In Need of a DWI Defense Lawyer in Albany, NY?

Your Fight is Our Fight

Experienced DWI Defense Attorneys in Albany, New York

At O’Brien & Eggleston PLLC, our Albany DWI defense lawyers and support staff are fearless advocates for clients who are facing these difficult legal challenges throughout New York.

Driving While Intoxicated (DWI) is a phrase used to designate drivers whose blood alcohol content (BAC) is .08% or higher, and drivers accused of DWI who refuse to submit to a breathalyzer or drivers accused of Driving While Ability Impaired (DWAI) by illicit drugs or prescription painkillers refusing to submit to a chemical blood test being obtained by law enforcement.

Having handled thousands of DWI-related cases, and hundreds of hearings at the New York State Department of Motor Vehicles (DMV), local courts, and felony courts, we understand the complexities that each alcohol- or drug-related case entails, making few attorneys as successful as ours when defending our clients against these serious charges.

Our DWI defense attorneys in Albany County believe everyone deserves access to collaborative, outside-the-box legal solutions, no matter where they live or work in New York. This is why we provide personal attention that allows us to see their cases through their eyes, enabling our dedicated New York DWI defense attorneys to pursue positive outcomes that align with our client’s goals.

With over 20 years of combined experience on both sides of New York’s criminal courtrooms, accounting for over 200 trials between them, our law firm’s co-founders, Kevin O’Brien and Adam Eggleston, have built important relationships within the legal system, ultimately benefiting our clients and their legal outcomes. Contact us today to discuss your important legal needs, so we can begin building a customized DWI defense strategy on your behalf.

Do I Have to Submit to a Breathalyzer Test If Stopped by the Police in New York?

In New York, any driver suspected of impaired driving is required to submit to alcohol and chemical drug testing or face potential penalties.

The penalties for failure to submit to a breathalyzer or blood test in New York State following a DWI arrest include:

  • First Offense: Suspension of their license for one year.
  • Second and Third Offenses: Suspension of their license for 18 months if he/she has had a prior refusal or DWI conviction within the previous five years.

An additional potential consequence of a DWI refusal to submit to chemical testing is the permanent revocation of the driver’s license.

If you are facing criminal charges for failing to submit to a breathalyzer or chemical blood test, contact our skilled DWI defense attorneys in Albany for help today.

It is important to partner with an experienced DWI defense attorney with vast knowledge of the specific court and county in which you were charged, so together we can produce the best outcome for your unique legal needs.

What are the Different Types of DWI and DWAI Charges in New York State?

Alcohol and drug-related driving violations in New York State include:

  • DWI: BAC .08 or higher, or other evidence of intoxication for drivers of private vehicles.
  • DWI: BAC .04 or higher, or other evidence of intoxication for drivers of commercial vehicles.
  • Aggravated DWI: BAC .18 or higher.
  • DWAI/Alcohol: BAC .05 to .07 or other evidence of impairment while driving a private vehicle.
  • DWAI/Alcohol: BAC .02 for drivers of commercial vehicles or drivers under the age of 21 for any private vehicle.
  • DWAI/Drug: Impaired by a single drug other than alcohol.
  • DWAI/Combination: Driving while impaired by the combined influence of drugs or alcohol.
  • Felony DWI: Prior DWI/DWAI Drug charges or conviction, Vehicular Assault in the 1st or 2nd degree, or Vehicular Manslaughter in the 1st or 2nd degree, within the past 10 years can be charged as a felony.

No matter what type of DWI/DWAI you are being charged with in New York, even if this is your first offense, the consequences are steep and can impact parts of your life you never imagined, changing your life overnight.

You need a team of legal support that you can trust to put your best interests first. From the initial steps of the process to any additional questions that you may have down the road, our Albany DWI defense attorneys at O’Brien & Eggleston are here for you whenever you need us.

What are the Criminal Penalties Associated with DWI, DWAI, and DWAI Drug Convictions in New York State?

If you or a loved one has been arrested for DWI, DWAI, or DWAI with Drugs you likely have many questions about your case. These may include wondering how the case will proceed, what you can expect from your court appearances, and what might happen next.

It is imperative to have an attorney who is experienced in this complex legal field, so you understand your complete legal rights and options from the start of your case.

Driving while intoxicated is a serious offense in New York and can carry severe penalties that operate on a scale depending on factors like a driver’s history of past drunk driving offenses, their blood alcohol content at the time of the offense, and whether a chemical test was refused.

First Offense DWI Penalties in New York State

  • Misdemeanor criminal charges.
  • $500 to $1,000 in fines.
  • Up to 1 year in jail.
  • Minimum 6-month driver’s license revocation (or 1-year if Aggravated DWI).

Second Offense DWI Penalties in New York State (Within 10 Years of the Previous Offense)

  • Class E felony criminal charges.
  • $1,000 to $5,000 in fines.
  • Up to 4 years in prison, with a minimum of 5 days in jail or 30 days community service.
  • Minimum 1-year driver’s license revocation (or 18 months if Aggravated DWI).
  • Installation of an ignition interlock device.

Third Offense DWI Penalties in New York State (Within 10 Years of the Previous Offense)

  • Class D felony criminal charges.
  • $2,000 to $10,000 in fines.
  • Up to 7 years in prison, with a minimum of 10 days in jail or 60 days community service.
  • Minimum 1-year driver’s license revocation with a chance of permanent revocation.
  • Installation of an ignition interlock device.

Drivers who are caught with a blood alcohol content of .18% or higher may face Aggravated DWI charges. Aggravated DWI in New York is punished similarly to non-aggravated DWI but with lengthier driver’s license revocation periods and higher fine ranges.

Our team understands the issues and procedures associated with all DWI, DWAI, and DWAI Drug charges and can advise you about all the potential consequences, including consequences imposed by the DMV. We have the skill, knowledge, and experience to properly negotiate a resolution and/or effectively advocate your matter at trial.

We Also Represent the Following Practice Areas:

Contact Our Dedicated DWI defense Attorneys in Albany, New York Today

At O’Brien & Eggleston, we offer DWI defense representation to help you protect your best interests and obtain an outcome in your favor. When your interests are in jeopardy, including after a DWI, DWAI, or DWAI Drug arrest, you may feel like you have no chance of a future. We know better.

Tough legal issues require strong legal strategies. That is why we are here.

No matter how serious your situation may be, our DWI defense team believes your case is worth investigating to protect your future and your freedom. As your advocate, our Albany DWI defense lawyer will investigate the charges and evidence filed against you to look for errors or other details that could be critical in the outcome of your case.

Our priority is to prove that you deserve an outcome that supports your future, and we have a strong track record of doing so for our clients. Don’t give up your rights without a fight. Contact our Albany DWI defense attorneys at O’Brien & Eggleston PLLC today by calling 518-391-2369 or contacting us online to schedule your initial appointment.

Recommended Reading

Why We're the Right Choice

Read Our Recent Criminal Defense Victories


Helping You Get Out of a Tough Situation

O'Brien & Eggleston has a proven track record of helping the underdog achieve positive outcomes in and out of trial.

The O'Brien & Eggleston Difference

A Firm Unlike Others


Over 20 Years of Combined Experience

Our decades of experience not only make us extremely knowledgeable and skilled, but it has allowed us to build important relationships within the legal system, ultimately benefiting our clients.


Focused on Personal Attention

At O’Brien & Eggleston PLLC, the client ALWAYS comes first. We take pride in giving each client the genuine and undivided attention their case deserves. We work hard to develop strategies that help accomplish their unique goals.

Winning Icon

Winning Mentality

There are many firms that seek the path of least resistance. Not us! We are dedicated to doing whatever it takes to achieve the best possible outcome for our clients.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

© 2023 All Rights Reserved.