DWI Defense
New York State has some of the strictest laws and penalties in the country for driving while impaired. The fines are higher, license suspension terms are more significant, and prison terms are longer. You need the skills of highly qualified legal professionals and the support of compassionate allies to get you through this. You need the Hacker Murphy team.
Our dedicated attorneys will provide you with strong representation and work to reduce charges, avoid mandatory minimum sentences, and pursue every legal option for favorable outcomes, whether you are facing:
Driving While Ability Impaired (DWAI)
Driving While Ability Impaired (DWAI) is a charge that results from driving under the effects of drugs, alcohol, or a combination of substances, with a blood alcohol level (BAC) of between 0.05% and 0.07%. It is often overlooked as a lesser offense but it still carries severe consequences. A DWAI conviction even for first-time offenders can result in high fines, mandatory license suspension, and potentially a jail sentence.
Penalties for DWAI in NY
- 1st DWAI (Drug) Charge: Fines up to $1,000, maximum jail term of 1 year, and license suspension for at least 6 months.
- 2nd DWAI (Drug)– E Felony: For a second offense within 10 years, fines of $1,000–$5,000, up to 4 years in state prison, and a minimum 1-year license revocation.
- 3rd DWAI (Drug)– D Felony: For a third offense within 10 years, fines from $2,000–$10,000, up to 7 years in prison, and a minimum 1-year license revocation.
Given the serious implications, working with a skilled DWAI defense attorney is essential. Hacker Murphy attorneys bring deep expertise to DWAI cases, providing clients with persistent, creative, and effective representation to achieve the best possible outcome.
Driving While Intoxicated (DWI)
Driving While Intoxicated (DWI) in New York state is defined as driving with a blood alcohol level (BAC) of 0.08% or higher for private drivers or 0.04% or higher for commercial drivers. New York has some of the strictest DWI laws in the nation, with escalating penalties for repeat offenses and aggravating factors, such as very high BAC levels (over 0.18%) or accidents causing injury.
Then what is a DUI?
DWI (Driving While Intoxicated) and “DUI” (Driving Under the Influence) are terms that are often used interchangeably, but they are not the same: “DUI” is not an official charge in New York state law. Other states use “DUI” as an umbrella term for any alcohol or drug-related driving offense, but New York uses DWI as its primary term.
The Stakes Are High
The effects of a DWI conviction extend far beyond fines and license suspension—they can impact your job, reputation, family life, and freedom. Potential consequences include:
- Hefty fines and surcharges
- License suspension or revocation
- Prison time and/or probation
- Probation, community service, or alcohol counseling
- Increased insurance rates and difficulty obtaining employment, housing, or loans
- Mandatory installation of an ignition interlock device on every vehicle you own
Hacker Murphy’s experienced DWI defense team understands the complexities of local court systems and leverages our respected reputation to negotiate favorable outcomes. Our attorneys offer informed counsel to reduce charges and potential penalties, providing the robust support clients need in these high-stakes cases.
Felony DWI
A DWI can escalate to a felony charge under New York law if you have a prior DWI, DWAI, Vehicular Manslaughter or Vehicular Assault conviction within the past 10 years. Felony DWI carries far more severe consequences, including higher fines, longer prison sentences, and extended license revocations. Out-of-state DWI or DWAI convictions can also count as prior offenses, potentially resulting in a Class E or Class D felony charge.
Class E Felony DWI Penalties
- License revocation for at least 1 year
- Probation for 5 years
- Fines up to $5,000 and a $295 surcharge
- Up to 4 years in state prison
- Attendance at a Victim Impact Panel
- Ignition interlock device installation in all vehicles owned
- Driver responsibility assessment of $750 over 3 years
Class D Felony DWI Penalties
- Fines up to $10,000 and up to 7 years in state prison
- 5-year probation period and 18-month license revocation
- Mandatory attendance at a Victim Impact Panel
- Required evidence of rehabilitation for re-licensing
- Driver responsibility assessment of $750 over 3 years
Hacker Murphy’s attorneys provide strategic and meticulous defense for felony DWI cases. Our firm’s deep experience with DWI law and local courts ensures clients receive dedicated, informed counsel throughout the process. We work to reduce charges, avoid mandatory minimum sentences, and pursue every legal option for favorable outcomes.
Why Choose Hacker Murphy?
Experienced and Affordable Representation
Hacker Murphy’s criminal defense attorneys have decades of experience in DWI/DWAI cases, bringing seasoned insight to every step—from field sobriety tests to trial and sentencing. Our fees are affordable and often more reasonable than high-profile firms, ensuring quality representation without inflated costs.
Respected and Compassionate
Our attorneys are widely respected in Albany and surrounding areas, maintaining strong professional relationships with local law enforcement, prosecutors, and judges. We provide empathetic, respectful representation, understanding the stress and complexity of impaired driving charges.
Personalized Support
At Hacker Murphy, we know that each case is unique. Our team takes the time to answer questions, explain options, and offer guidance tailored to each client’s situation. We strive to alleviate the stress of legal proceedings and provide unwavering support from start to finish.
If you’re facing DWAI, DWI, or felony DWI charges, contact Hacker Murphy at (518) 284-3183 for a free consultation. We’re here to help you navigate this difficult time and protect your rights.