Defense Strategies for New York DWI or DWAI Charges
At the criminal defense law firm of Michalski Militello LLP, many of our clients are surprised to learn how difficult it can be to develop and present an effective response to drunk driving charges. Not only have the penalties for driving while intoxicated (DWI) grown more severe in recent years, your opportunities for pleading to a lighter offense are extremely limited, both as a matter of law and as a result of local prosecution policies.
Nevertheless, our lawyers work hard to take full advantage of every opening our client's DWI case might present. To learn how an experienced defense attorney's focused efforts can help protect you from the worst consequences of a DWI arrest, contact us in Rochester or Avon for a free initial consultation.
Call 888-405-1364 or 585-682-2114 for Advice About DWI or DWAI Defense
Our first line of defense doesn't concern your blood alcohol level or your performance on a field sobriety test. Instead, we look at the reasons stated by the police for suspecting you of drunk driving in the first place, which might open the door for resolving the case on positive terms.
If this is your first DWI or alcohol-related offense, there is a great opportunity for a reduction to a non-criminal plea, such as DWAI (Driving while ability impaired). Further, depending on the quality of the evidence against you, we may be able to litigate the case in such a manner that you may not suffer any conviction at all. If this is not your first offense, don't be alarmed, we can still help you and you will have us there to guide you through the end.
The practical difference between a DWI and a DWAI is significant. A DWI conviction creates a criminal record that can make your next drunk driving case a felony. A DWAI conviction creates no criminal record and acts more like a serious traffic violation on your record.
You should keep in mind, however, that a repeat DWAI will carry a heavier penalty, and a third within ten years can be charged as a criminal misdemeanor. It can also result in lifetime revocation of your license.
Comprehensive Client Service Across the Range of DWI Charges
The defense attorneys of Michalski Militello represent people charged with drunk driving cases of all kinds:
- First offense DWI or DWAI
- DWAI-Drugs
- Repeat DWI cases
- Aggravated DWI charges
- Leandra's Law cases involving DWI with a child passenger
- DWI or DWAI charges against underage or student drivers
- Drunk driving or DWAI-Drugs charges against deaf drivers
- Drunk driving charges against commercial driver's license holders
To learn more about our approach to client service in New York State DWI and DWAI defense, contact Michalski Militello for a free evaluation of your options.


