If you were arrested for DUI or DWI in New York City, you may feel scared, ashamed, and unsure what to do next. You may be worried about jail, your license, your job, your family, or your immigration status.
Here at the Law Office of Patricia M. Machad, we understand how serious this feels. A drunk driving charge can affect many parts of your life. But an arrest is not the same as a conviction. You still have rights, and you still have options.
We help people facing DUI, DWI, DWAI, and other alcohol- or drug-related charges in Manhattan and across New York. We take the time to explain what is happening, what the charge means, and what steps We can take to protect you.
Call (212) 568-4550 today for a free, confidential consultation with one of our experienced criminal defense attorneys.
Many people search for a “DUI lawyer in New York.” But in New York law, the main terms are DWI and DWAI.
DUI usually means “driving under the influence.” New York does not use DUI as the main legal term, but people often use DUI and DWI to mean the same thing. If you were arrested after drinking or using drugs, We can help you understand the exact charge against you.
DWI means Driving While Intoxicated. In many cases, this charge means the police claim your blood alcohol content, or BAC, was 0.08% or higher.
A DWI is a crime. A first offense can lead to fines, jail time, and a revoked license. A DWI can also leave you with a criminal record.
DWAI means Driving While Ability Impaired. This charge is often based on a BAC of more than 0.05% but less than 0.07%, or other proof that alcohol affected your driving.
A DWAI by alcohol is usually less serious than a DWI, but it still matters. It can lead to fines, a license suspension, higher insurance costs, and trouble at work.
New York also has charges for driving while impaired by drugs or by a mix of alcohol and drugs. This may include illegal drugs, prescription medicine, marijuana, or a mix of substances.
These cases can be complex. The police may rely on tests, officer reports, or a drug recognition expert. We look closely at how the stop was handled, how the tests were done, and whether the state can prove its case.
Aggravated DWI is more serious. In New York, this charge can apply when the police claim your BAC was 0.18% or higher.
Aggravated DWI can lead to higher fines, more license penalties, and more pressure from the court. If you are facing this charge, it is important to speak with a defense lawyer as soon as you can.
A first DWI in New York is usually a misdemeanor. Even if this is your first arrest, the penalties can be serious.
For a first DWI, you may face:
A first DWAI by alcohol is usually a traffic violation, not a misdemeanor. But it can still lead to a 90-day license suspension, fines, and other costs.
Every case is different. The facts matter. The stop, the breath test, the field sobriety tests, the officer’s report, and your prior record can all affect the result.
Repeat DWI charges are much more serious in New York.
If you are charged with a second or third alcohol- or drug-related driving offense, the court may treat you more harshly. The DMV may also take stronger action against your license.
A repeat offense can mean:
If you have a prior DWI, DWAI, DWAI/Drug, or refusal, you should not wait to get help. I can review your history and explain what the state may try to do next.
A first DWI is often a misdemeanor. But a DWI can become a felony if you have prior alcohol- or drug-related driving convictions within the lookback period.
A second DWI or DWAI/Drug within 10 years can be charged as a Class E felony. This is much more serious than a first offense.
A Class E felony can lead to:
A third DWI or DWAI/Drug within 10 years can be charged as a Class D felony.
This can lead to even higher fines, longer possible prison time, and a longer license loss. It can also make it much harder to move forward with your life.
If you are facing a felony DWI, you need a defense plan right away. I can look for weaknesses in the stop, the arrest, the test results, and the state’s proof.
A DWI case is not only about court. It can affect your whole life.
If you are not a U.S. citizen, a DWI or related charge may raise immigration concerns. The risk can be greater if there are drugs involved, injury, child passengers, prior offenses, or other criminal charges. We understand how criminal cases and immigration concerns can connect, and take that risk seriously.
A DWI can also affect your job. This is especially true if you drive for work, have a professional license, work with children, or must pass background checks.
Your car insurance may also go up after a DWI or DWAI. Some people may have trouble keeping coverage at all. Our goal is to protect more than your court record. We also look at how the case may affect your license, your work, your family, and your future.
In some cases, a DWI may be reduced or dismissed. But this depends on the facts.
We may look at questions like:
New York limits plea deals in alcohol- and drug-related driving cases, so not every case can be reduced. But that does not mean you have no defense. We review the evidence and fight for the best result possible.
After a DWI arrest, what you do next matters. You should:
You should not assume the case is hopeless. You should also not plead guilty just to “get it over with” before you know the full impact.
A fast plea may seem simple, but it can create long-term problems.
If you were arrested for DWI, DWAI, or DUI in New York City, we are here to help.
We will listen to your story, explain the charge, review the evidence, and help you understand your next steps. We know this may be one of the most stressful moments in your life. You do not have to face it alone.
Call (212) 568-4550 today or visit us online for a free, confidential consultation with the Law Office of Patricia M. Machado.
New York usually uses the term DWI, not DUI. DWI means Driving While Intoxicated. Many people still say DUI when they mean a drunk driving charge.
A first DWI can lead to fines, court fees, possible jail time, license revocation, higher insurance costs, and a criminal record.
A first DWI is usually a misdemeanor. A DWI may become a felony if you have certain prior alcohol- or drug-related driving convictions.
A DWI can stay on your driving record for many years and may affect your license, insurance, and background checks. The DMV may also review your lifetime driving record in some repeat-offense cases.
Yes, it may. The risk depends on the facts, your status, your record, and whether drugs, injury, or other charges are involved. If you are not a U.S. citizen, you should talk to a lawyer before pleading guilty.
Sometimes. It depends on the facts and the evidence. New York has strict rules for alcohol-related plea deals, so you should have a lawyer review your case.
A third DWI within 10 years can be charged as a Class D felony. It can lead to high fines, prison exposure, license revocation, and a felony record.
A chemical test refusal can lead to license suspension or revocation and civil penalties. It is handled separately from the criminal DWI case, so you can face DMV penalties even while the court case is still pending.
