Brooklyn DWI Lawyer: Defending Drivers in Kings County Criminal Court
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A DWI arrest in Brooklyn can turn an ordinary night into a lot of uncertainty. You may be worried about your license, your job, and what happens at your first court date. Attorney Lowell J. Sidney served as an Assistant District Attorney in Kings County from 2008 to 2012 and has run his own defense practice since 2012. He knows how Brooklyn DWI cases are charged and prosecuted, and he uses that knowledge to look closely at the evidence in your case.
What Happens After a DWI Arrest in Kings County
After a DWI arrest in Brooklyn, police usually take you to a precinct for processing. This often includes a request for a chemical test (usually a breath test) and may include questions or video recording. You are typically held until arraignment, your first appearance before a judge.
Under New York Vehicle and Traffic Law § 1192, the charges can include:
- Driving While Ability Impaired (DWAI), by alcohol, drugs, or a combination
- Driving While Intoxicated (DWI), based on intoxication or a blood alcohol concentration of 0.08% or higher
- Aggravated DWI, generally based on a BAC of 0.18% or higher
Prior convictions, an accident, injuries, or a child passenger can increase the charges and the potential consequences.
How DWI Cases Move Through Kings County Criminal Court
Most Brooklyn DWI cases are handled at Kings County Criminal Court, 120 Schermerhorn Street, Brooklyn, NY 11201. A case generally moves through these stages:
1. Arraignment. You hear the charges, a lawyer enters a plea for you, and the judge addresses release and, in many cases, your driver's license.
2. Discovery. The prosecution must turn over evidence such as police reports, breath test records, calibration and maintenance logs, and video.
3. Motions and hearings. Your lawyer can challenge the legality of the stop, the arrest, the chemical test, and any statements you made.
4. Negotiation or trial. Depending on the evidence, the case may be resolved by negotiation, dismissed, or taken to trial.
Felony DWI cases, such as those involving certain prior convictions, may move on to Kings County Supreme Court.
How a Former Kings County ADA Looks at Your Evidence
As a Kings County prosecutor, Attorney Sidney saw how DWI cases are put together from the inside. He knows what prosecutors look for and where a case can be weak. When he reviews your case, he looks at questions such as:
- Did the officer have a lawful reason to stop your car?
- Were field sobriety tests given and scored properly?
- Was the breath test device maintained and calibrated, and was the test given correctly?
- Were your rights respected during questioning and testing?
- Does the video match the police paperwork?
Every case is different, and no lawyer can promise an outcome. A careful review of the evidence helps you understand your options and make informed decisions.
Brooklyn DWI FAQs
What happens at a DWI arraignment in Brooklyn?
At arraignment in Kings County Criminal Court, you are formally told of the charges, a plea of not guilty is usually entered, and the judge decides on release conditions. If a chemical test showed a BAC of 0.08% or higher, the court will often suspend your license while the case is pending. Having a lawyer at arraignment helps protect your rights from the start.
Will I lose my driver's license after a DWI arrest?
You may. New York courts can suspend your license at arraignment while the case is pending, and refusing a chemical test can lead to a separate DMV refusal hearing and revocation. In some situations, you may be able to ask for a hardship privilege or a conditional license. A lawyer can explain which rules apply to you.
What is the difference between DWI and DWAI?
DWAI by alcohol (VTL § 1192(1)) is generally a traffic infraction, not a crime, though it still carries fines and license consequences. DWI (VTL § 1192(2) and (3)) is a criminal charge, usually a misdemeanor for a first offense. In some cases, a DWI charge may be resolved as a DWAI, depending on the facts and evidence.
Should I talk to the police after a DWI arrest?
You have the right to remain silent and the right to a lawyer. You can politely decline to answer questions about where you were or what you drank. Anything you say can be used as evidence. Be respectful, identify yourself, and ask to speak with a lawyer.
How soon should I call a lawyer after a DWI arrest?
As soon as possible, ideally before arraignment. Early decisions about your license, your release, and preserving evidence such as video can affect your case. Calling early also gives your lawyer more time to request records and review the stop.
Talk to a Former Kings County Prosecutor About Your DWI Case
If you or a loved one was arrested for DWI in Brooklyn, call the Law Offices of Lowell J. Sidney at (718) 395-2067 for a free case evaluation. Attorney Sidney will listen to what happened, explain the process at Kings County Criminal Court, and go over your options.
Arrested for DWI in Brooklyn? Call (718) 395-2067 today for your free case evaluation with a former Kings County Assistant District Attorney.
Attorney Advertising. Law Offices of Lowell J. Sidney, 244 5th Ave, Ste Q278, New York, NY 10001. (718) 395-2067. This page provides general information, not legal advice. Contacting the firm does not create an attorney-client relationship. Every case is different, and no particular outcome is guaranteed.