New York DWI Lawyer

Get A Former Prosecutor On Your Side

Being arrested for a DWI in New York City can be a frightening experience. You may feel confused and overwhelmed, with no idea what to do next. At The Law Offices of Mehdi Essmidi P.L.L.C., we’re here to help. Our firm offers experienced and aggressive defense for clients facing criminal charges throughout the city including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island.

When you choose our firm to represent you during a DWI case, you can be confident that your rights will be protected and that your lawyer is working hard to get you the best possible outcome. Our lead attorney, Mehdi Essmidi, is a former New York City Prosecutor. He knows how prosecutors think and uses his knowledge to aggressively defend his clients.

If you’ve been charged with a DWI in New York City, don’t hesitate to contact us for a free consultation. We’ll answer your questions and discuss your options so you can make an informed decision about how to proceed. Contact us today!

Types of DWI Charges

In New York state, a DWI charge can range from a simple violation to a felony. The severity of the charge depends on the individual circumstances of each case. We provide experienced defense for all types of DWI cases including:

Driving While Ability Impaired by Alcohol (DWAI) – VTL 1192 (1)

Driving While Ability Impaired by Alcohol (DWAI) is a violation of the New York Vehicle and Traffic Law (VTL) that applies to drivers who are operating a motor vehicle with a blood alcohol concentration (BAC) of 0.05% to 0.07%. It is considered a lesser offense than driving while intoxicated (DWI), which applies to drivers with a BAC of 0.08% or higher.

Driving While Intoxicated (DWI) – VTL 1192 (2)

Driving While Intoxicated (DWI) is a violation of the New York Vehicle and Traffic Law (VTL) that applies to drivers who are operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher.

Aggravated Driving While Intoxicated (Aggravated DWI) – VTL 1192(2)(a)

Aggravated Driving While Intoxicated (Aggravated DWI) is a violation of the New York Vehicle and Traffic Law (VTL) that applies to drivers who are operating a motor vehicle while intoxicated with a blood alcohol concentration (BAC) of 0.18% or higher. It is considered a more serious offense than regular driving while intoxicated (DWI), which applies to drivers with a BAC of 0.08% or higher.

DWI With a Passenger Under the Age of 16 (Leandra’s Law) – VTL 1192(2)(f)

Leandra’s Law is a provision of the New York Vehicle and Traffic Law (VTL) that applies to drivers who are operating a motor vehicle while under the influence of alcohol or drugs with a passenger under the age of 16 in the vehicle.

Driving While in an Intoxicated Condition (Common Law Indicia of Intoxication) VTL 1192(3)

The New York State Vehicle and Traffic Law (VTL) authorizes an arrest pursuant to this charge when a person operating a motor vehicle appears to be in an intoxicated condition. This charge is often filed in conjunction with VTL 1192(2) and VTL 1192(2)(a). It is also charged when the defendant appears to be in an intoxicated condition and refuses to submit to a chemical test. This is a misdemeanor crime.

Report of Refusal to Submit to a Breath Test VTL 1194(4)(b)

Refusal to Take a Chemical Test (DWI-Refusal) is a violation of the New York Vehicle and Traffic Law (VTL) that applies to drivers who are arrested for driving while intoxicated (DWI) and refuse to submit to a chemical test to determine their blood alcohol concentration (BAC). In New York, drivers are deemed to have given their implied consent to chemical testing when they operate a motor vehicle on public roads. As a result, a driver who refuses to take a chemical test after being arrested for DWI will face revocation of their driving privileges and will be served notice of a DWI refusal hearing to be held by the DMV.

Driving While Ability Impaired by Drugs Other Than Alcohol (DWAI-Drugs) – VTL 1192-4

Driving While Ability Impaired by Drugs Other Than Alcohol (DWAI-Drugs) is a violation of the New York Vehicle and Traffic Law (VTL) that applies to drivers who are operating a motor vehicle while under the influence of a single drug other than alcohol. This includes both prescription and non-prescription drugs that can impair a person’s ability to operate a motor vehicle safely.

What to do After a DWI Arrest

If you’ve been arrested for a DWI in New York, there are a number of steps you can take to protect your rights and give yourself the best chance of getting a favorable outcome.

Speak As Little As Possible

When you’re arrested for a DWI, it’s best you do not admit to anything and speak as little as possible. Anything you say can be used against you in court, so it is best to remain silent and let your attorney handle any interactions with law enforcement.

Contact an Attorney As Soon As Possible

The next step you should take is to contact an experienced DWI defense attorney. A lawyer can help protect your rights, gather evidence in your favor, and fight to get the best possible outcome in court.

Comply With Any Administrative Requirements

It is important to comply with any administrative requirements that are imposed after a DWI arrest. Failing to comply with these regulations can result in additional penalties and fines which could jeopardize your defense strategy in court. An experienced DWI defense attorney can help you make sure that all the appropriate steps are taken to ensure you comply with these requirements.

Proven Strategies for Defending Against DWI Charges

Lack of Probable Cause for the Stop

If law enforcement did not have probable cause to conduct a traffic stop, any evidence collected as a result of that stop may be inadmissible in court.

Insufficient Evidence

The prosecution must provide sufficient evidence to prove the defendant was intoxicated or impaired beyond a reasonable doubt.

Misinterpretation of Field Sobriety Tests

Standard field sobriety tests may be misinterpreted by law enforcement or simply not administered properly, leading to inaccurate results.

Improperly Calibrated Breathalyzer Test

A breathalyzer must be correctly calibrated and maintained in order to produce accurate results.

Rising Blood Alcohol Content

The amount of alcohol in an individual’s system may be rising at the time a breathalyzer test is administered, resulting in a falsely elevated BAC reading.

Illegal Search and Seizure

If law enforcement conducted an illegal search or seizure, any evidence collected as a result may be inadmissible in court.

If you have been arrested or charged with a crime involving driving while intoxicated (DWI) charges, it is important to seek the help of an experienced NYC DWI attorney who can protect your rights and fight to get you the best possible outcome.

The Benefits of Having an Experienced NYC DWI Attorney on Your Side

An experienced NYC DWI attorney can provide valuable insight into the legal process and help you understand your rights. They will take the time to review all of the evidence, including police reports, witness statements, field sobriety tests, breathalyzer results, or any other relevant documents that may be used against you by the prosecution. Additionally, they will be able to provide experienced legal representation in court and fight for your rights. An experienced NYC DWI attorney can also negotiate with the prosecution to minimize or have charges dropped, bringing you one step closer to a favorable outcome.

Hire an Experienced DWI Lawyer Today

If you have been arrested or charged with a DWI offense, it is important to seek legal help from an experienced NYC DWI attorney. With the knowledge and expertise of former New York City Prosecutor, Mehdi Essmidi, you can be confident that your case is in the best hands.

Contact us today for a free consultation and to learn more about how our NYC DWI Attorney can help you protect your rights and fight for the best possible outcome.