A Western New York or Buffalo DWI arrest can happen to almost anyone. Many of our clients have never had any other involvement with the criminal justice system before their first DWI, which makes the experience especially frightening. If you have been charged with DWI, Aggravated DWI, or DWAI anywhere in Western New York, Sunil Bakshi and Joseph Leta can help.
Most people do not realize how little alcohol it takes to raise a blood-alcohol content over the legal limit, or how long the body takes to metabolize it. You can be driving perfectly normally, be stopped through no fault of your own, and still face arrest. With more than 25 years of focused DWI experience, we know how these cases are investigated, how each Western New York court responds, and how to protect your license, your record, and your livelihood.
New York DWI charges explained
New York’s drinking-and-driving laws are among the strictest in the country, and the charges carry very different consequences:
- DWI (Driving While Intoxicated): a crime, generally charged at 0.08% BAC or higher. A first conviction carries a minimum six-month license revocation and a mandatory fine of at least $500.
- DWAI (Driving While Ability Impaired): a traffic infraction (alcohol) typically charged between 0.05% and 0.07% BAC, with a 90-day suspension and a minimum fine of $300. A DWAI is often the goal of a successful plea negotiation.
- Aggravated DWI: a BAC of 0.18% or higher. This is a crime requiring a one-year revocation and a minimum fine of $1,000.
- DWI–Drugs: driving while impaired by drugs carries a mandatory minimum six-month revocation and a fine of at least $500.
Repeat offenses within ten years are charged as felonies and carry dramatically harsher penalties, including longer revocations, larger fines, and possible jail or state prison.
The real consequences of a Western New York DWI
A DWI conviction reaches far beyond the courtroom. New York requires an ignition interlock device on every vehicle registered in your name, at your own expense of roughly $75 or more per month, even while your driving privileges are revoked. Convictions also mean higher insurance premiums, a permanent criminal record, and potential barriers to employment, professional licensing, and even travel to Canada. Commercial drivers face additional nationwide reporting of any CDL conviction.
Field sobriety and chemical tests
At the roadside you may be asked to perform field sobriety tests: the walk-and-turn, the one-leg stand, the horizontal gaze nystagmus test, and others. These tests are subjective, frequently administered incorrectly, and can be affected by medical conditions, footwear, road conditions, and nervousness. We carefully examine how every test was administered and whether the officer followed proper procedure.
The chemical test: breath, blood, or urine, is often the centerpiece of the prosecution’s case. Breath-testing instruments must be properly calibrated, maintained, and operated by a certified operator. We obtain and review the maintenance and calibration records, the operator’s certification, and the testing protocol for any deviation that could render the result unreliable.
Refusals and the DMV hearing
If you refused the chemical test, you face a separate proceeding entirely apart from the criminal case: a DMV refusal hearing. A knowing refusal carries a mandatory one-year license revocation, even if you ultimately win in court. These hearings are scheduled quickly and are governed by their own rules. We have appeared at hundreds of refusal hearings and know the personnel and the process intimately. Learn more on our DMV hearings page.
How Bakshi & Leta defend your case
With a DWI arrest, you have to act fast. At your first court appearance the court will usually suspend your driving privileges, leaving you without a way to get to work, school, or medical appointments. By reaching out to us quickly, we can move to obtain hardship privileges and a conditional license so your life can continue while we fight your case.
From the day after your arrest until your license is fully reinstated by the DMV, we guide you through every step: arraignment, motions, hearings, plea negotiations, and, if necessary, trial. Each of the many judges across Western New York has unique requirements, and our familiarity with those requirements lets us resolve cases both quickly and cost-effectively. Just as importantly, we explain each issue to you so you are never in the dark.
Serving Buffalo and all of Western New York
We defend DWI and DWAI clients in Amherst, Cheektowaga, Tonawanda, West Seneca, Clarence, Grand Island, Orchard Park, Kenmore, Hamburg, Depew, Lancaster, Lockport, Niagara Falls, and the City of Buffalo, along with the many town and village courts of Erie and Niagara Counties. See every community and court we serve on our areas we serve page.
Ultimately, there are severe consequences to a Buffalo NY DWI arrest, and you need an attorney with the experience and the know-how to expertly guide you through the maze of legislation and court procedure. Call Bakshi & Leta today at (716) 631-0004 for a free, confidential consultation.
A first-offense DWI is generally a misdemeanor. It can be charged as a felony if you have a prior DWI conviction within ten years, or where aggravating factors such as a child in the vehicle (Leandra’s Law) are present.
0.08% BAC for DWI. A BAC of 0.18% or higher is Aggravated DWI with greater penalties, and drivers can be charged with DWAI between 0.05% and 0.07%.
Refusing a chemical test triggers a separate one-year license revocation through the DMV, independent of the court case. It is a serious decision. Contact an attorney as soon as possible to understand your options.
Often, yes. Your license is typically suspended at arraignment, but we can frequently obtain hardship privileges and a conditional license so you can drive to work, school, and medical appointments.
Charged with DWI? Call now.
The sooner you call, the more we can do to protect your license and your record. Free, confidential consultation.