Drunk Driving Lawyer Bronx, NY
Call (888) 437-7747 — Available during business hours Law Offices Of SRIS, P.C. — Advocacy Without Borders.
You were driving home on the Major Deegan Expressway after a late dinner with friends in Kingsbridge when you saw the flashing lights in your rearview mirror. A few field sobriety tests and a breath sample later, you are facing a drunk driving charge in the Bronx. A DWI arrest in New York is unsettling, but you do not have to navigate it alone. Law Offices Of SRIS, P.C. represents people charged with alcohol-related driving offenses throughout the Bronx, from Riverdale to Throgs Neck. Mr. Sris, a former prosecutor, brings decades of defense experience to every case. Reach our firm at (888) 437-7747 to request a consultation.
Strategy Options After a Bronx Drunk Driving Charge
Every DWI case presents unique facts, and the defense approach depends on what happened during the traffic stop, the chemical testing, and the officer’s observations. Mr. Sris and his Of Counsel examine the underlying evidence carefully. They look for weaknesses in the reason for the stop, the administration of field sobriety tests, and the calibration and maintenance records of the breath-test device. In many cases, challenging the legality of the stop or the reliability of the breath result can lead to a reduction of the charge or a dismissal. Negotiating with the prosecutor for a lesser offense—such as driving while ability impaired (DWAI)—is also an important avenue. When the evidence is strong, they work to present mitigating information that may influence the court’s sentencing decision. The goal in every case is to achieve favorable outcomes under the specific circumstances.
What To Expect After a DWI Arrest in the Bronx
After an arrest for drunk driving in the Bronx, you will typically be processed at the precinct and then held for arraignment at the Bronx Criminal Court. Under New York’s 2020 bail reform, many first-time DWI defendants are released on their own recognizance at arraignment, but bail may still be set if certain aggravating factors are present or if the case involves a felony charge. At arraignment, the judge will inform you of the charges and set the next court date. For misdemeanor DWI cases, the case proceeds in the Bronx Criminal Court; felony DWI charges—such as a second offense within ten years or a DWI involving serious injury—are heard in the Bronx Supreme Court Criminal Term. Throughout the process, the court may schedule hearings on suppression motions, pre-trial conferences, and, if necessary, a trial. An experienced attorney can explain each stage and help you make informed decisions. Contact our firm at (888) 437-7747 to discuss your options before your first court appearance.
Penalty Overview for DWI in New York
New York’s drunk driving statutes, primarily located in Vehicle and Traffic Law § 1192, create several offense levels. Driving while intoxicated (DWI)—a blood alcohol content of 0.08% or higher—is typically a class A misdemeanor for a first offense. It carries a possible jail sentence of up to one year, fines, and a driver’s license revocation. A second DWI offense within ten years is a class E felony, and a third offense within ten years is a class D felony; felony convictions carry state prison time and longer license revocations. Driving while ability impaired by alcohol (DWAI), a violation-level offense with a lower alcohol threshold, is a traffic infraction, not a crime, and results in a shorter license suspension. Aggravated DWI (BAC of 0.18% or higher) increases the penalties even for a first offense. Additionally, a DWI conviction triggers mandatory surcharges, a driver responsibility assessment, and the possibility of an ignition interlock device. Because the consequences extend well beyond the courtroom, it is critical to have counsel who understands New York’s DWI penalty structure.
Attorney Credentials
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 after serving as a prosecutor. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He and his Of Counsel bring over 120 years of combined legal experience with 4,739+ documented firm-wide results. Results may vary. Mr. Sris keeps a limited personal caseload so that he can devote substantial attention to each matter. His Of Counsel team, experienced in criminal defense, collaborates closely with him on every case.
Frequently Asked Questions
Can I refuse a breath test in the Bronx if I am stopped for DWI?
You may refuse a chemical test, but New York’s “implied consent” law means your refusal will result in an automatic driver’s license revocation and can be used as evidence against you in court. The length of the revocation depends on your driving history and the number of prior refusals. In many cases, the prosecution will argue that a refusal shows consciousness of guilt. An attorney can evaluate whether the police properly advised you of the consequences of refusal and whether the refusal itself can be challenged. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Will I go to jail for a first-offense DWI in the Bronx?
A first-offense DWI in New York is a class A misdemeanor punishable by up to one year in jail, but many first-time defendants do not receive the maximum sentence if there are no aggravating factors. The court has discretion to impose probation, a conditional discharge, or a jail sentence. The presence of an accident, a very high blood alcohol content, or a child in the vehicle can increase the likelihood of incarceration. An experienced attorney can present mitigating information and argue for alternatives to jail.
What is the difference between DWI and DWAI in New York?
DWI (driving while intoxicated) is a criminal charge based on a blood alcohol content of 0.08% or higher or other evidence of impairment; DWAI (driving while ability impaired) is a traffic infraction for a lower level of alcohol impairment, not a crime. A DWI conviction creates a criminal record; a DWAI conviction does not. In plea negotiations, reducing a DWI to a DWAI is a significant goal because it avoids the permanent criminal record. However, a DWAI still carries a license suspension and a fine.
How does New York’s 2020 bail reform affect a Bronx DWI arrest?
Under the 2020 bail reform, most first-time misdemeanor DWI defendants are released without cash bail, but a judge may set bail in certain circumstances, such as a felony charge or a prior conviction. The goal of the reform was to reduce pretrial detention for non-violent offenses. If bail is set, your attorney can request a bail review hearing to argue for release under conditions or a lower amount. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Can a DWI charge be reduced to a lesser offense?
Yes, in many cases a DWI charge can be reduced to DWAI or another traffic infraction through negotiation with the prosecutor or by challenging the evidence at a suppression hearing. The availability of a reduction depends on the strength of the government’s case, your driving record, and the specifics of the arrest. An attorney can examine the breath test calibration records, the officer’s observations, and the legality of the stop to find grounds for a reduction. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
What should I do immediately after a DWI arrest in the Bronx?
After a DWI arrest, exercise your right to remain silent and request to speak with an attorney before answering any questions or consenting to tests. You should write down everything you remember about the stop, including the time, location, and what the officer said. Do not discuss the facts of the case with anyone other than your lawyer. An experienced defense attorney can then begin working on your behalf to protect your driving privileges and build a defense to the charge.
What happens at a DWI arraignment in the Bronx Criminal Court?
At arraignment, the judge will formally read the charges, advise you of your rights, and set bail or release conditions. The judge will also schedule future court dates, such as a pre-trial conference or a hearing. For a misdemeanor DWI, the case is typically calendared in Part AR-1 or another designated DWI part at the Bronx Criminal Court. If you have not yet retained an attorney, the court will assign a Legal Aid or 18-b panel lawyer for that appearance, but you may retain your own counsel at any time.
How long does a DWI case in the Bronx take to resolve?
The timeline of a Bronx DWI case varies based on whether motions are filed, the court’s calendar, and whether the case proceeds to trial or results in a plea. Many DWI cases are resolved in several months, but complex felony DWI cases can take considerably longer. Your attorney can provide a more accurate estimate after reviewing the specific facts and the assigned judge’s schedule.
Can I drive while my DWI case is pending?
In most DWI cases, your driver’s license is suspended or revoked at arraignment or shortly after your arrest, and you cannot legally drive until you obtain a conditional license or full relicensing. The suspension period and eligibility for a conditional license depend on your driving record, the specific charge, and whether you submitted to a chemical test. Your attorney can advise you on what steps you need to take to request a hearing or apply for a conditional license.
Should I hire a drunk driving lawyer for a Bronx case even if I think I’m guilty?
Yes. Even when the evidence against you appears strong, an attorney can identify procedural errors, negotiate a favorable plea, and advocate for a reduced sentence or alternative disposition. A guilty plea entered without legal advice may expose you to avoidable consequences—such as a lengthy license revocation, high surcharges, or immigration consequences if you are not a citizen. Retaining counsel early gives you the trusted chance at a more favorable outcome.
Speak With a Bronx Drunk Driving Lawyer
Call Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation concerning a drunk driving charge in the Bronx. Phones are answered 24 hours a day, seven days a week. Mr. Sris and his Of Counsel team handle DWI, DWAI, and related traffic matters at the Bronx Criminal Court and the Bronx Supreme Court Criminal Term. All consultations are by appointment only.
For a full statutory breakdown of New York DWI law, see our comprehensive analysis at srislawyer.com.
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