Being accused of Driving While Intoxicated (DWI) in New York can be a frightening and confusing experience filled with many stressful questions:

  • What are the penalties for a DUI conviction in New York?
  • Am I going to lose my license?
  • Can I fight the charges or try to negotiate a plea bargain?
  • What happens next?
  • Should I hire a lawyer to defend my rights?

Frank Acocella - New York DWI Lawyer

I understand the consequences that a DWI conviction can have. You might be facing heavy fines, losing your license and maybe even losing your job. That is why I will treat your case like it is my own case. The stakes are high, and you cannot afford to lose.


— Frank A. Acocella

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Facing DUI / DWI Charges In New York?

If you’ve been arrested on DWI charges in New York State, then it is important to reach out to an experienced DUI defense attorney as soon as possible in order to fully understand all of your rights and legal options before proceeding. By reaching out for legal help, you can maximize your chances of obtaining a favorable outcome and avoid making serious mistakes that could lead to negative consequences down the road.

Being convicted of drunk driving or driving under the influence of drugs could lead to serious consequences including:

  • A jail sentence,
  • a suspended license,
  • a permanent criminal record,
  • probation,
  • expensive fines
  • and more.

However, it is important for you to know that a DWI arrest does NOT always result in a conviction with maximum penalties.

DWI / DUI Attorneys Fighting For You

At, our team of qualified New York DWI defense attorneys have been aggressively and successfully defending the rights of drivers arrested on DWI charges in New York for decades. Our mission is to minimize the penalties and negative consequences of your arrest. Contact us today for a free case evaluation to learn about your legal options and how we can help you obtain a favorable outcome.

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Intoxicated Driving Charges That We Beat

Too many individuals mistakenly believe that nothing can be done after a DWI arrest, aside from simply pleading guilty and accepting the full consequences of a conviction. But the truth is that you can fight your DWI, and you can win. Our attorneys have successfully defended the rights of drivers accused of a variety of intoxicated driving charges in New York in the past. In many cases, we have been able to get the charges dismissed or have been able to negotiate a significant reduction in the charges and penalties. You can find out more information below about the different types of intoxicated driving charges in New York that we fight, including:

  • Driving While Intoxicated (DWI)
  • Driving While Ability Impaired by Alcohol (DWAI / Alcohol)
  • Aggravated DWI (0.18%+ BAC)
  • DWIA Drugs & Combined Influence
  • Felony DWI Charge
  • Underage DWI (Under 21 Years of Age)
  • Breathalyzer / Chemical Test Refusal
Driving While Intoxicated (DWI)

DWI stands for Driving While Intoxicated and is the official term used in New York when referring to an intoxicated driving charge. A standard DWI, also known as DUI,  is a criminal offense in the State of New York in which an individual operates a motor vehicle under the influence of alcohol or drugs.

What Is The Legal Limit In New York?

The legal limit for standards motorists in New York is 0.08%, which means that a driver found to be operating a motor vehicle with a BAC of 0.08% or more in New York is considered to be over the legal limit and can be arrested for driving while intoxicated. However, a driver may be arrested on DWI charges even without evidence of a specific BAC if a law enforcement officer believes that the driver is intoxicated. To learn more about standard DWI charges in New York and how we can help, click here.

Driving While Ability Impaired by Alcohol (DWAI)

Driving While Ability Impaired by Alcohol (DWAI) is the lowest tier of impaired driving offense that an individual can be charged with in the State of New York. A driver can be charged with DWAI if found to be operating a vehicle with a BAC of between .05% to .07%, or if a law enforcement officer finds other sufficient evidence of impairment. Although a DWAI is traffic violation and not a criminal offense like a standard DWI, the penalties for a conviction can still be severe. Visit our “Driving While Ability Impaired” page to learn more about DWAI offenses and the associated penalties.

Aggravated DWI (0.18%+ BAC)

New York has another type of DWI charge called “Aggravated DWI,” which is applicable when a driver is found to be operating a motor vehicle with a BAC of 0.18% or higher. The penalties for an aggravated DWI conviction are much more severe than those associated with a DWAI or standard DWI charge. If your alleged BAC was 0.18% or higher when you were arrested on suspicion of DWI, then you will be facing an aggravated DWI charge and the associated penalties. To learn more about aggravated DWI laws and penalties in NY, click here.

Driving While Ability Impaired By Drugs (DWAI / Drugs)  & Combined Influence

A DWAI / Drugs is another driving offense which involves the consumption of certain types of drugs. A driver is considered to be guilty of DWAI / Drugs if he or she has consumed certain types of drugs to the extent that the drugs have impaired his or her physical and mental capabilities required to safely operate a motor vehicle. For more information about DWAI / Drugs, click here.

Underage DUI  / DWI

New York has a “zero tolerance” policy when it comes to underage drinking and driving. Any driver under 21 years of age is considered to be “underage” in New York and can be arrested on DWI charges if found to be driving with a BAC of 0.02% or more. Visit our “Underage DUI / DWI” page to learn more about this type of DWI.

DUI / DWI For Commercial Drivers With CDL

Due to the size of commercial motor vehicles and the hazardous materials often being transported, the legal limit for individuals driving under a Commercial Driver’s License (CDL) is 0.04% BAC or more. If arrested for DWI while operating under a CDL you will face much more sever fines and penalties compared to those arrested on standard DWI charges.

Breathalyzer / Chemical Test Refusal

The State of New York has an implied consent law. This means that you must submit to a breathalyzer or other chemical test to determine blood alcohol content if an officer asks you to do so. If you refuse to submit to a chemical test then you will face certain minimum penalties including a license suspension and expensive fines.


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