Criminal Law
A driving while intoxicated (DWI) arrest starts two cases at once: a criminal case in the court for the county, city, town, or village of arrest, and a license case with the court and the New York Department of Motor Vehicles (DMV). Our Williamsville office — 5651 Main Street, Unit 324, Williamsville, NY 14221 — helps clients in Erie County and surrounding Western New York counties understand the charges, protect driving privileges where the law allows, and work through the process step by step.
Geography matters: Criminal and DWI cases are handled in the county of arrest. We focus DWI work on Western New York. Our statewide service in every county in New York applies to uncontested no-fault divorce — it is not a statewide DWI claim.
Criminal and DWI matters at Santoro, Carr PLLC are handled by Jeffrey P. Santoro.
Contact Us After an Arrest Call (716) 646-8570
New York Vehicle & Traffic Law § 1192 sets out several related offenses. In general terms:
VTL § 1192(1) (alcohol). Driving while your ability is impaired by alcohol. Generally a traffic infraction, not a crime, for a first offense — but it still carries fines, a license suspension, and a record. DWAI can also be charged based on drugs, or a combination of drugs and alcohol (§ 1192(4) and (4-a)), which are treated more seriously.
VTL § 1192(2), (2-a) per se, and (3). Driving with a blood alcohol content (BAC) of .08 or more, or driving in an intoxicated condition. Generally a misdemeanor for a first offense. A commercial-license and under-21 standard can be lower, and a BAC of .08 is not required for every theory of DWI.
VTL § 1192(2-a). Driving with a BAC of .18 or more, or driving while intoxicated with a child age 15 or younger in the vehicle (which can also be charged as a felony under Leandra’s Law). Aggravated DWI carries higher fines and longer license revocation than a standard first-offense DWI.
Related charges can include reckless driving, driving with a suspended or revoked license (aggravated unlicensed operation), traffic tickets from the stop, and — with prior DWI convictions within the statutory look-back period (generally 10 years) — felony DWI. The exact charge depends on the test result, prior record, and facts of the stop.
Penalties depend on the exact charge, BAC, prior offenses, and whether anyone was hurt. The ranges below are a general overview only — confirm current penalties with an attorney before relying on them, because statutes, surcharges, and DMV rules change.
Generally: a fine roughly in the $300–$500 range plus surcharges, up to 15 days in jail, and a license suspension of about 90 days. A conditional license may be available if eligible.
Generally: a fine roughly in the $500–$1,000 range plus surcharges, up to 1 year in jail, license revocation for at least 6 months, an ignition interlock device for at least 12 months in many cases, and alcohol screening / treatment requirements.
Generally: a fine roughly in the $1,000–$2,500 range plus surcharges, up to 1 year in jail (higher exposure in child-passenger / felony cases), and license revocation for at least 1 year, plus ignition interlock.
A second DWI within 10 years is generally a class E felony, and a third within 10 years a class D felony, with exposure to state prison, higher fines, and revocation for at least 18 months in many cases. Prior DWAI convictions count toward later enhancement in important ways.
Courts commonly order an ignition interlock device on any vehicle you own or operate, along with alcohol evaluation and any recommended treatment. Completing the DMV Impaired Driver Program (IDP, formerly DDP) can be part of regaining full driving privileges.
A DWI conviction can affect auto insurance, employment, professional and commercial licenses, immigration status, and child-custody matters. Those collateral consequences are part of what a defense should weigh, not just the fine.
Under New York’s prompt suspension law, if a chemical test showed a BAC of .08 or more, the judge at arraignment will generally suspend your license pending prosecution. That means the license problem often starts at the very first court appearance — not at the end of the case.
If police say you refused a chemical test, the DMV schedules a refusal hearing, typically within about 15 days of arraignment, before a DMV administrative law judge. Your license is generally temporarily suspended pending that hearing. If the DMV finds a lawful arrest, probable cause, proper warnings, and a refusal, it can revoke your license — generally for at least 1 year for a first refusal — and impose a civil penalty (commonly $500, plus a driver-responsibility assessment). You have the right to appear with counsel, question the officer’s account, and present evidence. Do not miss this date.
In limited circumstances, a court may grant a hardship privilege for essential driving (for example, work, school, or medical care) where extreme hardship is shown. Later, many drivers become eligible for a conditional license through the DMV’s Impaired Driver Program, often after an initial period under prompt suspension (commonly 30 days), subject to eligibility and prior-record limits. Neither is automatic or guaranteed — timing and eligibility are exactly why early advice matters.
Review the stop, arrest, testing, and paperwork; request discovery, calibration and maintenance records, and video; identify suppression and trial issues.
Handle prompt suspension, any DMV refusal hearing, and hardship / conditional license steps in parallel with the criminal case.
Conferences with the prosecutor, motion practice (for example, challenging the stop or statements), and hearings where the court decides what evidence the prosecution can use.
Where appropriate, negotiate toward a reduced charge (for example, DWAI) or other resolution that limits license, record, and employment consequences — no outcome can be promised.
If a fair resolution is not available, prepare for trial; if you choose a plea, make sure you understand the sentence, surcharges, interlock, and DMV consequences before you decide.
Complete court and DMV requirements — fines, program, interlock, evaluation — and take the steps to restore full driving privileges when eligible.
From our single office in Williamsville, Jeffrey P. Santoro helps DWI clients in Erie County and Western New York: explaining the charge and the two-track (court + DMV) process in plain language, appearing at arraignment and later court dates in the county of arrest, representing you at a DMV refusal hearing, pursuing hardship or conditional driving privileges where you are eligible, reviewing the stop and chemical test for defenses, and negotiating or litigating with the goal of limiting the impact on your license, record, and livelihood. We do not promise outcomes — we give you a clear assessment and a plan.
If your matter is outside Western New York, or involves charges beyond DWI, tell us where the arrest occurred and what you were charged with, and we will tell you candidly whether we can help or should refer you elsewhere.
Deadlines for your license and DMV hearing can come within days. Call (716) 646-8570 or toll-free (888) 685-0551, or contact us online.
Office: 5651 Main Street, Unit 324, Williamsville, NY 14221. This page is general information only and is not legal advice. Viewing it or contacting the firm does not create an attorney-client relationship. Do not send confidential information until an engagement is confirmed in writing.