DWI Lawyer Kings County (Brooklyn), NY — What Are Your Defense Options?
A DWI charge in Kings County (Brooklyn) is a serious misdemeanor under NY VTL § 1192, carrying up to 1 year in jail, fines, and license revocation. Law Offices Of SRIS, P.C. provides focused defense for driving while intoxicated charges in the 2nd Judicial District. Our DWI lawyer Kings County team is available 24/7 to protect your driving privileges and future.
New York DWI/DWAI Law in Kings County
In New York, driving while intoxicated (DWI) and driving while ability impaired (DWAI) are defined under Vehicle and Traffic Law (VTL) § 1192. A DWI per se charge (VTL § 1192.2) applies with a blood alcohol concentration (BAC) of 0.08% or higher. A DWAI charge applies with a BAC between 0.05% and 0.07%, or with observable impairment. Aggravated DWI (VTL § 1192.2-a) applies for a BAC of 0.18% or higher, and Leandra’s Law elevates the charge to a felony if a child under 15 is in the vehicle. These cases are prosecuted in Kings County Supreme Court.
Last verified: April 2026 | Kings County Supreme Court | NY VTL § 1192 (official New York State Senate)
Official Legal Resources
For the official text of New York’s DWI statutes, refer to the New York Vehicle and Traffic Law § 1192. For court-specific procedures and forms in Kings County, visit the Kings County Supreme Court website.
Local Court Process for a DWI Charge in Brooklyn
Your case will begin with an arraignment at a local criminal court. The DMV will also initiate a separate administrative proceeding regarding your license. An experienced impaired driving charge lawyer Kings County can handle both tracks. In Kings County Supreme Court, prosecutors often have specific policies regarding plea offers, especially for first-time offenses.
- Arraignment & DMV Action: You will be arraigned, and the NY DMV will suspend your license pending a refusal hearing if applicable.
- Case Review & Investigation: Your attorney will obtain discovery, review police reports, and challenge the stop, testing procedures, or calibration.
- Negotiation & Hearings: Your lawyer may negotiate for a reduced charge like DWAI or seek an Adjournment in Contemplation of Dismissal (ACD). A DMV hardship hearing is also pursued.
- Trial or Resolution: If a favorable plea cannot be reached, your case will proceed to a bench trial in Kings County Supreme Court.
Potential Penalties for DWI in Kings County
In Kings County, a first-offense DWI carries penalties including jail time, significant fines, and a mandatory license revocation.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| DWAI (1st) | Traffic Infraction | Up to 15 days | $300 – $500 | 90-day suspension | Driver Responsibility Assessment |
| DWI (1st) | Misdemeanor | Up to 1 year | $500 – $1,000 | 6-month revocation | Ignition Interlock, DRA |
| Aggravated DWI (1st) | Misdemeanor | Up to 1 year | $1,000 – $2,500 | 1-year revocation | Enhanced fines & interlock |
| DWI with Child (Leandra’s Law) | Class E Felony | Up to 4 years | $1,000 – $5,000 | 1-year revocation | Ignition Interlock, felony record |
Results may vary. Prior results do not guarantee a similar outcome.
Our Firm’s Background in DWI Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys bring a combined 120+ years of legal experience to building strong defenses. We understand that a DWI charge in Brooklyn can disrupt your life, and we work to protect your driving privileges and record.
Case Results & Client Focus
While specific case counts for Kings County are not published, firm-wide, Law Offices Of SRIS, P.C. has handled 4,739+ documented case results with a favorable outcome rate exceeding 93%. Our approach involves a detailed review of the traffic stop, chemical test administration, and machine calibration to identify defenses.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Kings County DWI Defense Team
Our New York location serves clients in Kings County (Brooklyn). We represent individuals at the Kings County Supreme Court. We serve neighborhoods including Downtown Brooklyn, Williamsburg, Park Slope, DUMBO, Brooklyn Heights, Bushwick, Crown Heights, Flatbush, Bay Ridge, Bed-Stuy, Bensonhurst, Coney Island, Brownsville, and Sunset Park.
Availability: 24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C. — Buffalo, NY
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
By appointment only.
DWI Lawyer Kings County FAQs
What is the difference between DWI and DWAI in New York?
Yes, there is a key difference. DWI (Driving While Intoxicated) requires a BAC of 0.08% or higher or significant impairment. DWAI (Driving While Ability Impaired) applies with a BAC of 0.05% to 0.07% or observable impairment. Penalties for DWI are more severe.
Can I get a conditional license after a DWI arrest in Brooklyn?
It depends. You may be eligible for a conditional “hardship” license for driving to work, school, or medical appointments. This requires a hearing at the NY DMV, separate from your criminal case. A driving while intoxicated defense lawyer Kings County can guide you through this process.
What is a Driver Responsibility Assessment (DRA)?
A DRA is a mandatory fee imposed by the NY DMV after a DWI/DWAI conviction. It is $250 per year for three years, totaling $750, payable also to any court fines. Failure to pay results in license suspension.
Should I refuse a breath test if stopped for DWI in NY?
No. Refusing a chemical test in New York triggers an immediate license revocation and a separate DMV refusal hearing, often with harsher penalties than a test failure. It can also be used as evidence of guilt in court.
What is an Adjournment in Contemplation of Dismissal (ACD) for DWI?
An ACD is a disposition where your case is adjourned for 6-12 months. If you have no new arrests during that period, the charges are automatically dismissed and can be sealed. It may be available for some first-time offenses.
Related Legal Information
If you are facing a DWI charge in Kings County, you may also want to learn about New York DUI/DWI defense. For other legal matters in Brooklyn, consider our services for business law or federal criminal defense. We also assist clients in neighboring areas like Albany County.
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.