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DUI Defense

Queens DUI Defense Attorney

Seek Knowledgeable Guidance from a Former Queens County Prosecutor

Being arrested for DUI is a serious matter. If you are convicted, you will face a number of penalties, including fines, probation, and even jail time. You will also have a criminal record, which can make it difficult to find a job, get a loan, or find housing. If you are facing DUI charges, it is important to get legal help as soon as possible.

At Sean A. McNicholas, P.C., I have extensive experience defending clients against DUI charges. As a dedicated DUI defense lawyer in Queens, I will work tirelessly to protect your rights and fight for the best possible outcome in your case.  

Call (475) 471-1971 or contact me online today to schedule your free initial consultation and learn more about your options in your case.

What Is the Difference Between DUI & DWI in New York?

In New York, the terms “driving under the influence” (DUI) and “driving while intoxicated” (DWI) are used interchangeably. Both terms refer to the act of operating a motor vehicle while under the influence of alcohol or drugs. The specific charge you face will depend on the circumstances of your case.

There are three types of DUI/DWI charges in New York:

  • Driving While Ability Impaired by Alcohol (DWAI/Alcohol): This charge is used when a driver is found to be operating a motor vehicle with a blood alcohol concentration (BAC) of .05% to .07%. A DWAI/Alcohol charge is a traffic infraction, not a criminal offense. However, it can still result in fines, a suspended license, and other penalties.
  • Driving While Intoxicated (DWI): This charge is used when a driver is found to be operating a motor vehicle with a BAC of .08% or higher. A DWI charge is a criminal offense and can result in fines, probation, jail time, and other penalties.
  • Aggravated Driving While Intoxicated (Aggravated DWI): This charge is used when a driver is found to be operating a motor vehicle with a BAC of .18% or higher. An Aggravated DWI charge is a criminal offense and can result in more severe penalties than a standard DWI charge.

What Are the Penalties for a DUI Conviction in New York?

The penalties for a DUI conviction in New York depend on a number of factors, including your BAC, whether you have any prior DUI convictions, and whether anyone was injured or killed as a result of your actions.

The penalties for a first-time DUI conviction in New York include:

  • Fines of $500 to $1,000
  • Up to 1 year in jail
  • License suspension for at least 6 months
  • Probation for up to 3 years
  • Required installation of an ignition interlock device (IID) in your vehicle

The penalties for a second DUI conviction in New York include:

  • Fines of $1,000 to $5,000
  • Up to 4 years in jail
  • License suspension for at least 1 year
  • Probation for up to 5 years
  • Required installation of an IID in your vehicle

The penalties for a third DUI conviction in New York include:

  • Fines of $2,000 to $10,000
  • Up to 7 years in jail
  • License suspension for at least 1 year
  • Probation for up to 5 years
  • Required installation of an IID in your vehicle

If you are convicted of DUI and someone is injured or killed as a result, you will face additional penalties, including increased fines and jail time. You may also be charged with a separate crime, such as vehicular manslaughter.

Call Sean A. McNicholas, P.C. Today

My firm can help you protect your rights and your freedom when you are facing such serious charges.

Call (475) 471-1971 or contact me online today to schedule a consultation with a dedicated DUI defense attorney in Queens, NY.

    "Easily one of the most effective criminal attorneys practicing in Queens today."
    His background and capabilities made a world of difference in my life.
    - Thomas
    "Thank you Sean for helping me to prove my innocence."
    When Sean got my case it was already on for trial, within a short time (one month) he was prepared to handle the task with confidence while still being straight up, and truthful with me every step of the way.
    - James
    "I highly recommend Sean."
    The system is the system, they don’t really care, but Sean made me very comfortable and helped me with the case. This man knows all the ropes and is completely straight with you which helped me understand.
    - Vladimir
    "Because of you, the tears have stopped for tonight and I pray I don't have another seizure!"
    After reading the great reviews of this incredible man, I called him for a free consolation. He not only calmed me down but instructed me what to do and what may happen legally.
    - Former Client
    "He treated us like family and gave us enough time to make us understand the situation."
    My wife and I still remember the time when we first spoke with Sean with fear and tears in our eyes and this gentleman guided us in every possible way and got us out of the biggest trouble of ours.
    - Kanwar S.
    "Sean McNicholas is a top tier attorney and true class act."
    When things seemed hopeless, he was able to create hope and reassurance. He was extremely patient and made himself available day and night.
    - Ray