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Law Offices of Jonathan Kaye

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Misdemeanor DWI in New York

If you’ve been arrested for a DWI in the state of New York, several factors will determine if you will be charged with a misdemeanor or felony. Typically first time offenders are charged with a misdemeanor unless an injury, accident or another illegal activity in conjunction with the DWI occurred. Also a law passed in 2009 known as Leandra’s Law makes it a felony to drive while intoxicated even if it’s your first offense if there was a person under the age of 16 in the vehicle when the DWI occurred.

While misdemeanor usually implies a minor crime with relatively small penalties, this is not the case when it comes to misdemeanor DWI. ┬áThis is because it is one of the few misdemeanors that many times results in jail time. If you are required to serve jail time for your misdemeanor DWI, you will be sentenced to no more than one year in a county jail. Possible jail time in addition to the fines and suspended driver’s license makes it one of the most severely punished misdemeanors, if not the worst.

Direct Fines and the fees associated with a misdemeanor DWI such as treatment easily exceed several thousand dollars, not including attorney fees. Indirect charges such as insurance premiums, employment opportunities etc. can add up as well.

When it comes to representing our clients for misdemeanor DWI charges our first goal is to get the charges dismissed or weakened. Of course, avoiding jail time will be of the highest priority. Other goals will be based on each client’s needs. We recommend letting us give you a free consultation so that we can go over what you’ve been charged with and what the best plan is to meet your objectives. Call us today at (718) 746-5017 or email us.


  • "Thanks Jonathan for helping me out so much. I was scared after getting my 2nd DWI. You helped calm me down and allowed me to start sleeping again. I hope there isn't anybody I know that will have to go through this, but if I do, I will highly recommend your services." Thanks again, Melissa D. Queens NY

  • "Hi Jonathan, Thank you so much for helping me with my DWI. I'm so glad that nightmare is over. You helped put my mind at ease and I felt so much better right after I spoke with you. Don't take this personally, but I hope I never have to call you again!" Carol E. Queens NY

  • "Jonathan, thanks again for getting my DWI charges reduced. I didn't think there was a chance of that happening. Unfortunately, I just had a friend get a DWI over the weekend. I told her who to call." Mike S. Queens NY