DWI Attorney in Syracuse, NY

A DWI attorney defends you against a New York drunk driving charge and fights to keep your license, your record and your job. Cambareri & Brenneck, PLLC is a Syracuse, NY criminal defense firm founded by former Onondaga County prosecutors. Your license can be suspended at your first court date. Call 315-424-8326 for a free consultation.

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Syracuse DWI Defense Attorneys Who Used to Prosecute DWI Cases

Most people charged with DWI have never been arrested before. You have more options than a guilty plea.

In New York, DWI means driving with a blood alcohol content (BAC) of 0.08% or more, or driving while intoxicated based on how you looked and acted, under Vehicle and Traffic Law §1192(2) and (3) . A first offense is a misdemeanor. It can bring up to a year in jail, a fine, a license revocation and an ignition interlock on every car you drive.

A DWI arrest starts two cases at once. The criminal case decides whether you are convicted. A separate license case, run by the court and the DMV, can take your license at your very first court appearance. Both need attention from day one.

Cambareri & Brenneck is made up of former Onondaga County prosecutors. Steve Cambareri focuses his practice on DWI defense. He teaches continuing legal education on DWI and the Vehicle and Traffic Law for the Onondaga County Bar Association, and he has lectured to the Syracuse Police Department, the Onondaga County Sheriff’s Office and the Center for Forensic Sciences. He knows how the officers on your case were trained, and where their procedures break down. Scott A. Brenneck worked DWI cases as a prosecutor and now defends them. As your DWI defense attorneys, we use what we learned on the other side to test every step of the case against you.

Arrested for DWI in Syracuse? Do these five things now

Read your paperwork

Find your court date and the court’s name on the appearance ticket or release papers. Missing it can lead to a warrant and a license suspension.

Don’t talk about the case

Don’t explain, apologize or post about it. What you say to police, friends or on social media can be used against you. (Read more: why speaking to police without a lawyer is risky.)

Write down what happened

Note where you were, what you drank and when, where you were stopped, which tests you took and what the officer said. Do it today, while you remember.

Keep your receipts and records

Bar or restaurant receipts, medical conditions and medications can matter to the defense.

Call a DWI attorney before your first court date.

The court can suspend your license at arraignment, and a refusal hearing at the DMV comes fast. Call 315-424-8326. (See also: what to do after a criminal arrest in Syracuse.)

DUI or DWI in Syracuse: which is it?

New York law does not use the term “DUI.” The charges are DWI (driving while intoxicated) and DWAI (driving while ability impaired). Many people search for a Syracuse DUI lawyer, and that is fine. The ticket will say DWI or DWAI, and the penalties are very different. A first DWAI by alcohol is a traffic infraction, not a crime. If you were charged with DWAI, see our DWAI defense page. For a plain-English overview, read what a DUI is in New York.

Do I have to take a breath test in New York?

There are two tests. The roadside breath screening (VTL §1194(1)(b)) is a quick check before arrest. Refusing it is a traffic infraction. The chemical test after arrest, usually a breath test at the station, falls under New York’s implied consent law. You can refuse it, but if police warned you clearly about the consequences, the DMV will revoke your license for at least one year and charge a $500 civil penalty, and the refusal can be used against you at trial.

What if I wasn't read my Miranda rights?

Police do not have to read Miranda warnings during an ordinary traffic stop or roadside tests. Warnings are required before questioning once you are in custody. If police questioned you in custody without them, a judge may suppress those statements after a Huntley hearing. A missing Miranda warning rarely ends a DWI case on its own, because the breath test and the officer’s observations don’t depend on it. It is one tool among many.

Will I lose my license before my case is over?

Often, yes. If a chemical test showed 0.08% or more, the judge must suspend your license at arraignment while the case is pending. If you refused the test, your license is suspended at arraignment until the DMV refusal hearing. Two things can help: a hardship privilege if you can prove extreme hardship getting to work, school or medical care, and a conditional license once the suspension has lasted 30 days. Ask about both at your first meeting.

How Our DWI Defense Attorneys Challenge the Charge

Every DWI case is built in steps. If one step was done wrong, the evidence that follows it can fall apart. We check each one:

The stop. Police need a lawful reason to pull you over. If they didn’t have one, the judge can suppress everything that followed, including the breath tes.

Field sobriety tests. The walk-and-turn, one-leg stand and eye (HGN) tests must be given and scored the way officers are trained. Weather, footwear, injuries and the roadside surface all affect the results.

The breath test. We review the instrument’s calibration and maintenance records, the operator’s certification and the required observation period before the test.

The two-hour rule. Chemical test results are generally admissible under the implied consent law only if the test was given within two hours of arrest, unless you agreed or a court ordered it.

Refusal warnings. A refusal can be used against you only if police warned you clearly and in plain language, and you kept refusing.

Operation of the vehicle. The People must prove you drove or “operated” the car. Sleeping in a parked car with the engine off is a different case from driving down Erie Boulevard.

Your statements.We check whether police questioned you in custody without Miranda warnings, or delayed your request to speak with a lawyer before the test.

The evidence the DA must share. Under New York’s discovery law, prosecutors must turn over body-camera and dash-camera video, test records and officer notes on a deadline. Missing evidence can lead to dismissal or other sanctions.

DWI Penalties in New York

These are the main criminal and license penalties under VTL §1193 for adult drivers. Judges can add probation, the Impaired Driver Program, an alcohol evaluation and treatment.

NY DWI/DWAI Penalty Chart

Swipe to see all columns →

Offense	Statute	Level	Fine	Max jail or prison	License (minimum)
DWAI — alcohol (common reduced charge)	VTL §1192(1)	Traffic infraction	300–500	15 days	90-day suspension
DWI — first offense	VTL §1192(2), (3)	Misdemeanor	500–1,000	1 year	6-month revocation
Aggravated DWI (0.18% BAC or more) — first offense	VTL §1192(2-a)(a)	Misdemeanor	1,000–2,500	1 year	1-year revocation
Leandra's Law (child 15 or younger in the car)	VTL §1192(2-a)(b)	Class E felony	1,000–5,000	4 years	Revocation; interlock required
Second DWI within 10 years	VTL §1193(1)(c)(i)	Class E felony	1,000–5,000	4 years	1-year revocation (18 months if aggravated)
Third DWI within 10 years	VTL §1193(1)(c)(ii)	Class D felony	2,000–10,000	7 years	1-year revocation; may be permanent
Chemical test refusal (DMV, civil)	VTL §1194(2)(d)	Civil (DMV)	$500 civil penalty	—	1-year revocation

Ignition interlock: anyone convicted of DWI must install one in every vehicle they own or operate for at least 12 months, which can end after 6 months with proof of installation. A second DWI within 5 years adds a mandatory 5 days in jail or 30 days of community service. Felony prison terms come from Penal Law §70.00. New DMV point rules took effect in February 2026 (syracuse.com coverage) . Sources: VTL §1193, VTL §1194. This table is general information, not legal advice about your case

Types of DWI Charges We Defend in Syracuse

The DWI charge on your ticket decides your risk. Here are the charges we defend most often in Syracuse City Court and the Onondaga County town courts

First-offense DWI

A first DWI under VTL §1192(2) (0.08% or more) or §1192(3) (intoxication based on observations) is a misdemeanor. Many first-time clients have a clean record and a job to protect. Depending on the evidence, the goal may be a dismissal, a reduction to DWAI, or a sentence that keeps you working.

Aggravated DWI (0.18% BAC or higher)

A BAC of 0.18% or more is aggravated DWI under VTL §1192(2-a)(a). It is still a misdemeanor on a first offense, but the fine range is higher and the minimum revocation is one year. The test number itself becomes the battleground, so the breath or blood test records matter even more.

Leandra's Law (child passenger)

Driving while intoxicated or impaired with a child 15 or younger in the vehicle is a Class E felony under Leandra’s Law, VTL §1192(2-a)(b), even with no prior record. Police must also report the case to the state child abuse hotline when the driver is a parent or guardian. These cases need immediate felony-level defense.

Felony DWI in Syracuse (second or third offense)

A second DWI within 10 years is a Class E felony, and a third is a Class D felony. Felony DWI cases start in Syracuse City Court or a town court but are usually presented to an Onondaga County grand jury and then heard in Onondaga County Court. As a Syracuse felony DWI attorney team, we look first at whether the prior conviction actually counts and whether the dates fall inside the lookback period.

Chemical test refusal

Refusing the chemical test after arrest is not a crime by itself, but it starts a DMV refusal case that can revoke your license for a year. The DMV hearing must be scheduled quickly after arraignment. That hearing is also a chance to cross-examine the arresting officer under oath before trial.

Commercial driver (CDL) DWI

Lower BAC limits apply when driving a commercial vehicle. A DWI conviction in any vehicle, even your personal car, disqualifies a CDL for one year, and a second can mean lifetime disqualification. For CDL holders, avoiding a DWI conviction is often the whole case

Drivers under 21

Under New York’s zero tolerance law, a driver under 21 with a BAC of 0.02% to 0.07% faces a DMV finding and a six-month suspension. A DWI conviction under 21 means at least a one-year revocation. Students at Syracuse University, SUNY Oswego, Le Moyne or OCC may also face campus discipline; see our university discipline and Title IX page

DWI crashes, injuries and vehicular assault

When a DWI crash causes serious injury or death, prosecutors can add felony charges such as vehicular assault or vehicular manslaughter. These cases need an accident reconstruction review early. See our felony and misdemeanor defense page for how felony cases move through Onondaga County Court.

Out-of-state drivers

A DWI arrest on I-81, I-90 or I-690 is a New York case, even if you live elsewhere. The conviction is usually reported to your home state, which may apply its own penalties. We can often handle much of the case without you making repeated trips back to Syracuse .

First court date coming up?

Bring your ticket and release papers to a free consultation. We’ll explain what happens at arraignment and how to protect your license.

How a DWI Case Moves Through Syracuse Courts

Where your case is heard depends on where you were arrested. Here is the usual path for a DWI arrest in Syracuse or Onondaga County

Arrest and testing.

Syracuse Police, the Onondaga County Sheriff’s Office, New York State Police or a town police department makes the arrest. The chemical test is usually given at the station

Release and appearance ticket.

Most people are released with an appearance ticket that lists a court date. Read it carefully.

Arraignment

A DWI in the City of Syracuse goes to Syracuse City Court, Criminal Part, at 505 South State Street. Arrests in Clay, Salina, Cicero, DeWitt, Manlius, Camillus, Onondaga or another town go to that town’s justice court. If your test showed 0.08% or more, or you refused, the judge addresses your license here

DMV refusal hearing (if you refused)

A DMV judge decides whether the refusal was valid. This hearing runs separately from the criminal case

Discovery

The prosecution must share its evidence: video, test records, police reports

Motions and hearings

We ask the court to suppress illegal evidence. Common hearings test the stop, your statements and the chemical test.

Plea or trial

The case may be dismissed, reduced or tried. Felony DWI cases go to an Onondaga County grand jury and, if indicted, to Onondaga County Court at the Onondaga County Courthouse, 401 Montgomery Street.

Sentencing and the DMV.

If convicted, expect a fine, the ignition interlock, the Impaired Driver Program (formerly the Drinking Driver Program) and DMV action on your license

Your license: the second case

Suspension pending prosecution at arraignment if a test showed 0.08% or more
Hardship privilege if you prove you can’t get to work, school or medical care another way; the court can’t delay arraignment more than three business days for that hearing.
Conditional license (NY) after 30 days of suspension, for work, school, medical and similar trips.
Refusal revocation of at least one year if the DMV finds a valid refusal.

Outside Onondaga County

DWI arrests in Auburn go to Auburn City Court (Cayuga County). Arrests in the City of Oswego go to Oswego City Court (Oswego County). Felony cases go to that county’s County Court

Collateral Consequences of a DWI Conviction

A DWI sentence ends, but its effects can last:

Your job.

A misdemeanor DWI is a criminal conviction that can show up on background checks. Jobs that require driving or a company vehicle are most at risk.

CDL and professional licenses.

CDL holders face disqualification. Nurses, teachers, pilots and other licensed professionals may have to report a conviction to their board

Driver Responsibility Assessment

The DMV charges an annual fee for three years after an alcohol- or drug-related conviction or refusal

Insurance.

Expect higher premiums, and some carriers may not renew your policy.

Immigration

For non-citizens, some DWI outcomes, especially felony or drug-related ones, can affect status. We coordinate with immigration counsel when needed.

Pistol permits

A DWI conviction can affect a New York pistol license application or renewal

Future DWIs

A DWI conviction counts as a prior for 10 years, turning a new DWI into a felony

MEET THE TEAM

Meet Your Syracuse DWI Defense Team

Cambareri & Brenneck was founded by, and is made up of, former Onondaga County prosecutors. In a DWI case, that means lawyers who know how the police, the lab and the DA’s office put a drunk driving case together, and where it can come apart.

Steve Cambareri

Partner

Former ADA, violent felony trial bureau

Scott A. Brenneck

Partner, Attorney

Former ADA, Felony Trial Unit: weapons, assault, burglary, robbery

(Ret.) Judge John

Special Counsel

Retired Appellate Division justice, now leading firm mediation.

Melissa K. Swartz

Attorney

Trial and post-conviction work in state and federal court; Court of Appeals

Joe Centra, Esq.

Attorney

Former ADA, Law & Appeals and Narcotics bureaus

Steve Cambareri

Partner

Former ADA, violent felony trial bureau

Scott A. Brenneck

Partner, Attorney

Former ADA, Felony Trial Unit: weapons, assault, burglary, robbery

Melissa K. Swartz

Attorney

Trial and post-conviction work in state and federal court; Court of Appeals

Joe Centra, Esq.

Attorney

Former ADA, Law & Appeals and Narcotics bureaus

(Ret.) Judge John

Special Counsel

Retired Appellate Division justice, now leading firm mediation.

WHY CHOOSE US

Why Hire Former Prosecutors as Your DWI Lawyer

Former Onondaga County Prosecutors

We used to build DWI cases for the People. Now we use that insight to find the weak points in yours

We Teach DWI Law

Steve Cambareri lectures on DWI and the Vehicle and Traffic Law for the Onondaga County Bar Association

Court and DMV, Handled Together

We work the criminal case and the license case at the same time, from your first call.

Free, Confidential Consultation

Call 315-424-8326 or send a message. Bring your ticket and we'll explain your options.

AREAS WE SERVE

DWI Defense for Syracuse & Central New York

Syracuse, NY

Downtown office at 300 South State Street. Cases in Syracuse City Court and Onondaga County Court.

Onondaga County towns

Clay, Salina, Cicero, DeWitt, Manlius, Camillus, Onondaga and Baldwinsville town and village courts.

Auburn (Cayuga County)

Auburn City Court and Cayuga County Court.

Oswego (Oswego County)

Oswego City Court and Oswego County Court.

FAQS

Syracuse DWI & DUI FAQs

Do I need a DWI attorney for a first offense in New York?

Yes, in most cases. A first DWI is a misdemeanor that carries up to a year in jail, a fine of $500 to $1,000, at least a six-month license revocation and an ignition interlock. A DWI attorney can challenge the stop and the test, protect your license at arraignment, and push for a reduction to a non-criminal DWAI

How much does a DWI lawyer cost in Syracuse?

It depends on the charge and how much work the case needs. A first-offense misdemeanor usually costs less than a felony, refusal or aggravated case that needs hearings or a trial. Cambareri & Brenneck offers a free consultation, and we explain the fee before you decide anything. Call 315-424-8326.

Can a DWI be dismissed or reduced in New York?

Yes. Charges can be dismissed if the stop was illegal, the breath test was unreliable or key evidence is suppressed. Many first-offense cases are reduced to DWAI under VTL §1192(1), which is a traffic infraction, not a crime. Results depend on the facts, the prosecutor and the court, so no lawyer can promise an outcome.

Is a DWI a felony in New York?

A first DWI is usually a misdemeanor. It becomes a felony if you have a prior DWI conviction within 10 years, if a child 15 or younger was in the car (Leandra’s Law), or if someone was seriously hurt or killed. A second DWI within 10 years is a Class E felony, and a third is a Class D felony.

Will I lose my license after a DWI arrest in Syracuse?

Often, yes, even before your case ends. If a test showed 0.08% or more, the court suspends your license at arraignment while the case is pending. If you refused the test, it is suspended until a DMV refusal hearing. After 30 days you may qualify for a conditional license, and a judge can grant a hardship privilege in some cases.

What happens if I refused the breathalyzer?

Refusing a chemical test after arrest leads to a separate DMV case. If the DMV finds you refused after proper warnings, your license is revoked for at least one year and you pay a $500 civil penalty, even if the criminal case is dismissed. The refusal hearing comes quickly, so call a DWI defense attorney right away.

What is the difference between DWI and DUI in New York?

New York law doesn’t use the term DUI. The charges are DWI, driving while intoxicated, and DWAI, driving while ability impaired by alcohol, drugs or both. People often search for a Syracuse DUI lawyer, but the charge on your ticket will say DWI or DWAI, and the penalties for each are very different.

Will I go to jail for a first DWI in New York?

Jail is possible, but it is not the usual result for a first DWI with no crash or injury. The law allows up to one year. Most first-offense sentences involve a fine, a conditional discharge or probation, an ignition interlock and the Impaired Driver Program. A very high BAC, a crash or a child in the car raises the risk.

How long does a DWI stay on your record in New York?

A DWI conviction is a criminal conviction. New York’s Clean Slate Act may seal some convictions after a waiting period, but a DWI still counts as a prior for 10 years if you are charged again. A DWAI is a traffic infraction, not a crime, but it stays on your DMV driving record. Ask us how this applies to your history.

Which court will hear my DWI case in Onondaga County?

It depends on where you were arrested. A DWI in the City of Syracuse starts in Syracuse City Court. Arrests in Clay, Salina, Cicero, DeWitt, Manlius, Camillus or another town go to that town’s justice court. Felony DWI cases can move to Onondaga County Court after an indictment. Auburn and Oswego have their own city courts.

Reviewed by Steve Cambareri, former Onondaga County Assistant District Attorney and OCBA lecturer on DWI and the Vehicle and Traffic Law. Last updated October 2026.

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Phone Number

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info@yourcriminaldefense.com

Locations

300 South State Street 1st Floor, Syracuse, NY 13202

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