage describes allegations and proceedings at publication, not necessarily a final outcome.

Case coverage

DWI arrest in front of NYPD headquarters

Read the linked report for the allegations and procedural developments described at publication.

Explore the firm's case record →

Case coverage

Driver crashes into building near tech giant headquarters

Read the linked report for the allegations and procedural developments described at publication.

Explore the firm's case record →

CLIENT EXPERIENCES

From the firm’s client reviews.

Going in for my DMV chemical refusal case, I was very anxious having my license being revoked for a up to a year. The odds were stacked against me, having little hope of any positive certainty. Russ Kofman explained in great detail of what I was facing and the fines that would accompany me in the near future. He showed me his plan and the research he had done.
G-Check G.
I had a very dicey refusal that could have gone very badly. Russ was able to get me the best deal possible. He represented me at the DMV refusal hearing, and got it dropped entirely. No fees, loss of license or points! Additionally, in the criminal charges, he worked diligently for months and got that dropped to a violation.
Dennis C.
I was charged with a DWI last year. I definitely did not know what to do. Until I did my research and found out about this law firm. Amazing lawyers who worked hard on my case and got it dismissed!! I would recommend Lebedin Kofman to anyone looking for a DWI lawyer in NYC! Contact us
Greg C.

Excerpts from reviews published on the firm’s website. Individual experiences and outcomes vary.

Read all client reviews →
Russ Kofman

MEET YOUR LEGAL TEAM

Discuss your matter with the firm.

Russ Kofman's practice includes state and federal criminal defense, DWI, sex offense allegations, Title IX proceedings, and civil rights matters. Contact the firm to discuss the appropriate representation for your situation.

Read Russ Kofman's profile →

COMMON QUESTIONS

DWI Defense questions.

Reference: New York DMV: alcohol and other drugs. Reviewed September 28, 2026.

Is a refusal hearing separate from criminal court?

A chemical test refusal hearing is a DMV proceeding concerning license consequences. It is separate from the criminal prosecution. Tell the attorney about both proceedings, including every hearing notice and deadline.

Should I refuse a chemical test?

There is no blanket refusal instruction on this website. Refusal can have separate license consequences. If testing or refusal is part of your situation, tell the attorney immediately and explain exactly what police requested and what happened.

What evidence should I tell the attorney about?

Identify available video, witnesses, test paperwork, accident information, and medical issues that may be relevant. Preserve what you have and ask how to provide it. The attorney will identify which records need to be requested.

Who should I speak with about representation?

Contact the firm to discuss the allegation and current stage. The team will identify the appropriate attorney and explain the proposed scope of representation before you decide whether to retain the firm.

How much does the initial consultation cost?

The initial consultation is free. Representation fees depend on the matter and the work involved. Ask the attorney to explain the proposed scope and fee arrangement before retaining the firm.

Can I start with a phone call?

Yes. Call 646 663 4430 and identify the immediate issue and any approaching deadline. You can also use the short consultation form. Do not wait for a form response when a deadline is near.

Read the detailed dwi defense guide
ChargeVTL 1192 DWI / DUI and related offenses
LicenseSuspension, revocation, refusal hearings, conditional license issues
CourtsNYC, Nassau, Suffolk, and local justice courts
Phone646 663 4430

DWI defense proof

DWI defense has two tracks: the court case and your license.

A DWI case can move quickly in criminal court while DMV consequences move on a separate timeline. The first review should focus on the arrest paperwork, video, breath or blood records, refusal warnings, license status, court date, and any accident or prior-history issues.

Prior results do not guarantee a similar outcome. Every DWI case turns on its own facts, evidence, court, DMV record, and procedural posture. Review representative cases and media coverage and client reviews.

DWI and DUI Defense Pages

What We Examine in a DWI Case

The Stop and Arrest

Police need a lawful basis for the stop, detention, investigation, and arrest. Dash camera, body camera, paperwork, 911 calls, and witness accounts should be reviewed.

Chemical Test Evidence

Breath and blood cases can raise issues involving observation periods, machine calibration, operator conduct, chain of custody, blood draw procedures, and lab records.

Refusal and License Issues

A refusal hearing can affect your license separately from the criminal case. Suspension, revocation, hardship privileges, conditional license issues, and ignition interlock planning matter.

Accident and Felony Exposure

Accident cases, prior DWI history, child-passenger allegations, injuries, and vehicular-crime claims can raise the stakes quickly and require a different strategy.

What to Do in the First 24 Hours After a DWI Arrest

Protect the record

  • Save every ticket, DAT, court notice, DMV paper, and tow or impound document.
  • Write down the timeline while it is fresh: stop, location, statements, tests, accident facts, and witnesses.
  • Preserve phone data, rideshare receipts, medical information, prescriptions, videos, and witness contact details.

Protect the defense

  • Do not discuss facts with police, prosecutors, insurance companies, or witnesses before speaking with counsel.
  • Do not assume the breath, blood, field-sobriety, or refusal evidence is automatically reliable.
  • Tell the attorney about deadlines, prior DWI history, license needs, job concerns, immigration issues, and any accident or injury allegation.

DWI Elements and Defense Pressure Points

What prosecutors focus on

  • Operation of a vehicle at the relevant time and place.
  • Intoxication, impairment by alcohol, impairment by drugs, combined influence, or a per se BAC theory.
  • Breath, blood, officer-observation, accident, video, and statement evidence.

What the defense reviews

  • Whether the stop, detention, arrest, statements, and searches can be challenged.
  • Whether chemical-test foundation, calibration, observation period, chain of custody, or lab procedure creates a proof problem.
  • Whether refusal warnings, DMV paperwork, officer testimony, license consequences, and conditional-license strategy were handled correctly.

Why Clients Call Lebedin Kofman LLP for DWI Defense

The firm focuses on early evidence preservation, license strategy, suppression issues, chemical-test review, DMV consequences, negotiation posture, and trial preparation. The goal is not just to explain the law. It is to identify pressure points quickly and move the case toward dismissal, reduction, acquittal, or the best available resolution.

Read client reviews and review representative cases and media coverage.

New York DWI Defense FAQ

What should I do after a DWI arrest in New York?

Speak with a defense attorney quickly because the criminal case and license consequences can move on separate tracks. Refusal hearings, suspension issues, video evidence, chemical testing, and arraignment strategy may need attention immediately.

Can a New York DWI case be dismissed or reduced?

Some DWI cases can be dismissed, reduced, or resolved more favorably after defense review. Common issues include the stop, arrest, operation, field sobriety testing, breath or blood testing, refusal warnings, video, medical issues, and whether prosecutors can prove intoxication or impairment.

What happens if I refused a breath test?

A refusal can create a DMV hearing and license consequences separate from the criminal case. Defense review should examine the warnings, timing, paperwork, officer testimony, video, and whether the alleged refusal can be challenged.

Will a DWI affect my license?

A DWI, DWAI, aggravated DWI, refusal, prior alcohol-related driving history, or accident-related allegation can affect license status. Suspension, revocation, hardship privileges, conditional license eligibility, and ignition interlock issues should be reviewed early.

How fast can I speak with a DWI attorney?

Talk to a New York DWI Lawyer Now

YOUR NEXT STEP

Talk to a New York defense attorney.

Tell us the immediate issue and the best way to reach you. For an arrest, police contact, or an approaching court date, call the firm directly.

646 663 4430

Free consultation. Do not wait for a form response when a deadline is near.

Submitting this form does not create an attorney client relationship. Do not send highly sensitive documents or detailed confidential information through this form.

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