Buffalo DWI Penalties Lawyer
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DWI Charge Reduced
A Canadian resident was charged with a DWI after a Bills game. Arthur convinced the court the test reading was wrong and got the charge reduced, sparing the client a criminal charge.
DWI Case Dismissed
After a woman was charged at a DWI checkpoint, Arthur contested the legality of the roadblock and found procedures weren't properly followed. The DWI charges were dismissed and her license restored.
DWI Charge Reduced
A Buffalo woman was charged with a DWI and blew a 0.23 BAC. Arthur took the case to trial and was successful in keeping the breath test reading from being introduced as evidence. Her charge was reduced to a DWAI.
Arthur Pressman focuses in the areas of DWI, traffic law and criminal defense.
Arthur is a 1982 graduate of the State University of New York at Albany. He earned his law degree from the University of Miami School of Law in 1985 and practiced with the law firm of Heller & Rubin in Miami, Florida from 1986 to 1988. In 1988, Arthur relocated to Buffalo, where he opened his own practice where he has continued to defend those accused of crimes in the Buffalo and Niagara Falls, New York area.


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Understand the charge
Our Buffalo DWI lawyer explains DWI, DWAI, aggravated DWI, and the possible penalties.
Protect your ability to drive
A Buffalo DWI lawyer can review the court and DMV issues in your case. Read about hardship-license eligibility and underage drinking penalties.
Discuss your next step
Speak with a Buffalo DWI lawyer about the stop, testing, and available defenses. Call (716) 517-4250 for a free consultation.
Understanding DWI Penalties in New York
Protecting your future is why we practice law
A DWI conviction can result in immediate and serious consequences. Drunk driving / DWI penalties in New York are severe and can have a cascading effect on your driving privileges, employment and assets. If you are arrested on suspicion of DWI, you need to contact Buffalo DWI lawyer Arthur L. Pressman immediately. Time is critical, and we are prepared to fight for your rights, even if you have had DWI convictions in the past.
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Know what charges you are up against
Knowing the situations in which you can be charged with a DWI/DUI is important. New York prosecutes those who commit the following crimes:
- Driving while intoxicated: You may be convicted of a DWI if your blood alcohol content (BAC) is 0.08% or higher, and you demonstrate other evidence of intoxication.
- Driving while ability impaired by alcohol (DWAI-Alcohol): In New York, you may be convicted of a DWAI-Alcohol if you have a BAC of between 0.05% and 0.07% or if you show other evidence that you are impaired.
- Driving while ability impaired by a drug other than alcohol (DWAI-Drug): This charge can result if you are found to be impaired by chemical substances other than alcohol.
- Refusal to take a chemical test: When you refuse to take alcohol testing by blood or urine, or by a host of other means, at the very least, your license may be revoked and you’ll have to pay a $500 civil penalty.
- Zero tolerance law: If you are a New York driver under the age of 21, you are charged with a DWI if you are found to have any traces of alcohol in your system while driving.
- Multiple DWI convictions: Prior DWIs can lead to harsher penalties if you are convicted. Even a single prior offense can quadruple jail time and double fines.
Arthur Pressman, Attorney At Law helps with DWI matters in these locations: Amherst, Blasdell, Cheektowaga, Clarence, Depew, East Aurora, Lackawanna, Lockport, Tonawanda, Lockport, West Seneca, and Williamsville.
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Consequences to your driving privileges
If you are convicted in the state of New York for a DWI, DUI or DWAI, or for refusing to submit to testing, you may be subject to the following DWI penalties:
- Suspension or revocation of your driving privileges
- Revocation of your drivers license (minimum one year) for refusal to take a chemical BAC test
- Fines of up to $2,500 for a first offense
- Fees and surcharges for a conditional license or new license application
- Fees for any treatment/educational classes
Denying yourself the proper representation may have devastating consequences for your future, especially for multiple violations. Having a savvy, tenacious Buffalo DWI Lawyer on your side can make all the difference. Buffalo DWI lawyer Arthur L. Pressman helps you avoid financial burdens, suspension of your license and severe criminal DWI penalties.
Top Frequently Asked Questions About DWI in Buffalo, NY
Understanding DWI laws and penalties in Buffalo, NY is crucial if you’re facing charges or want to know your rights. In this section, we answer the most frequently asked questions about DWI in Buffalo, NY, covering everything from legal limits and penalties to how an attorney can help you navigate the legal process.
The adult per-se alcohol DWI threshold is .08% BAC, and aggravated alcohol DWI uses .18%. Commercial-driving and under-21 rules differ. Impairment charges can also depend on evidence other than a BAC number.
A standard first alcohol DWI conviction can carry a $500–$1,000 fine, up to one year in jail and at least a six-month license revocation, plus surcharges and other requirements. Ignition-interlock and supervision rules also require review.
A chemical-test refusal can trigger separate DMV proceedings and serious license consequences even without a DWI conviction. The type of test, warnings, notice and hearing findings matter. Obtain advice promptly about the actual paperwork.
A BAC of .18% or higher supports aggravated alcohol DWI. New York also has a separate aggravated offense involving an eligible child passenger. The applicable subdivision determines classification and consequences.
Criminal and DMV records are different, and a conviction does not simply disappear when a particular lookback period ends. Ask counsel which record, disclosure requirement or repeat-offense rule applies to your situation.
Eligibility depends on the stage of the case, the license action and your record. Hardship, pre-conviction conditional and post-conviction conditional privileges have different requirements. Do not drive until the applicable authorization is issued.
Driving while intoxicated or impaired by drugs with a child age 15 or younger can support a felony charge under the child-passenger provision. The precise offense and proof matter, and a charge is not a conviction.
Counsel can review the stop, testing, observations and other evidence, evaluate legal challenges, discuss permitted dispositions and prepare for trial. The available options and result depend on the case.
Alcohol DWAI and DWI have different elements and consequences. A lower BAC is not automatically an alcohol DWAI conviction. Drug DWAI and combined impairment are separate crimes and should not be confused with alcohol DWAI.
A conviction may affect premiums or coverage. The outcome depends on the insurer, policy and driving history; no specific increase or insurance result can be promised.
Drivers under 21 may face the administrative Zero Tolerance process for a qualifying .02%–.07% BAC result, as well as separate criminal charges when their elements are met. License consequences depend on the actual proceeding and record.
A charge can be contested. Potential issues include the justification for the stop, the evidence of operation or impairment, testing reliability and procedural requirements. Counsel can determine which issues are supported by your facts.
Let your next decision be your best decision
Your reaction time is essential, and Buffalo DWI lawyer Arthur Pressman can help you right away. If you or a family member is in need of a DWI lawyer who is familiar with New York state law, contact Buffalo DWI lawyer Arthur L. Pressman at (716) 517-4250 or online. For your convenience, our office is on the subway line, and we offer a free initial phone consultation seven days a week.
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