Free, confidential consultation with a former Kings County prosecutor. Available 24/7 at 646-453-4001.
A DWI arrest in Brooklyn can cost you your license, your job, thousands of dollars, and depending on the charge level, your freedom. Amel Spahija is a Brooklyn DWI lawyer and former Kings County prosecutor who has been on both sides of these cases. He knows how the District Attorney charges Vehicle and Traffic Law §1192 violations, how breath and blood evidence gets challenged, and how to fight for dismissals, reductions to DWAI, or favorable plea offers. If you are facing this charge in Brooklyn, call 646-453-4001 for a free, confidential consultation, available 24 hours a day.
New York charges impaired driving offenses under Vehicle and Traffic Law §1192. The exact subsection determines what you are facing:
A first offense misdemeanor DWI carries up to 1 year in jail, fines from $500 to $1,000, a mandatory minimum 6 month license revocation, and a state surcharge. Aggravated DWI raises the fine range and the revocation to 1 year. A second DWI within 10 years becomes a Class E felony with up to 4 years in state prison. Every DWI conviction also requires an ignition interlock device for at least 12 months. Beyond the sentence, you face higher insurance, and potential immigration, professional license, and employment consequences.
After a Brooklyn DWI arrest you typically face two parallel proceedings: a criminal case in Brooklyn Criminal Court at 120 Schermerhorn Street and a separate DMV refusal hearing if you declined the chemical test. You have 15 days from arrest to request that DMV hearing. At arraignment the court will usually suspend your license pending prosecution if your BAC was .08 or higher. We file omnibus motions, demand discovery under CPL Article 245, and prepare suppression motions challenging the stop, the breath test, and any statements.
Brooklyn cases rarely involve a single charge. Prosecutors stack counts, and this one often travels with drug charges, desk appearance tickets and sealing a criminal record. When a case carries several counts, the defense has to answer all of them at once rather than one at a time. You can see every charge we defend in Brooklyn or read how felony and misdemeanor levels differ.
As a former Assistant District Attorney in Brooklyn and Staten Island, Amel Spahija evaluated cases exactly like yours from the other side of the table. He knows how the DA's office weighs the evidence, when it reduces charges, and where its cases break. Read about the former prosecutor advantage, then see our recent Brooklyn case results.
At arraignment, the court typically suspends your license pending prosecution if your BAC was .08 or higher or you refused the chemical test. A separate DMV refusal hearing must be requested within 15 days of arrest if you refused.
DWAI under VTL 1192.1 is a traffic infraction, not a crime. DWI is a misdemeanor. A skilled lawyer can sometimes negotiate a DWI down to DWAI, which keeps a criminal conviction off your record.
Yes. Motions to suppress the stop or the breath evidence have resulted in full dismissals. Even when dismissal is not possible, reduction to a non criminal DWAI is often achievable.
Refusing field sobriety tests carries no automatic license penalty in New York. Refusing the chemical breath or blood test carries a 1 year revocation and a $500 civil penalty, separate from the criminal case.
A DWI conviction is a criminal record and will appear. A DWAI traffic infraction is not a crime and does not appear on criminal background checks, though it does appear on your DMV record.
The earlier we get involved, the more options exist. Call 646-453-4001 for a free consultation with a Spahija Law, or book 30 minutes with Amel directly.
Free, confidential consultations 24 hours a day, 7 days a week. The earlier we get involved, the more options you have.
646-453-4001 Book 30 Mins with Amel for Free