In New York County (Manhattan), a first-time DWI under NY VTL § 1192 is a misdemeanor carrying up to one year in jail and fines up to $1,000. Law Offices Of SRIS, P.C. has handled thousands of DUI/DWI cases firm-wide. A DWI Lawyer Manhattan can help you fight the charges and protect your driving privileges.
Last verified: April 2026 | New York County Supreme Court | NY VTL § 1192 (official New York State Senate)
Under New York law, driving while intoxicated (DWI) is defined by NY VTL § 1192. A person is guilty of DWI when operating a motor vehicle with a blood alcohol content (BAC) of 0.08% or higher (per se DWI under § 1192.2) or when their ability to operate is impaired by alcohol (common law DWI under § 1192.3). A separate charge, DWAI (Driving While Ability Impaired), applies to BAC of 0.05% to 0.07% under § 1192.1. Leandra’s Law (§ 1192.2-a) makes it a Class E felony to drive drunk with a child under 15 in the vehicle. A DWI Lawyer Manhattan from Law Offices Of SRIS, P.C. can explain how these statutes apply to your specific case.
For more information, see the official NY VTL § 1192 (official New York State Senate) and the New York County Supreme Court website.
- Arraignment: You will be arraigned within 24 hours of arrest. The court sets bail or releases you on recognizance. A DWI Lawyer Manhattan should be present to argue for release.
- DMV Refusal Hearing: If you refused a chemical test, you have 15 days to request a DMV hearing to contest the automatic license suspension.
- Discovery and Motion Practice: Your attorney reviews the police report, breathalyzer results, and any video evidence. Motions to suppress evidence may be filed.
- Plea Negotiations: The prosecutor may offer a plea to a lesser charge, such as DWAI or a traffic infraction, to avoid a DWI conviction.
- Trial: If no plea is reached, the case proceeds to trial in New York County Supreme Court. The prosecution must prove guilt beyond a reasonable doubt.
- Sentencing: If convicted, the judge imposes penalties including fines, jail time, license revocation, and mandatory ignition interlock installation.
In New York County (Manhattan), a first DWI carries up to 1 year in jail, fines of $500-$1,000, and a 6-month license revocation. A DWI Lawyer Manhattan can help you understand the full range of penalties.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| First DWI (BAC 0.08+) | Misdemeanor | Up to 1 year | $500 – $1,000 | 6-month revocation | DRA $250/yr for 3 yrs; ignition interlock; alcohol evaluation |
| DWAI (BAC 0.05-0.07) | Violation | Up to 15 days | $300 – $500 | 90-day suspension | DRA $250/yr for 3 yrs; alcohol evaluation |
| Aggravated DWI (BAC 0.18+) | Misdemeanor | Up to 1 year | $1,000 – $2,500 | 1-year revocation | DRA $250/yr for 3 yrs; ignition interlock; mandatory alcohol treatment |
| Leandra’s Law (child under 15) | Class E Felony | Up to 4 years | Up to $5,000 | 1-year revocation | Mandatory ignition interlock; child protective services involvement |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. has handled 4,739+ documented case results firm-wide across VA, MD, NJ, NY, and DC, with over 93% favorable outcomes. Our firm was founded in 1997 by former prosecutor Mr. Sris, and our attorneys combine over 120 years of legal experience. We are committed to providing strong, case-specific representation for every client.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — New York Location
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Our New York location serves clients at New York County (Manhattan) courts. We are accessible via all subway lines, FDR Drive, West Side Highway, and the Lincoln and Holland Tunnels. We serve all Manhattan neighborhoods including Midtown, Lower Manhattan, Upper East Side, Upper West Side, Harlem, Greenwich Village, SoHo, Tribeca, Chelsea, Hell’s Kitchen, East Village, Financial District, Chinatown, Washington Heights, and Inwood. If you need a DWI Lawyer Manhattan, contact us today.
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Does New York have cash bail?
No. NY reformed bail in 2020, eliminating cash bail for most misdemeanors and non-violent felonies. Most defendants in New York County (Manhattan) are released on recognizance. A DWI Lawyer Manhattan can explain how bail reform affects your DUI/DWI case.
What is an ACD in New York County (Manhattan)?
An Adjournment in Contemplation of Dismissal (ACD) is a disposition where charges are adjourned for 6-12 months and automatically dismissed if you have no new arrests. It is available for many first offenses. A DWI Lawyer Manhattan can help you seek this outcome.
Can I get my criminal record sealed in New York County (Manhattan)?
Yes. NY offers conditional sealing under CPL § 160.59 for qualifying convictions (up to 2) after 10 years. ACD results in automatic sealing. Marijuana offenses have expanded eligibility. A DWI Lawyer Manhattan can guide you through the sealing process.
What is the penalty for a misdemeanor in New York County (Manhattan)?
Class A misdemeanor: up to 1 year jail. Class B: up to 3 months. Violations: up to 15 days. Cases are heard at New York County Supreme Court. A DWI Lawyer Manhattan can explain how these penalties apply to your DUI/DWI charge.
How long does a divorce take in New York County (Manhattan)?
Uncontested divorce: 3-6 months. Contested: 12-24+ months. NY requires 6-month irretrievable breakdown for no-fault. Filing fee: $335 (index number) + $95 RJI. A DWI Lawyer Manhattan can also assist with family law matters.
Last verified: 2026-04. Information updated as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.