Manhattan
DWI Lawyer

Many Manhattan DWI arraignments and misdemeanor cases are handled at New York County Criminal Court, 100 Centre Street, New York, NY 10013. Felony prosecutions in Manhattan may proceed in New York County Supreme Court, Criminal Term.

At arraignment, the court addresses the charges and other preliminary issues. The judge may also address release conditions, driving-related issues, and the next court date. What happens next depends on the charges and facts of the case.

Keep all paperwork you received, confirm your court date, preserve potentially useful evidence, and avoid discussing the facts of the case publicly or on social media. Speak with a criminal defense attorney as early as possible so the charges and evidence can be reviewed.

A DWI arrest can affect your driving privileges, but what happens depends on the charge, chemical-test result or refusal, prior history, and court or DMV proceedings. The consequences should be evaluated based on the facts of your particular case.

An alleged chemical-test refusal can trigger a separate DMV proceeding concerning your license or driving privileges in addition to the criminal case. New York DMV states that refusal hearings under VTL §1194 are independent of the criminal court case.

No. An alleged BAC of .08% or higher may support a DWI charge, but a test result is not itself a conviction. The prosecution still must prove the charge, and the circumstances surrounding the stop, testing procedures, and other evidence may need to be examined.

Breath-test evidence should be reviewed rather than automatically accepted. Depending on the case, relevant issues may include testing procedures, timing, observation periods, device records, operator documentation, and other discovery.

Field sobriety evidence can be examined closely. Road conditions, lighting, footwear, medical or physical limitations, the instructions given, and how the officer administered the tests may all be relevant.

Potentially. Police generally need a lawful basis to stop a vehicle. Gina can review the officer’s stated reason for the stop along with police reports, video, observations, and other available evidence.

It can. Body-camera, dash-camera, surveillance, or other video may provide important information about the stop, the driver’s appearance and behavior, field sobriety testing, statements, or an alleged chemical-test refusal.

Discovery can include police reports, video, statements, chemical-testing records, and other prosecution evidence. Reviewing that material can reveal inconsistencies, missing information, procedural issues, or evidence relevant to the defense.

Gina may review the traffic stop, police observations, field sobriety testing, breath or blood testing, refusal warnings, body-camera footage, statements, police reports, and prosecution discovery. The defense strategy is then developed around the actual facts and evidence.

Police may rely on observations involving driving behavior, odor of alcohol, eyes, speech, balance, coordination, statements, and performance on field sobriety tests. Those observations should be evaluated in context rather than considered in isolation.

It is possible in some cases, but no particular outcome can be promised. The available options depend on the evidence, charges, prior history, legal issues, negotiations, and circumstances of the individual case.

New York law includes an aggravated DWI offense involving an alleged BAC of .18% or higher. Because the specific charge can carry additional consequences, the chemical-test evidence and surrounding circumstances should be carefully reviewed.

DWI and DWAI are different alcohol- or drug-related driving offenses under New York law. They have different legal elements and potential consequences, so the exact section charged matters when evaluating a case.