“Getting arrested was the worst day of my life. Fortunately I found a positive review of Mr. Fletcher online and hired him. The charges were dropped because Mr. Fletcher found that the police made a mistake in my case and I’m very grateful.”

~ R.A.

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New York City Drunk Driving / DWI or DUI Defense Attorney

We understand that if you are arrested for Driving Under the Influence or Driving While Intoxicated, you can lose your license and your car before setting foot in a courtroom. A conviction may lead to incarceration, a criminal record, fines, and license revocation. That is why taking immediate action and aggressive representation are the hallmark of our DWI/DUI defense efforts. Lance L. Fletcher, a former DWI prosecutor will work tirelessly to get you the results that you need.

Our DWI Services Include:

Felony DWI (1192.2, 1192.3)
Misdemeanor DWI (1192.2, 1192.3)
Aggravated DWI (1192.2-a)
Driving while Ability Impaired DWAI (1192.1)
Refusal Case (1192.3)
Marijuana related DUI / DWI (1192.4)
Narcotics related DUI / DWI (1192.4)
Medication related DUI / DWI
Portable Breathalyzer DUI / DWI
DMV Hearings
Vehicle release proceedings
License suspension hearings
Conditional License Assistance

The first law against drunk driving was passed in the State of New York in 1910. Afterwards, other states passed similar laws. The early laws did not indicate a maximum blood alcohol level or specify any procedure for testing coordination. They generally prohibited drunk driving, and police officers and judges were left to enforce the law as they saw fit. Starting in 1938, a maximum BAC (Blood Alcohol Concentration) was set at 0.15%. In 1966 it was lowered to 0.10% and to 0.08% in 2003. Each new limit was accompanied with new scientific research suggesting that people just under the limit would be able to drive reasonably well. Interestingly, emerging research suggests that driving with a BAC of 0.08 is about as likely to result in an accident as driving while talking on a cell phone, yet the former is subject to much greater penalties.

Did you know, you can be arrested for driving UNDER the limit of 0.08%? You can be arrested and charged with Driving While Intoxicated even if you are under the limit if the arresting officer thinks that, based on the circumstances, you are intoxicated. These circumstances may include allegations of bad driving, an odor of alcohol, red and/or watery eyes, or slurred speech. If you are under the 0.08 limit, you could also be charged with Driving Under the Influence which is sometimes called "driving while buzzed.". You can also be charged with either DWI or DUI even if you are under the influence a non-alcoholic substance.

Today, DWI & DUI enforcement has never been stricter. There are enhanced penalties for driving with a very high BAC (aggravated DWI - 0.18 or higher) and you can be charged with a felony if you have a prior DWI conviction (even from out-of-state). You can also be charged with a felony if you are driving while intoxicated for the first time and minor children are present during the alleged offense (Leandra's Law). Whether you are pulled over during a "routine" traffic stop, stopped at a checkpoint, or otherwise accused of driving while intoxicated, you may be asked to submit to a breathalyzer test on the side of the road and/or at a police precinct. Additionally, you may be asked to perform a coordination test in front of a video camera. If you refuse to take these tests, you may face an automatic license suspension and the fact of your refusal may be offered as evidence against you. The subsequent prosecution may result in a combination of incarceration, a criminal conviction, license revocation, and the permanent loss of your car.

As a former DWI Prosecutor at the Manhattan District Attorney's Office, Mr. Fletcher has handled numerous DWI and DUI cases. When you meet with him, he will sit down to talk about your DWI / DUI case and provide an assessment of your situation. He will discuss whether the police had a right to stop you, the existence of any breathalyzer tests or video, your chances of success, and what it would take to succeed. Sometimes, it may be possible to negotiate a suitable outcome and realize your objectives early in the litigation. Other situations may demand further effort, up to and including trial. As a former prosecutor, he is prepared to work hard to get you the results that you need. Contact us for a free consultation by calling (212) 619-3900.

DWI Penalties in New York

Charge	Max Jail Term	Driver License Action

Driving While Impaired (1192.1)	15 Days	90 Day Suspension
Driving While Intoxicated (1192.2 or 1192.3)	1 Year	1 Year Revocation
Driving While Impaired by a Drug (1192.4)	1 Year	6 Month Revocation
Aggravated DWI (1192.2a)	1 Year	1 Year Revocation
Second DWI in 10 Yrs (1192.3)	4 Years	18 Month Revocation
Third DWI in 10 Years	7 Years	Permanent Revocation
Second Driving While Impaired in 5 Years (1192.1)	30 days	6 Month Revocation

Call 212-619-3900

The information contained on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. This is attorney advertising. Past performance does not guarantee future results.