DUI

New York DUI Attorneys

Fighting for Your Best Interests in New York City DWI Charges

While DUI (driving under the influence of alcohol and/or drugs) is a common term throughout the U.S., in New York this offense is labeled DWI, or driving while intoxicated. As in all other states, DWI is a serious matter and is heavily prosecuted in the interests of public safety. Depending on the circumstances of your case, it can result in various penalties from jail to prison time, heavy fines, license suspension, and an increase in your auto insurance. The laws regarding the various offenses that fall under the umbrella of DUI are complicated; to give you the best chance at fighting back you will need a defender experienced in providing smart defense strategies.

At Hamilton Clarke, LLP, our aim is to provide you with excellent legal representation to give you a fighting chance against aggressive prosecution in court. We understand the laws, the court procedures, and how to challenge such aspects of your case as the initial traffic stop, breathalyzer procedure and results, and more. We can also use our honed negotiation skills to seek reduced charges where applicable to help you avoid jail time. Throughout the duration of your case, we know how to explore all options to help put you in the best possible position for an optimum outcome. We will stand by your side for the support and representation that can make a difference in your case.

Arrested for a DWI? Call Hamilton Clarke, LLP at (646) 603-0522 or contact us online to schedule an introductory consultation about your case.

DWI Law in New York

Various charges exist under New York law that are related to alcohol and/or drug impaired driving. Not only can you be charged with DWI while moving down a roadway but you could also be charged without actually driving. For example, if are sitting behind the wheel with the keys in the ignition and the motor running without moving, you may also be charged.

Under New York law, the following are examples of DWI-related charges:

  • DWI “per se,” which means driving with a blood alcohol concentration (BAC) or .08 percent or higher; for commercial license holders, DWI is defined as driving with a BAC at .04 percent or higher. DWI can also be charged with other evidence of intoxication meaning law enforcement observation of your impaired abilities
  • Aggravated DWI, defined as driving with a BAC of .18 or more
  • DWAI/Alcohol, which is driving while ability impaired, defined as driving with a BAC of .05 up to .07 percent or other evidence of your impaired abilities
  • DWAI/Drug which consists of driving while ability impaired from a single drug
  • DWAI/Combination, consists of driving while ability impaired from a combination of drugs or alcohol
  • Zero Tolerance, consists of driving with a BAC of .02 to .07 percent for a driver who is under 21

Refusal to take a DWI chemical test, whether breathalyzer or blood test, can also result in consequences consisting of a license suspension. A first refusal will result in a suspension of one year. Subsequent refusals within a five-year period will result in an 18-month suspension.

Penalties will be determined by which offense you face and your previous DWI/DWAI convictions. For example, a first DWI can be punishable by up to year in jail, fines ranging from $500 up to $1,000, along with a license suspension of six months. Second DWI convictions can lead to fines of up to $5,000, jail time of up to four years, and a one-year license suspension. Penalties will increase with subsequent convictions within 10 years. A third DWI within 10 years is charged as a felony.

Let Us Give You the Skilled Professional Help You Need

As you can see, the consequences of any DWI-related charge can seriously impact your life. It is critical to have professional help from a skilled attorney to have an effective defense. Our New York DUI lawyers are ready to fight for you with diligence, dedication, and hard work.

Ready to get started? Call us at (646) 603-0522 to get started today.

Recent Testimonials

Read What Our Past Clients Had to Say
  • Lance has been instrumental in ensuring that we achieved our goals and did not make any missteps.

    “Lance's powerful experiences, expertise, relatability, patience, and genuine presence make him incredibly effective.”

    - Chief Administrative Officer
  • Phil made me feel entirely safe, taken care of, and completely un-judged.

    “Phil's experience in the field is so evident - from his amazing ability to mitigate stressful situations to his always A+ elegant appearance.”

    - Former Client
  • I commend Mr. Clarke for consistently raising the bar.

    “Mr. Clarke is the kind of attorney that strengthens the relationship between the prosecution and the defense bar.”

    - Federal Prosecutor
  • Thanks to Phil, I can hold my head high, and continue with my life in freedom.

    “Phillip Hamilton saved my life. He represented me in a highly publicized national case. I was vilified by the media. I was charged with multiple felonies and misdemeanors.”

    - Former Client
  • A trusted friend recommended that I call Lance Clarke after my arrest.

    “As soon as I entered the courtroom, I could tell that Mr. Clarke was highly respected by the prosecution and courtroom staff alike. I knew then that he was the right pick.”

    - Former Client
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Recent Results

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  • Burglary Acquittal After Jury Trial
  • Felony Arrest Warrant No Arrest and No Prosecution
  • Sex Crime Dismissal of Charges
  • Violation of NY Rent Stabilization Law Six-Figure Settlement
  • International Money Laundering and Smuggling Non-Jail Sentence
  • Active Felony Arrest Warrant No Arrest and No Prosecution
  • Obstruction Dismissal of Charges
  • Grand Larceny and Insurance Fraud Dismissal of Charges
  • Dismissal of Immigration Removal Proceedings Dismissal of Immigration Removal Proceedings
  • Over $50,000 Stolen in Corporate Revenue Dismissal of Charges
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