Long Island's Premier Criminal & DWI Defense Law Firm
Suffolk County DWI Lawyer (VTL 1192)
If you were arrested for DWI in Suffolk County, your case will usually start at the First District Court in Central Islip or, on the East End, in a town or village justice court. At arraignment, your license can be suspended the same day. Richard Hochhauser of Hochhauser Criminal & DWI Defense, PLLC is a former prosecutor who served in a unit handling only DWI and drugged-driving cases. He now defends drivers charged with DWI, DWAI and chemical test refusal across Suffolk County.
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Brings years of experience from both sides to every case.
Arrested in the last few days?
Call before your arraignment or DMV hearing. We answer 24/7, and the first consultation is free, in person, by video call or by phone call.
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What happens after a DWI arrest in Suffolk County
- Arrest and chemical test. After the arrest, you’re asked to take a breath or blood test. Suffolk County Police, town police on the East End, village police and New York State Police all make DWI arrests in the county.
- Arraignment. Your first court date, where the charge is read and bail or release is decided. If your test showed 0.08% or higher, or if you refused, the judge generally suspends your license at this appearance.
- DMV refusal hearing (if you refused). This is a separate DMV hearing, usually scheduled within about 15 days of arraignment. It decides whether your license is revoked for refusing the test, even if the criminal case is later dismissed.
- Discovery and motions. We obtain the stop video, body-camera footage, breath-test records and police paperwork, and challenge anything that was done wrong.
- Negotiation or trial. Most cases resolve by dismissal, a reduced charge or a plea. Some go to hearing or trial.
Which court will my Suffolk DWI case be in?
Central Islip
Western Suffolk
Babylon, Huntington, Islip, Smithtown and Brookhaven. Misdemeanor DWI cases are generally handled at the First District Court, Cohalan Court Complex, 400 Carleton Avenue, Central Islip.
Town & village courts
East End
Riverhead, Southampton, East Hampton, Southold and Shelter Island. Cases are heard in the local town justice court or, for some village arrests, the village justice court. Enforcement increases in summer.
County Court
Felony DWI
Indicted cases, such as a repeat DWI within 10 years or a charge under Leandra’s Law, go to Suffolk County Court.
Traffic tickets issued with the DWI (speeding, failure to maintain lane, and so on) may be sent to the Suffolk County Traffic and Parking Violations Agency in Hauppauge.
DWI penalties in New York
Suffolk County applies New York State law under Vehicle and Traffic Law §1192. These are the ranges for a first offense:
| Charge | Level | Fine | Jail (max) | License |
|---|---|---|---|---|
| DWAI (alcohol): BAC over 0.05, under 0.08 | Traffic infraction | $300–$500 | 15 days | 90-day suspension |
| DWI: BAC 0.08+ or intoxicated | Misdemeanor | $500–$1,000 | 1 year | Revoked at least 6 months |
| Aggravated DWI: BAC 0.18+ | Misdemeanor | $1,000–$2,500 | 1 year | Revoked at least 1 year |
| DWAI-Drugs or combined drugs and alcohol | Misdemeanor | $500–$1,000 | 1 year | Suspended at least 6 months |
| DWI with a child 15 or younger in the car (Leandra’s Law) | Class E felony | $1,000–$5,000 | 4 years | Revoked |
A second DWI within 10 years is a class E felony (up to 4 years). A third is a class D felony (up to 7 years). Any DWI conviction also requires an ignition interlock device, and the DMV adds a Driver Responsibility Assessment of $250 a year for 3 years, on top of court surcharges.
Can I still drive?
Hardship license
If your license is suspended at arraignment, you can ask the judge for a hardship privilege to drive to work, school or medical care. You have to prove extreme hardship, so this needs to be prepared before or right at arraignment.
Conditional license
After arraignment (for a suspension pending prosecution) or after a conviction, many first-time drivers qualify for a conditional license by enrolling in the DMV’s Impaired Driver Program.
Refusal cases
Refusing the chemical test brings a separate civil revocation of at least 1 year and a $500 civil penalty for a first refusal. Here’s how refusal hearings work.
How we defend Suffolk County DWI cases
As a prosecutor, Richard was trained alongside police on the tests used to build DWI cases: Standardized Field Sobriety Tests, breath-testing instruments, and how officers write up and testify about arrests. He uses that training to find the weak points in the prosecution’s case:
The stop
Did the officer have a lawful reason to pull you over or approach your car? If not, the evidence that followed can be suppressed.
Field sobriety tests
Were they given and scored the way the standard training requires, on a safe, level surface, with medical conditions accounted for?
Breath test
Was the instrument calibrated and maintained, was the required observation period followed, and was the test given within two hours of arrest?
Refusal warnings
Were you clearly warned about the consequences of refusing? Unclear warnings can defeat a refusal allegation.
Video
Dash-camera, body-camera and precinct video often contradict what’s written in the police report.
Deadlines
New York’s discovery and speedy-trial rules put deadlines on the prosecution, and missed deadlines can end a case.
Recent Suffolk County DWI results
DWI dismissed · Reduced to DWAI
DWI with a prior DWI conviction, breath test 0.11
Suffolk County District Court, May 7, 2026. The case ended with a plea to Driving While Ability Impaired, a traffic infraction rather than a crime, with a conditional discharge and 35 hours of community service.
DWI dismissed · Reduced to DWAI
DWI, breath test 0.10
Suffolk County District Court, 2026. After a traffic stop, we got the client a hardship license at arraignment so he could keep driving to work. He then took a plea to Driving While Ability Impaired, a traffic infraction.
No probation
First-offense DWI, roadside breath test 0.16
Suffolk County District Court, September 17, 2026. The prosecution recommended 3 years of probation. After we submitted mitigation, the case resolved with a conditional discharge and TASC treatment supervision instead.
No probation
Chemical test refusal with a prior impaired-driving conviction
Southampton Town Justice Court, August 12, 2026. The offer was a plea to the charge with probation. The case resolved with a conditional discharge and TASC treatment supervision.
What is TASC? In Suffolk County, TASC (Treatment Alternatives for Safer Communities) can supervise treatment in place of probation. Getting a client screened and enrolled early often changes what the prosecution will offer.
Prior results do not guarantee a similar outcome.
Areas we serve in Suffolk County
We defend DWI charges throughout Suffolk County. Our offices are in Hempstead and Garden City in Nassau County, but Suffolk clients can meet with us in person, or skip the drive with a free video call or phone call. We answer 24/7.
- Babylon
- Bay Shore
- Brentwood
- Central Islip
- Commack
- Deer Park
- Hauppauge
- Huntington
- Islip
- Lindenhurst
- Patchogue
- Port Jefferson
- Riverhead
- Ronkonkoma
- Smithtown
- Southampton
- East Hampton
- Montauk
- Southold
- Greenport
Suffolk County DWI: frequently asked questions
Is a first DWI in Suffolk County a felony?
Usually not. A first DWI is a misdemeanor. It becomes a felony if you have a prior DWI conviction within 10 years or if a child 15 or younger was in the car (Leandra’s Law).
Will I lose my license at arraignment?
If your chemical test showed 0.08% or higher, or you refused the test, the judge will generally suspend your license at arraignment. You may be able to get a hardship license right away, or a conditional license later. Preparing for arraignment is where a lawyer helps most in the first days.
What’s the difference between DWI and DWAI?
DWI means a BAC of 0.08% or higher, or being intoxicated. It’s a criminal misdemeanor. DWAI (alcohol) means your ability to drive was impaired to any extent, usually with a BAC over 0.05%. A first DWAI is a traffic infraction, not a crime. Getting a DWI reduced to DWAI is a common goal in these cases.
I refused the breathalyzer. Can they still convict me of DWI?
Yes. Prosecutors can use the officer’s observations and the refusal itself as evidence. The refusal also triggers a separate DMV hearing that can revoke your license for at least a year, so both proceedings need a defense.
Can a DWI be reduced in Suffolk County?
It depends on your BAC, prior record, whether there was an accident, and weaknesses in the evidence. In our Suffolk cases, a reduction to DWAI usually comes with conditions, such as a period of interim probation or TASC supervision, community service, an ignition interlock, or completing alcohol treatment. Starting treatment early and documenting it is often what moves the offer.
How much does a Suffolk County DWI lawyer cost?
It depends on the charge and whether the case goes to hearings or trial. Hochhauser Criminal & DWI Defense, PLLC charges a flat fee, quoted after your free consultation. See our guide to what a DWI lawyer costs in New York.
Charged with DWI in Suffolk County?
Talk to a former DWI prosecutor before your next court date. Free consultation, 24/7.
Our Offices
Garden City Office
1225 Franklin Ave #325
Garden City, NY 11530
Phone: (516) 939-1529
Appointments Only
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During what was one of the scariest times of my life, he gave me all of the knowledge and support possible to help me get through it. Not only did I end up getting a great outcome for my case, but Richard helped make it a very smooth process and was always there when I had...
Mr. Hochausser worked hard on my behalf.. so hard that he achieved what seemed impossible. He always communicated with me honestly and earnestly, which is rare in any profession these days. He was prepared and forthright every step of the way. I hope to never need his services...
Best Criminal Attorney in New York. Richard explains each detail slowly and carefully so it’s easily understood. He handles each case as if it’s the most important. Highly recommend!
Best DWI lawyer in New York!
Mr. Hochhauser was incredible. I was consulted immediately after the first call. Richard was easy to keep in touch with and would answer all of my emails, phone calls, and even texts regarding my concerns. Guided me through the whole process, made sure I understood everything...
Richard explained the matters of my case thoroughly and was professional and effective in dealing with the charges I was facing, ultimately getting the docket dismissed in its entirety. I would highly recommend procuring his services.
Was in a bad spot but Richard Hochhauser got me great results on my DWI case in Nassau County. Highly Recommend!!!
Can't thank Richard enough. He went aobve and beyond for me. Never had any issues with the law before and he made sure I had no record. Great Criminal Attorney!!!
Was never really in trouble before. And just googled best criminal attorney near me. Feel so lucky that Richard was the one I called. He really fought for me was very knowledgeable. Highly recommend!!
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