Former Prosecutor
Affordable DWI/DUI Representation
Keep a Clean Record
Avoid Jail and Higher Fines
There are about 40,000 arrests in New York for DWI/DUI related offenses every year. This number has remained relatively consistent over the last decade. There has been a slight decrease in arrests over the last couple of years, likely due to public awareness of how tough New York is on DWI/DUI offenses.
New York is one of the toughest on the enforcement of DWI/DUI offenses and the trend throughout New York State has been a push for additional violations and harsher penalties for DWI/DUI arrests. Law enforcement agencies have increased their vigilance in detection and arrest of individuals for drunk driving offenses. District Attorney’s offices throughout the state have become stricter in their prosecution of drunk driving offenses, with a reduced willingness to plea bargain and seeking firm penalties. These 
increases in the number of ways in which individuals can run afoul of DWI/DUI laws, the increased enforcement and prosecution of such offenses and tougher penalties all highlight the reasons that you should not go to Court alone on these cases.
Scott Russell is a former Assistant District Attorney for Sullivan County and is now in private practice serving the Hudson Valley and Catskills. Having the perspectives of a former prosecutor and a private attorney Scott knows what goes in to building a case from both sides and will go over all of the details of your case in depth with you. This includes
- First and foremost getting your side of the story
- A thorough analyzation of the accusatory instrument
- Determining what issues exist – was this a valid stop, are there issues with a search and seizure or issues with a statement you gave to the police
- If there was a refusal did the police properly advise you regarding your right to refuse – their failure to do so can help provide you with a defense
- What type of test was administered, breath or blood, and was the proper protocol followed
The Law Office of Scott Russell provides every client with the attention that they deserve because this is a difficult time and you have questions that need to be answered. We’ll go over every detail of your case to do everything to have it dismissed or reduced.
Below is a list of offenses and their related penalties:
| Violation | Mandatory Fine | Maximum Jail Term | Mandatory Driver License Action |
|---|---|---|---|
| Aggravated Driving While Intoxicated (AGG DWI) | $1,000 - $2,500 | 1 year | Revoked for at least one year |
| Second AGG DWI in 10 years (E felony) | $1,000 - $5,000 | 4 years | Revoked for at least 18 months |
| Third AGG DWI in 10 years (D felony) | $2,000 - $10,000 | 7 years | Revoked for at least 18 months |
| Driving While Intoxicated (DWI) or Driving While Impaired by a Drug (DWAI-Drug) | $500 - $1,000 | 1 year | DWI - Revoked for at least six months DWAI-Drugs -Suspended for at least six months |
| Second DWI or DWAI-Drug violation in 10 years (E felony) | $1,000 - $5,000 | 4 years | Revoked for at least one year |
| Third DWI or DWAI-Drug violation in 10 years (D felony) | $2,000 - $10,000 | 7 years | Revoked for at least one year |
| Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination) | $500 - $1,000 | 1 year | Revoked for at least six months |
| Second DWAI-Combination in 10 years (E felony) | $1,000 - $5,000 | 4 years | Revoked for at least one year |
| Third DWAI-Combination in 10 years (D felony) | $2,000 - $10,000 | 7 years | Revoked for at least one year |
| Driving While Ability Impaired by Alcohol (DWAI) | $300 - $500 | 15 days | Suspended for 90 days |
| Second DWAI violation in 5 years | $500 - $750 | 30 days | Revoked for at least six months |
| Third or subsequent DWAI within 10 years (Misdemeanor) | $750 - $1,500 | 180 days | Revoked for at least six months |
| Zero Tolerance Law | $125 civil penalty and $100 re-application fee | None | Revoked for one year or until age 21 |
| Second Zero Tolerance Law | $125 civil penalty and $100 re-application fee | None | Revoked for one year or until age 21 |
| Chemical Test Refusal | $500 civil penalty ($550 for commercial drivers) | None | Revoked for at least one year, 18 months for commercial drivers. |
| Chemical Test Refusal within five years of a previous DWI-related charge/Chemical Test Refusal | $750 civil penalty | None | Revoked for at least 18 months, one-year or until age 21 for drivers under age 21, permanent CDL revocation for commercial drivers. |
| Chemical Test Refusal - Zero Tolerance Law | $300 civil penalty and $100 re-application fee | None | Revoke for at least one year. |
| Chemical Test Refusal - Second or subsequent Zero Tolerance Law | $750 civil penalty and $100 re-application fee | None | Revoked for at least one year. |
| Driving Under the Influence (Out-of-State) | N/A | N/A | Revoked for at least 90 days. If less than 21 years of age, revoked at least one year. |
| Driving Under the Influence (Out-of State) with any previous alcohol-drug violation | N/A | N/A | Revoked for at least 90 days (longer term with certain prior offenses). If less than 21 years of age, revoked at least one year or until age 21 (longest term). |