DWI Lawyer Brooklyn — What Are Your Defense Options?
A DWI charge in Brooklyn is a serious misdemeanor under NY VTL § 1192, carrying up to 1 year in jail, fines, and license revocation. Law Offices Of SRIS, P.C. provides full representation for DWI and DWAI charges in Kings County. Our firm, founded in 1997, has over 120 years of combined legal experience. We offer 24/7 phone consultations to discuss your case.
New York DWI Law and Penalties
In New York, driving while intoxicated (DWI) and driving while ability impaired (DWAI) are defined under Vehicle and Traffic Law (VTL) § 1192. A DWI is charged if your Blood Alcohol Content (BAC) is 0.08% or higher, or if you show other evidence of impairment. A DWAI can be charged at a lower BAC level (0.05% to 0.07%) or based on observed impairment. The law also includes aggravated DWI for a BAC of 0.18% or higher, and Leandra’s Law, which elevates a DWI to a felony if a child under 15 is in the vehicle.
Last verified: April 2026 | Kings County Supreme Court | New York State Legislature
Mr. Sris, the firm’s founder and a former prosecutor, leads our defense team. His experience on both sides of the courtroom provides a strategic advantage in building a strong defense for your impaired driving charge in Brooklyn.
Official Legal Resources
- New York Vehicle and Traffic Law § 1192 (official NY Senate site)
- Kings County Supreme Court Website
Handling a DWI Case in Brooklyn Courts
In Kings County, DWI cases are serious matters handled in criminal court. Prosecutors often move quickly, and the DMV initiates a separate administrative case against your license. An experienced driving while intoxicated defense lawyer Brooklyn understands that challenging the traffic stop, the field sobriety tests, or the breathalyzer calibration can be key to a favorable outcome. In this court, early intervention is critical to request a conditional license hearing and prepare for arraignment.
- Arraignment: You will be formally charged and enter a plea. This usually happens within 24 hours of arrest.
- DMV Refusal Hearing: If you refused a chemical test, you must request a hearing within 15 days to fight automatic license revocation.
- Discovery & Motions: Your attorney will obtain all evidence (police reports, video) and may file motions to challenge the stop or test results.
- Plea Negotiations: Your lawyer will negotiate with the prosecutor, potentially seeking a reduction to a DWAI or other non-criminal violation.
- Trial or Disposition: If a plea agreement isn’t reached, your case will proceed to a bench trial before a judge.
- Sentencing or DMV Penalties: If convicted, you face court sentencing and separate license sanctions from the NY DMV.
Potential Penalties for DWI in Brooklyn
In Kings County (Brooklyn), a first-offense DWI carries a fine of $500 to $1,000, up to 1 year in jail, and a mandatory 6-month license revocation.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| DWAI (1st) | Traffic Infraction | Up to 15 days | $300 – $500 | 90-day suspension | Driver Responsibility Assessment |
| DWI (1st) | Misdemeanor | Up to 1 year | $500 – $1,000 | 6-month revocation | Ignition Interlock, DRA, possible IID |
| Aggravated DWI (BAC 0.18+) | Misdemeanor | Up to 1 year | $1,000 – $2,500 | 1-year revocation | Enhanced fines and mandatory IID |
| DWI with Child (Leandra’s Law) | Class E Felony | Up to 4 years | $1,000 – $5,000 | 1-year revocation | Ignition Interlock, felony record |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your DWI Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. With a combined attorney experience of over 120 years and a firm-wide record of 4,739+ documented case results, we bring substantial resources and a track record of favorable outcomes to every case. Our approach is direct and focused on the specific details of your arrest and the procedures followed in Brooklyn courts.
Case Results and Client Representation
While specific case counts for Kings County DWI are not published, our firm-wide practice has documented 4,739+ case results across all practice areas and jurisdictions, with a high rate of favorable outcomes. We represent clients throughout Brooklyn, including Downtown, Williamsburg, Park Slope, DUMBO, Brooklyn Heights, Bushwick, Crown Heights, Flatbush, Bay Ridge, and other neighborhoods.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Brooklyn DWI Defense Lawyers
Our New York location serves clients with cases in Kings County (Brooklyn) courts. We are accessible to clients throughout the borough.
Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
By appointment only.
24/7 phone consultations. Meetings by appointment only. If you are searching for a “DWI lawyer near me” in Brooklyn, contact us for a case assessment.
Frequently Asked Questions: DWI in Brooklyn
What is the difference between DWI and DWAI in New York?
Yes, there is a difference. DWI (Driving While Intoxicated) requires a BAC of 0.08% or higher, or other clear impairment evidence. DWAI (Driving While Ability Impaired) can apply at a BAC of 0.05% to 0.07%, or based on observable impairment. A DWI is a misdemeanor; a DWAI is a traffic infraction with lower penalties.
Can I get a conditional license after a DWI arrest in Brooklyn?
It depends. You may be eligible for a conditional “hardship” license for driving to work, school, or medical appointments. You must request a hearing with the NY DMV. An experienced impaired driving charge lawyer Brooklyn can guide you through this process, which is separate from your criminal case.
What is Leandra’s Law?
Leandra’s Law (NY VTL § 1192.2-a) makes it a Class E felony to drive drunk with a passenger under the age of 15. Conviction carries stricter penalties, including potential prison time, and mandates the installation of an ignition interlock device on any vehicle you own or operate.
Should I take a breath test if stopped for DWI in Brooklyn?
It depends on your situation. Refusing a chemical test triggers an automatic DMV license revocation hearing and separate penalties. However, taking the test provides evidence for the prosecution. This is a critical decision where immediate legal advice from a DWI lawyer Brooklyn is essential.
How long does a DWI case take in Kings County?
A DWI case in Brooklyn can take from 3 to 12 months or more to resolve, depending on case complexity, evidence review, and court scheduling. The DMV administrative process runs concurrently but on a different, often faster, timeline.
Related Legal Information
If you are facing other charges, our firm also handles business law, civil litigation, and federal criminal defense in Brooklyn. For more information on DWI defense across New York, visit our New York DUI/DWI lawyer hub page. We also represent clients in neighboring areas like Albany County.
Page last verified and updated: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your specific situation.