DWI/DUI Defense

NYC DUI Defense Lawyer

Arrested for Drunk Driving? We Can Help You Fight Back.

At H. Benjamin Perez & Associates, P.C., we know the various defense strategies that work in defending against misdemeanor and felony DWI charges. The first step is to connect with us so we can review the facts in your case. If you believe that because you blew .08% or higher, there is no hope for your case, this is not accurate. A DWI charge can be based upon faulty evidence, errors by police, rights violations or other errors that could allow your case to be dismissed, or the charges reduced.

Contact our NYC DWI lawyer today to learn more about how we can defend you. 

The Advantage of Choosing Our DUI Defense Attorneys

If the case goes to trial, our professional NYC DWI attorney will craft a case that has the goal of establishing a high degree of reasonable doubt that you were under the influence while operating your vehicle. Our law firm is recognized as an aggressive team that gets results. With a 10.0 Superb rating from Avvo, as well as earning the 2012 Avvo Clients Choice Award, you can be confident you have come to the right place for to find an aggressive defender that gets results.

How to Defend Against a DUI or DWI Charge

Our legal team has various strategies that could be employed to allow you to walk away without further consequences.

These are some of the strategies that could be effective, based upon the facts in your case:

  • Challenge breath, blood and urine tests accuracy or reliability;
  • Determine whether the officer had probable cause for the traffic stop;
  • Find out if there are any medical or health problems that impact BAC readings;
  • Determine if blood alcohol absorption could have impacted the BAC reading;
  • Determine if the arrest process was incorrect;
  • Determine if the testing unit has a history of faulty readings.
  • Review lab procedures, chain of custody and other similar issues.

Penalties for DUI/DWI in New York City

The punishments associated with a DWI conviction are not minor. The first offense can carry a fine up to $1000, one year in jail and a 6-month driver's license suspension A second or third offense within 10 years will result in much more significant fines, periods of suspension, and mandatory jail time, and the charges could be filed as a felony if you are labeled a habitual offender.

A conviction for DWI has serious consequences, including:

  • Permanently damaging your criminal record
  • Jail time
  • Heavy fines
  • Community service
  • Hidden costs of increased insurance rates for years into the future

If you have been arrested and charged with DWI, get in touch with H. Benjamin Perez & Associates, P.C. immediately.

What should I do if I am pulled over for suspected DUI?

We all know that being pulled over by an officer for suspected DWI/DUI can be nerve-wracking. However, it is important that you remain focused and keep a few important "do's" and "don'ts" at the forefront of your mind. By taking certain steps and avoiding others, you may be able to avoid an arrest or strengthen your defense in the case that you are arrested. By taking the wrong steps, you may just be giving the officer and prosecutors a more convincing case against you. Here are the "Do's and Don'ts of DUI" provided by our New York City DUI lawyers:


  • Do immediately take out your driver's license, registration and proof of insurance and have these items ready for the officer. By having these things ready, you will not have to search for them in front of the officer, who will be searching for signs of intoxication such as slow movement or clumsiness.
  • Do speak to the officer calmly and respectfully.
  • Do cooperate with the officer's basic commands, such as pulling over to a safer part of the road or stepping out of the vehicle.
  • Do exercise your right to remain silent and say that you want to speak to a lawyer before answering questions pertaining to the alleged DUI offense.
  • Do contact a NYC DUI attorney as soon as possible.


  • Don't admit to drinking alcohol, taking drugs or to feeling intoxicated. If you do, this will open the door for the officer to test you for DUI, and your statement can later be used against you in court.
  • Don't willingly consent to having your vehicle searched. The officer may be able to search your car either way if there is enough probable cause to merit a search; however, you do not want to give permission in situation where a search warrant is actually required.
  • Don't agree to take any field sobriety tests, as these tests are not legally required and they will just add one more piece of evidence that can be used against you.
  • Don't refuse to take a chemical test (a breath, blood, urine or saliva test) after arrest unless you are willing to be penalized for doing so.
  • Don't resist arrest, as this can lead to additional charges.

Don't waste any time after you arrested for suspected DUI— contact our firm to speak with a New York City DUI attorney right away!

Searching for a Lawyer for a DUI in NYC?

We don't take a DUI or DWI charge lightly, and we don't think you need someone in court with you to hold your hand while you plead guilty. We are aggressive criminal defense lawyers who are seeking out a strategy that could allow you to avoid conviction, or reduce the level of charges or penalties.

When you are ready to talk to a real criminal attorney, call us. Our NYC DUI attorney is prepared to fight for you from start to finish, and we are on your side.

Contact our firm today for DUI and DWI defense from a top-rated criminal law firm. Representation in English and Spanish, available 24/7.

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