Statutes

Facing a DWI charge can be an overwhelming and life-altering experience. At Cimasi Law Office, our attorneys are well-versed in the intricacies of New York’s DWI statutes, ensuring that you have the most informed and strategic defense possible. We are committed to leveraging our deep understanding of these laws to fight for your rights and minimize the impact of a DWI charge on your life.



The applicability of these statutes may vary based on the specifics of each case, including prior convictions, the level of intoxication, and other mitigating or aggravating factors. A thorough review of your specific situation is essential for crafting the most effective defense strategy for you.

Possible Penalties

Facing a DWI charge is a daunting experience that can have severe consequences for your future. At Cimasi Law Office, we have extensive experience in handling DWI cases, and we understand the intricacies of New York State’s legal system. Our seasoned attorneys are committed to providing you with the most effective defense strategy, aimed at reducing the penalties you may face.


First Offense

  • Fines ranging from $500 to $1,000
  • Up to 1 year in jail
  • License revocation for at least six months

Second Offense (within 10 years)

  • Fines ranging from $1,000 to $5,000
  • Up to 4 years in jail
  • License revocation for at least one year

Third Offense (within 10 years)

  • Fines ranging from $2,000 to $10,000
  • Up to 7 years in jail
  • License revocation for at least one year

Aggravated DWI

  • Fines ranging from $1,000 to $2,500
  • Up to 1 year in jail
  • License revocation for at least one year

DWI with a Child Passenger

  • Fines ranging from $1,000 to $5,000
  • Up to 4 years in jail
  • License revocation for at least one year

Chemical Test Refusal

  • $500 civil penalty
  • License revocation for at least one year

Additional Penalties

  • Mandatory ignition interlock device
  • Alcohol evaluation and treatment programs
  • Increased insurance premiums

Penalties may vary based on the specifics of each case, such as the level of intoxication, prior convictions, and other mitigating or aggravating factors. A thorough review of your specific situation is essential for crafting the most effective defense strategy for you.

Defense Strategies

Facing a DWI charge in New York State is an emotionally taxing and legally complex situation. At Cimasi Law Office, we specialize in crafting robust defense strategies tailored to DWI cases. Our experienced attorneys are committed to leveraging their deep understanding of New York State laws and procedures to minimize the penalties you may face and protect your future.


  • Challenge the Legality of the Traffic Stop
    • Arguing that the police had no reasonable suspicion to initiate the traffic stop.
  • Question the Accuracy of Sobriety Tests
    • Disputing the validity of field sobriety tests or breathalyzer results.
  • Argue Medical or Environmental Factors
    • Presenting evidence that physical conditions or environmental factors affected the test results.
  • Challenge the Chain of Custody of Test Samples
    • Questioning the handling and storage of blood or breath samples to challenge their reliability.
  • Argue Necessity or Duress
    • Claiming that driving while intoxicated was necessary to prevent a greater harm.
  • Challenge the Credibility of Witnesses
    • Cross-examining police officers and other witnesses to expose inconsistencies or biases.
  • Plea Bargaining
    • Negotiating with the prosecution for reduced charges or penalties.
  • Use of Expert Witnesses
    • Employing forensic toxicologists or other experts to challenge the prosecution’s evidence.

Note: Defense strategies may vary based on the specifics of each case, such as the level of intoxication, the circumstances of the arrest, and other mitigating or aggravating factors. A thorough review of your specific situation is essential for crafting the most effective defense strategy for you.

Photo of Attorney Michael Charles Cimasi