DUI & DWI Offenses Attorney

DUI and DWI Defense Attorney in Suffolk County, New York

If you’ve been arrested for DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) in Suffolk County, New York, you’re facing serious criminal charges that can have life-altering consequences. Attorney Michael Brown is Suffolk County’s most experienced DUI and DWI defense lawyer, with a proven track record of protecting drivers’ rights and achieving favorable outcomes in even the most challenging cases.

Understanding DWI and DUI Charges in New York

In New York State, impaired and intoxicated driving offenses are primarily classified under the Vehicle and Traffic Law. While many states use the term “DUI,” New York typically uses “DWI” and related charges to prosecute drivers suspected of operating vehicles while impaired by alcohol or drugs.

What is DWI in New York?

Driving While Intoxicated (DWI) is the most common drunk driving charge in New York. You can be charged with DWI if you operate a motor vehicle with a Blood Alcohol Content (BAC) of 0.08% or higher. This is considered “per se” intoxication, meaning that the BAC level alone is sufficient evidence for prosecution, regardless of whether you appeared impaired.

What is Aggravated DWI?

Aggravated DWI is a more serious charge that applies when a driver operates a vehicle with a BAC of 0.18% or higher—more than twice the legal limit. This elevated charge carries enhanced penalties and is treated more severely by the courts.

What is DWAI?

Driving While Ability Impaired (DWAI) is a lesser offense that applies when a driver’s BAC is between 0.05% and 0.07%, or when the driver is impaired by drugs or a combination of alcohol and drugs to any extent. While DWAI is classified as a traffic infraction rather than a crime for a first offense, it still carries significant penalties and consequences.

Drug-Related DWI Charges

New York also prosecutes drivers who operate vehicles while impaired by drugs, whether illegal substances, prescription medications, or even over-the-counter drugs that affect driving ability. These cases often involve more complex evidence, including drug recognition expert evaluations and blood tests.

Consequences of DWI Convictions in New York

The penalties for DWI and related charges in New York are severe and increase substantially for repeat offenses or aggravating circumstances.

First-Time DWI Offense

A first-time DWI conviction in New York is a misdemeanor that carries:

• Up to one year in jail
• Fines ranging from $500 to $1,000
• License revocation for at least six months
• Installation of an ignition interlock device
• Mandatory attendance at a Victim Impact Panel
• Possible probation
• Increased insurance rates or policy cancellation
• A permanent criminal record

First-Time Aggravated DWI

For a first Aggravated DWI conviction:

• Up to one year in jail
• Fines ranging from $1,000 to $2,500
• License revocation for at least one year
• Ignition interlock device requirement
• All other consequences associated with standard DWI

Second DWI Offense (within 10 years)

A second DWI conviction within ten years becomes a Class E felony, carrying:

• Up to four years in state prison
• Fines ranging from $1,000 to $5,000
• License revocation for at least one year (possibly permanent revocation)
• Mandatory ignition interlock device
• Felony criminal record with lasting employment and housing consequences

Third or Subsequent DWI Offense

A third DWI conviction within ten years is a Class D felony, resulting in:

• Up to seven years in state prison
• Fines ranging from $2,000 to $10,000
• Permanent license revocation in many cases
• Designation as a persistent felony offender in some circumstances

Additional Consequences

Beyond the criminal penalties, a DWI conviction can affect virtually every aspect of your life:

• Employment: Many employers conduct background checks, and a DWI conviction can disqualify you from certain positions, especially those requiring driving or professional licenses
• Professional Licenses: Doctors, lawyers, nurses, teachers, and other licensed professionals may face disciplinary action
• Education: College admissions and financial aid eligibility can be impacted
• Immigration Status: Non-citizens may face deportation or inadmissibility issues
• Insurance: Your auto insurance premiums will increase dramatically, and some insurers may refuse to cover you
• Travel: Some countries restrict entry for individuals with DWI convictions

Why You Need an Experienced DWI Defense Attorney

DWI cases are highly technical and involve complex scientific evidence, constitutional issues, and specialized legal procedures. The prosecution must prove every element of the charge beyond a reasonable doubt, and there are numerous opportunities for an experienced attorney to challenge the evidence and protect your rights.

How Attorney Michael Brown Can Help

As Suffolk County’s most experienced DWI defense attorney, Michael Brown has handled thousands of impaired driving cases and knows exactly how to build a winning defense strategy. He understands the science behind breathalyzer and blood tests, the proper procedures for field sobriety tests, and the constitutional requirements for traffic stops and arrests.

Attorney Brown will thoroughly investigate your case, including:

• Examining the legality of the initial traffic stop
• Reviewing dashcam and bodycam footage
• Challenging the administration and accuracy of field sobriety tests
• Questioning the calibration and maintenance of breathalyzer devices
• Analyzing blood test procedures and chain of custody
• Identifying violations of your constitutional rights
• Reviewing police reports for inconsistencies and errors

Common Defenses to DWI Charges

Every DWI case is unique, but Attorney Brown frequently employs several powerful defense strategies:

Illegal Traffic Stop: Police must have reasonable suspicion of a traffic violation or criminal activity to stop your vehicle. If the stop was unlawful, any evidence obtained afterward may be suppressed.

Improper Field Sobriety Tests: These tests must be administered according to standardized procedures. Factors like medical conditions, injuries, footwear, road conditions, and weather can affect performance.

Breathalyzer Issues: These devices require regular calibration and maintenance. Environmental factors, medical conditions, and operator error can produce inaccurate results.

Blood Test Problems: Blood samples must be properly collected, stored, and tested. Chain of custody issues or laboratory errors can invalidate results.

Rising BAC: Your BAC may have been below the legal limit while you were actually driving but rose by the time testing occurred.

Procedural Violations: Police must follow specific procedures during DWI arrests. Any violations can be grounds for dismissal or suppression of evidence.

Five Reasons Attorney Michael Brown Is Your Best Choice for DWI Defense

1. Unmatched Experience: As the most experienced DWI defense attorney in Suffolk County, Michael Brown has handled every type of impaired driving case, from simple DWAI charges to complex felony DWI prosecutions involving accidents and injuries.
2. Technical Expertise: Attorney Brown has extensive training in the science of DWI evidence, including certifications in field sobriety testing procedures and breathalyzer operation, giving him the knowledge to effectively cross-examine state experts and challenge their conclusions.
3. Proven Results: His track record includes countless dismissed charges, reduced charges, not-guilty verdicts, and successful suppression of evidence in DWI cases, demonstrating his ability to achieve the best possible outcomes for his clients.
4. Local Knowledge: Michael Brown’s deep familiarity with Suffolk County courts, judges, and prosecutors enables him to navigate your case strategically and negotiate effectively when appropriate.
5. Comprehensive Representation: From the initial arraignment through DMV hearings, pre-trial motions, plea negotiations, and trial, Attorney Brown provides complete representation at every stage of your case, ensuring no detail is overlooked.

The Importance of Acting Quickly

Time is critical in DWI cases. You have only a limited time to request a DMV hearing to challenge the administrative suspension of your license. Additionally, evidence can deteriorate, witnesses’ memories fade, and critical video footage may be erased if not preserved promptly.

Attorney Michael Brown will immediately begin working on your case to:

• Request and preserve all relevant evidence
• Schedule and prepare for your DMV hearing
• Investigate the circumstances of your arrest
• Identify all available defenses
• Negotiate with prosecutors from a position of strength

Protecting Your Future

A DWI arrest doesn’t have to result in a conviction. With the right legal representation, you may be able to have charges reduced or dismissed, avoid jail time, minimize license suspension periods, or achieve other favorable outcomes that protect your record and your future.

Attorney Michael Brown understands that good people make mistakes, and a single error in judgment shouldn’t define the rest of your life. He treats every client with respect and compassion while providing the aggressive, skilled defense needed to fight DWI charges.

Don’t face these serious charges alone. Your freedom, your driving privileges, your career, and your reputation are at stake. When you need the most experienced DWI defense attorney in Suffolk County, there’s only one choice.

Contact Attorney Michael Brown today for a confidential consultation about your DWI case. Let his experience work for you.