What is the difference between DWI and DWAI in New York?

DWI applies at a BAC of .08 or higher and is a misdemeanor on a first offense. DWAI applies at a BAC between .05 and .07 and is a traffic infraction on a first offense, not a crime. Reducing a DWI to a DWAI is often a central goal of the defense.

Should I refuse the breathalyzer in New York?

Refusing a chemical test carries a separate DMV civil penalty and a one-year license revocation even if the DWI is dismissed, plus a $750 assessment. The details matter, so speak with a lawyer directly.

Can a DWI be reduced to a lesser charge in New York?

Often yes. Depending on BAC, record, evidence, and county, a DWI can sometimes be negotiated to a DWAI, which is a violation rather than a crime.

Do I need a lawyer for a first DWI in New York?

A first DWI is a criminal misdemeanor with a permanent record, license loss, and thousands of dollars in costs at stake. Early decisions shape the whole case. Consultations are free.

Distressed driver resting his head on the steering wheel after a DWI arrest

Former Prosecutor · Over 30 Years of Experience · Queens DWI Lawyer

You've already made one huge mistake.
Don't make another by overpaying for your DWI defense.

Q: How much does a DWI lawyer cost in New York?

Jonathan Kaye charges a flat $1,500 legal fee for misdemeanor DWI representation, agreed in writing up front. That fee covers legal services only. Court fines, DMV fees, and program costs are set by the government and are separate.

Q: What happens to my license after a DWI arrest?

If your BAC was .08 or higher, the judge suspends your license at arraignment while the case is pending. You may be eligible for a hardship privilege and later a conditional license tied to the Impaired Driver Program.

^$1,500

Flat FeeMisdemeanor DWI, start to finish. No hourly surprises.

*$1,500 flat fee is for misdemeanor DWI attorney representation from start to finish.

📞 Call Jonathan Now(516) 790-6618

Available 24/7. If I cannot pick up, leave a message and I will call you right back. I call back every number I see on my caller ID. You always speak directly with Jonathan.

Cannot talk right now? Request a free case review and Jonathan will call you.

⚖️ Former DWI Prosecutor 📅 30 Years of Defense ⭐ Top 100 National Trial Lawyers

Honest, Up-Front Pricing

The $1,500 flat fee, explained

Most firms will not put a number on their website. We will. Here is exactly what the flat fee covers, in writing, before any work begins.

What the flat fee covers $1,500

Full misdemeanor DWI representation, arraignment to resolutionIncluded

All standard court appearances on your caseIncluded

Review of the stop, the testing, and the evidenceIncluded

Negotiation with the prosecutor for a reductionIncluded

Direct cell phone access to your lawyerIncluded

Your flat legal fee$1,500

Felony charges, DMV refusal hearings billed separately, appeals, and cases that proceed to trial are quoted individually and agreed in writing before any work begins.

Questions about your case?

The fastest answer is a quick phone call, and there is never a charge to talk it through. Jonathan answers his own phone, day or night.

📞 Call (516) 790-6618

Available 24/7. He calls back every number he sees on his caller ID.

The Difference That Matters

Defended by a former DWI prosecutor

Jonathan Kaye spent years as an Assistant District Attorney prosecuting hundreds of New York DWI cases. He knows how the other side builds a case, because he used to build them. Whether you are looking for a New York City DWI lawyer, a DUI lawyer or DUI attorney, or a drunk driving lawyer near you, that inside perspective is what wins reductions and dismissals.

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He knows the playbook

Having prosecuted DWI cases, Jonathan knows where the weaknesses hide: the stop, the field sobriety test, the breath machine, the paperwork. He looks for them first.

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Every call answered by a lawyer

How many lawyers give you their mobile number? You will never be handed off to a call center. When you call, you reach Jonathan directly, 24 hours a day.

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30 years, one focus

Three decades defending New York drivers and a place among the National Trial Lawyers Top 100. Deep, local, DWI-specific experience across every NYC borough.

How We Fight It

How we build your DWI defense

Jonathan Kaye is a New York City DWI and DUI lawyer with over 30 years of experience and a background as a former Assistant District Attorney who prosecuted hundreds of these cases. He knows how the State builds a drunk driving case, because he used to build them, and he puts that to work defending yours.

A real defense starts by going over every detail of the case, from your account of the night to the arresting officer's. Among the things we examine:

✓Your written account of the night, from the first drink to the last contact with the officer.
✓The criminal complaint and the arresting officer's paperwork, read line by line.
✓Search and seizure issues, and whether the traffic stop was even warranted.
✓The field sobriety tests, how they were administered, and whether they were refused.
✓The breath or blood test, your BAC, and whether proper procedures were followed.
✓Your record and the facts, so a first offender just over the limit is handled differently than a repeat case.

When the evidence is weak, we press for a dismissal or a reduction to DWAI, a violation rather than a crime. When the case is stronger, we build a pretrial mitigation plan and prepare for every outcome, so nothing catches you by surprise. See how we build your case in full.

When to contact a DWI lawyer

Seek counsel as soon as you are accused of drunk driving. The sooner an experienced DWI attorney is on your side, the more can be done, from exploring diversion programs to fighting the charge to negotiating a plea. A DWI reaches well beyond the courtroom, into your license, your job, and your record. The first call is the most important one, and it is free. Call Jonathan any time at (516) 790-6618.

Know What You Are Facing

New York DWI penalties at a glance

New York treats impaired driving in tiers, set by Vehicle & Traffic Law section 1192. Understanding which one you face is the first step in fighting it.

Offense	Trigger	Fine	Max jail	License	Level (1st)
DWAI (Alcohol)	BAC .05 to .07	$300–$500	15 days	90-day suspension	Infraction
DWI	BAC .08 or higher	$500–$1,000	1 year	6-month revocation	Misdemeanor
Aggravated DWI	BAC .18 or higher	$1,000–$2,500	1 year	1-year revocation	Misdemeanor
2nd DWI (within 10 yrs)	Repeat offense	$1,000–$5,000	4 years	1-year revocation	Class E Felony
DWI with child in car	Leandra's Law	$1,000–$2,500	4 years	1-year revocation	Class E Felony

Figures are statutory ranges and are provided for general information. A refusal to take a chemical test carries a separate DMV penalty and a $750 assessment. Your actual exposure depends on the facts of your case.

Jonathan Kaye, New York DWI defense attorney

Meet Your Lawyer

Jonathan Kaye

Jonathan Kaye has practiced New York DWI and DUI defense for over 30 years. A former Assistant District Attorney who prosecuted hundreds of DWI cases, he now uses that insider knowledge to defend drivers across New York City and Long Island. He handles your case personally, from the first phone call to the final court date.

0+Years defending drivers

100sDWI cases prosecuted, then defended

24/7Direct line to a lawyer

Speak With Jonathan Now

Where We Defend

Serving every New York DWI court

DWI cases are handled court by court, and each one is different. Jonathan defends DWI, DUI, and drunk driving cases in the criminal courts of all five boroughs and in Nassau and Suffolk County.

QueensQueens Criminal Court, Kew Gardens BrooklynKings County BronxBronx County ManhattanNew York County Staten IslandRichmond County Nassau CountyDistrict Court, Hempstead Suffolk CountyDistrict Court All of New YorkStatewide DWI defense

Answers

New York DWI questions

Straight answers to what New Yorkers ask most after an arrest.

DWI (Driving While Intoxicated) applies at a BAC of .08 or higher and is a misdemeanor on a first offense. DWAI (Driving While Ability Impaired by alcohol) applies at a BAC between .05 and .07 and, importantly, is a traffic infraction on a first offense, not a crime. Getting a DWI reduced to a DWAI is often a central goal of the defense, because it keeps a criminal conviction off your record.

Most firms will not tell you until you call. Jonathan charges a flat $1,500 legal fee for misdemeanor DWI representation, from arraignment to resolution, agreed in writing up front. That fee covers legal services only. Court fines, DMV fees, and program costs are set by the government and are separate, no matter which lawyer you hire.

Refusing a chemical test carries its own consequences in New York: a separate DMV civil penalty and a one-year license revocation, even if the DWI charge is later dismissed, plus a $750 assessment. There is no one-size answer, and the details matter. This is exactly the kind of question to ask a lawyer directly, which is why Jonathan answers his phone 24/7.

Often, yes. Depending on your BAC, your record, the strength of the evidence, and the county, a DWI can sometimes be negotiated down to a DWAI, which is a violation rather than a crime. A former prosecutor knows how the district attorney evaluates these cases, which is a real advantage at the negotiating table.

If your BAC was .08 or higher, the judge will suspend your license at arraignment while the case is pending. You may be eligible for a hardship privilege for essential driving, and later a conditional license tied to the Impaired Driver Program. Acting quickly protects your ability to keep driving to work.

A first DWI is a criminal misdemeanor in New York, with a permanent record, license loss, and thousands of dollars in costs on the line. The decisions made in the first days of a case shape everything that follows. A consultation is free, and every call is answered by Jonathan directly.

The Fastest Way to Get Help

Call Jonathan now

Available 24/7. If I cannot pick up, leave a message and I will call you right back. I call back every number I see on my caller ID. You always speak directly with Jonathan, never a screener.

📞 (516) 790-6618

Available 24 hours a day, 7 days a week.

You've already made one huge mistake.
Don't make another by overpaying for your DWI defense.