Brett Surbey is a corporate paralegal and freelance writer based out of Alberta, Canada. His work has appeared in Publishers Weekly, Canadian Mortgage Trends, Industry West Magazine, and various academic journals. He lives with his wife and two children.
Brett Surbey
Brett Surbey is a corporate paralegal and freelance writer based out of Alberta, Canada. His work has appeared in Publishers Weekly, Canadian Mortgage Trends, Industry West Magazine, and various academic journals. He lives with his wife and two children.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Reviewed
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Getting charged with driving under the influence can be a devastating event. From eroding other’s trust in you, to losing your ability to transport yourself as you see fit, a DUI has serious consequences. Because of these and other factors, you want the best DUI attorney in New York City on your side.
To that end, we’ve researched the best attorneys for DUI representation in New York to create our list.
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Best DUI Attorneys in NYC, NY
Compare Top DUI Attorneys
DUI Laws in New York
Being charged with driving while impaired (DWI) or driving under the influence (DUI) is a serious matter—and the laws surrounding the charge are complex. Below is a summary of the relevant DUI laws in New York and the penalties for all DUI charges in the state.
Legal Blood Alcohol Concentration (BAC) in New York
A person’s blood alcohol concentration is a major determining factor in the type of crime they can be charged with regarding DUI and other related offenses. In New York, the legal amount of alcohol you can have in your blood is capped at .05%. A BAC level higher than .05 means that you are impaired and may be charged with driving while ability impaired by alcohol (DWAI).
A BAC level of .08 or greater constitutes a DWI/DUI charge in New York and carries stricter penalties—discussed later in this article. If you have a BAC of .18 or higher—more than double the legal limit—this is considered an aggravated DWI and carries very harsh penalties.
Note that commercial truck drivers in New York are under tighter restrictions, with a legal limit of .04 BAC or higher.
Though an over-the-limit BAC level is strong evidence you are impaired, it is not necessary to convict you in a court of law.
A police officer’s testimony regarding your driving patterns, appearance, behavior and smell may be enough evidence for you to be convinced of a DUI-related crime.
Implied Consent Laws in New York
In all states across the USA, when an individual applies for a driver’s license or operates a vehicle, they implicity consent to the use of field sobriety tests or chemical tests administered to determine impairment. Because of implied consent laws, if you refuse a breathalyzer test if an officer suspects you are driving impaired, your license is suspended for a period of time and you could face a fine.
In New York, the penalty for refusing a sobriety test is a six-month driver’s license suspension and a potential $500 fine. If you have been previously charged with a DUI, you could face more severe suspensions, fines or even jail time.
DUI Penalties in New York
Under New York DUI laws, you will be subject to various penalties such as fines or jail time, depending on the severity of your offense. Here are the penalties for first, second and third offenses for the different DUI-related convictions.
Driving While Ability Impaired (DWAI)
Driving While Intoxicated (DWI)
Aggravated Driving While Intoxicated (Aggravated DWI)
Other penalties to be aware of include:
- Greater penalties for consecutive charges. If you are convicted of three or more alcohol or drug related criminal charges or three test refusals within a 10-year period, you could have your license permanently revoked. Keep in mind that a waiver request is available after five years.
- Ignition interlock devices (IIDs). A common penalty for DUI offenders, especially repeat ones, is the installation of an IID. This tool measures your blood alcohol concentration and will not allow you to start your vehicle if any alcohol is detected on your breath.
What to Expect After a DUI Arrest in New York
Once a police officer pulls you over, suspecting you were drinking and driving, and confirms this via a field sobriety test, you are “booked” or taken to a local police station. Once there, your personal belongings are taken until your release and the staff takes your biographical information down. You remain in a cell until law enforcement determines you are no longer under the influence.
After the arrest you are given a notice of arraignment, outlining the criminal charges against you and asking how you intend to plead. When your case is called before a judge, you are formally charged and have bail set, if necessary. The judge asks if you have an attorney. If you don’t, they may refer you to the public defender’s office.
How Can an Attorney Help You?
A seasoned DUI attorney will guide you through the entire legal process and create a solid defense case for you along the way. DUI lawyers have extensive knowledge of DUI laws and regulations in the state and are able to utilize evidence and expert witnesses to defend you against prosecution—potentially resulting in an acquittal or reduced sentence.
Additionally, a lawyer also knows when to negotiate a plea bargain in order to get you the best possible outcome.
How to Choose the Best DUI Lawyer in NYC, NY
When it comes to finding the best DUI lawyers in New York City, you can’t just look at attorney sites–they’ll all say they are the best in their field.
- Ask for referrals. Some of the best insights on a lawyer’s character and intellectual ability come from people who have had first-hand experience with them. Make sure to ask people you trust if they—or someone they personally know—have had dealings with a local DUI attorney.
- Take advantage of free consultations. To help determine if they can properly serve you, attorneys will offer free consultations to learn about your case. They help the attorney make a decision about whether you are a good fit for their practice, but they are also an opportunity for you to see if the attorney is a good fit for you. If you have the time and energy, take advantage of these complimentary consultations with a number of lawyers to find the best lawyer for you.
- Don’t be afraid to ask questions. While the attorney may typically be the one asking for information, that does not mean you can’t probe for insights either. Making sure you understand how your attorney approaches DUI cases, their track record in court and their experience in matters similar to yours, are all critical questions you need answered to make a well-informed decision.
Methodology
To come up with the DUI Lawyers in New York City in 2024, Forbes Advisor considered many factors. Forbes Advisor’s analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses & certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education & employment background
- Scholarly lectures & writings
- Awards & Honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
How much does a NYC DUI lawyer cost?
The cost of hiring a DUI lawyer is generally reflected by the complexity of your case, which is determined by various factors like your blood alcohol level or whether this is a first-time offense. Typically, hiring an experienced DUI attorney costs anywhere from a few thousand dollars up to five-figures in fees. However, keep in mind that NYC does have pro bono legal services for those charged with a DUI that you may be eligible for.
Is a DUI considered a felony in New York City?
Whether or not a DUI is considered a misdemeanor or a felony depends on multiple factors that vary by state. Typically, an elevated blood alcohol level well above the legal limit of .08 may result in a felony charge. New York law specifically states that if an individual is a second-time offender on DUI charges within the last 10 years, they are automatically considered to have committed a felony. Additionally, if the intoxicated driver has caused bodily harm to another as a result of the drunk driving, prosecutors may have the discretion to prosecute the case as a felony rather than a misdemeanor.
Will I be fined for getting a DUI in NYC?
Yes, if you are convicted of a DUI/DWI in New York, you face a mandatory fine and potential jail time. Depending on the severity of the crime, the range of fine you pay could be anywhere between $500 and $10,000.
