Being arrested for Driving While Intoxicated (DWI) in New York is a serious matter with potentially life-altering consequences. Many people facing this charge want to know whether it’s possible to reduce or “plea down” a DWI to a lesser offense. The answer is yes, in some cases it is possible—but the outcome depends on several factors, and having the right legal representation is key.
Understanding Plea Bargaining in New York DWI Cases
In New York, a DWI can be classified as either a misdemeanor or a felony, depending on the circumstances and the driver’s prior record. Plea bargaining is a common part of criminal law and DWI cases are no exception. A skilled DWI defense lawyer may be able to negotiate with the prosecutor to reduce the charge to something less severe.
What a DWI Can Be Reduced To
-
Driving While Ability Impaired (DWAI)
For a first-time DWI misdemeanor, it is sometimes possible to negotiate the charge down to DWAI, which is a traffic infraction rather than a crime. This is the most common type of plea deal and can help someone avoid a permanent criminal record. -
From Felony to Misdemeanor
If you are charged with a felony DWI—usually due to a prior DWI conviction within the past 10 years—it may still be possible to reduce the charge to a misdemeanor DWI. This type of plea bargain is more complex and depends heavily on the facts of the case and the discretion of the District Attorney’s office.
Factors That Influence Whether a DWI Can Be Reduced
Not all DWI charges are eligible for reduction. Several things will be considered:
-
Is it a first offense or do you have priors?
-
Was there an accident or property damage?
-
Was your blood alcohol content (BAC) extremely high?
-
Did you refuse a breath or blood test?
-
Was anyone injured?
Each case is unique, and the chances of a favorable plea deal often come down to the details—and how well your attorney can argue them.
The Role of an Experienced DWI Attorney
Successfully negotiating a plea deal in a DWI case takes experience, knowledge of New York’s DWI laws, and a strong understanding of how prosecutors and judges approach these cases. A lawyer who has not only handled but also tried many DWI cases will know how to:
-
Spot weaknesses in the prosecution’s case
-
Leverage those weaknesses during negotiations
-
Argue effectively for a reduction in charges
-
Ensure your rights are protected throughout the legal process
At Obedin & Weissman, DWI defense is a central focus of our practice. With over 30 years of experience, including dozens of DWI trials and hundreds of successful case resolutions, we understand how to approach each case strategically and pursue the best outcome for our clients.
7 FAQs About DWI Plea Deals in New York
1. Can every DWI be plea bargained down?
No. It depends on the facts of the case, prior convictions, and whether aggravating factors are present.
2. What is the difference between DWI and DWAI?
DWI is a criminal offense, while DWAI is a traffic infraction with less severe penalties.
3. Will I lose my license if my DWI is reduced?
Possibly. A DWAI still results in a license suspension, but typically for a shorter duration than a DWI.
4. Can a felony DWI be reduced to a misdemeanor?
Yes, but this is less common and requires a strong legal argument and favorable circumstances.
5. Will my insurance be affected?
Yes. Even a DWAI can raise your insurance premiums significantly.
6. Do I still need a lawyer if I want to plead guilty?
Absolutely. An attorney can ensure you’re not accepting a deal that’s worse than necessary and may still be able to get it reduced.
7. How long does the plea process take?
It depends on the court’s schedule, but plea negotiations can take weeks or even months.
5 Tips If You’re Hoping to Plea Down a DWI
-
Hire a seasoned DWI attorney immediately
-
Be honest and thorough in your conversations with your lawyer
-
Follow all court orders and stay out of further legal trouble
-
Gather and preserve any evidence that may support your case
-
Stay off social media—your posts can be used against you
Need DWI Defense in Suffolk County, NY?
If you’ve been arrested for DWI in New York and are hoping for a plea reduction, don’t go it alone. We have the experience to evaluate your case, guide you through the legal process, and fight for the best possible result.
Contact Obedin & Weissman today. We’re available 24/7 and ready to help.