If you’re arrested for DWI and take a plea, you are most likely ending up with a misdemeanor conviction, which is why we try our cases. We believe there’s more to your story than a misdemeanor. We’re willing to do the hard work to prove it, to the court and to the public who thinks they’re able to judge you.

Most people I meet are living healthy lives. They work hard. They love their families. They do the right thing. The officer wasn’t around to witness that. These things don’t erase your bad choice, but they do give perspective on who you really are. A good judge cares about this. As your DWI Defense Attorney, my job is to make sure they meet all of you.

I’m Jim Vallone. I’m a former judge, and I know I can help you.

DWI Penalties in NYS

DWAI (Driving While Ability Impaired)

First Conviction — up to 15 days in jail, 90-day license suspension, and fines of $300–$500, plus mandatory state surcharges (additional penalties apply to drivers under 21 years of age)

Second Conviction within 5 years of a prior offense — up to 30 days in jail, at least a 6-month revocation of your driver’s license, and fines of $500–$750, plus mandatory state surcharges

Third Conviction within 10 years — misdemeanor conviction (criminal record), up to 180 days in jail, at least a 6-month license revocation, and fines of $750–$1,500, plus mandatory state surcharges

Aggravated DWI (breathalyzer test result of 0.18 percent BAC or greater)

First Conviction — misdemeanor conviction, up to 1 year in jail, at least a 12-month license revocation, and fines of $1,000–$2,000.00, plus mandatory state surcharges

Second Conviction within 10 years — felony conviction, up to 4 years in jail (“E” Felony), at least an 18-month license revocation, and fines of $1,000–$5,000, plus mandatory state surcharges

Third Conviction within 10 years — felony conviction, up to 7 years in jail (“D” Felony), at least an 18-month license revocation, and fines of $2,000–$10,000, plus mandatory state surcharges

All the above penalties are minimum penalties and could be increased depending on the facts and circumstances of your case.