At Tully Rinckey, we understand that experience is very important in DWI and DUI defense. Our criminal defense team has the experience that you need to fight aggressively on your behalf. Our defense team includes:

  • Former Judges
  • Former DWI Prosecutors
  • Former District Attorneys
  • Former Federal Prosecutors for the United States Attorney’s Office

Our criminal defense attorneys have a multitude of experience on both sides of a criminal procedure and bring that knowledge and strategy to every case the firm takes on. Each client is given personal and individual attention to ensure that we are providing the best and most professional service possible.

The trial-tested attorneys at Tully Rinckey protect your legal rights and fight aggressively to defend you from DWI or DUI charges. Working tirelessly from discovery through appeal, we help you realize a fair outcome of your case. Let us defend you today.

Alcohol and Drug Violations and Penalties

The criminal defense attorneys at Tully Rinckey PLLC are experienced in dealing with DWI and DWAI cases.


In New York State, there are seven basic alcohol and/or drug-related violations with which a driver can be charged. The possible violations are as follows:

  • DWI: Driving While Intoxicated; .08 BAC or higher, or other evidence of intoxication.
  • Aggravated DWI: Aggravated Driving While Intoxicated; .18 BAC or higher.
  • DWAI/Alcohol: Driving While Ability Impaired (by alcohol); .05 BAC to .07 BAC, or other evidence of impairment.
  • DWAI/Drug: Driving While Ability Impaired by a drug other than alcohol
  • DWAI/Combination: Driving While Ability Impaired by the combined influence of drugs and alcohol
  • Chemical Test Refusal: Refusing to take a chemical test, normally a test of breath, blood or urine.
  • Zero Tolerance Law: A driver who is less than 21 years old and who drives with a .02 BAC to .07 BAC

Possible Penalties

Driving While Intoxicated is not a crime taken lightly in New York State. Penalties for such alcohol and drug-related violations can include:

  • License suspensions/revocations
  • Fines
  • Possible jail terms
  • Higher insurance premiums
  • Mandatory attendance at Victim Impact Panel
  • Mandatory enrollment in Drinking Driver Program


In addition to the penalties listed above, surcharges are added to violations. In most instances, these surcharges cannot be waived and will be due on top of the fine you are assessed for your violation.

Multiple Offenses

Committing multiple alcohol and/or drug-related violations within a 10-year period can mean more severe penalties. Three or more convictions within the 10-year period can result in permanent revocation of your license. Should your license be permanently revoked, you will have the opportunity to request a waiver no sooner than 5 years from the revocation.


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No matter the criminal matter you face, the respectful, knowledgeable and experienced attorneys at Tully Rinckey handle your legal representation with sensitivity and care. We protect your rights and fight to help you realize the legal outcomes you desire. Let us represent you today.

To schedule a free consultation with a member from our experienced team, contact us 24 hours a day, 7 days a week, at 8885294543 or

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When you choose Tully Rinckey PLLC, you aren’t just assigned an attorney. Your legal matter will be cared for by our entire legal team and support staff. With offices throughout the United States, we make sure you receive legal counsel and representation you can trust.

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