A Driving While Intoxicated (DWI/DUI) charge, unlike most other crimes, not only subjects you to criminal sanctions, but will also have serious ramifications on your driving privileges as early as the first Court appearance.

The laws of the State of New York allow for the prompt and immediate suspension of your driving privileges based solely upon an alleged blood alcohol level (.08 or greater), as well as the immediate suspension of your driving privileges for refusing to submit to a chemical test to determine your blood alcohol concentration.

If you or someone you care about is charged with Driving While Intoxicated or any other Criminal matter, please contact Mr. Berkowitz at Please Call 800-KICK DUI or Berklaw@optonline.net to discuss your case and the options available to you.

As a former prosecutor, Brian Berkowitz was appointed by the District Attorney of Rockland County as the Senior Assistant District Attorney in charge of the Driving While Intoxicated Bureau.

While working in this supervisory role, he was responsible for the training of prosecutors and the review and assessment of every Driving While Intoxicated case brought before the District Attorney’s Office, as well as personally handling the most serious misdemeanor and felony Driving While Intoxicated cases from inception to trial.

As a Criminal Defense Attorney, Mr. Berkowitz has utilized his insight and vast background and experience on both sides of the criminal justice system to diligently defend those charged with Driving While Intoxicated and all other Criminal matters before the Courts of Rockland County and the State of New York.

Frequently Asked Questions

Presented by the Rockland County DWI Attorney

What should I do if I am stopped by a police officer for a DWI?

You should hand over your driver's license, registration, proof of insurance and do not give the officer any further information. You shouldn't answer questions about where you've been or what drinks you've had nor should you consent to a search of your vehicle. If you are being arrested, merely remain silent and ask to speak to an attorney. You have the right to consult with me as Rockland County DWI lawyer before deciding on whether to take or refuse a chemical test. It is important that you get the advice of an attorney about this because taking or refusing the test can play an important role in your case.

What is the difference between a DWI, DUI, and DWAI?

In New York, DWI means driving while intoxicated, which can either be driving with a blood alcohol content (BAC) of 0.08 or higher or having your ability to drive impaired by your consumption of alcohol based on the testimony and observations of the arresting officer. DUI is a general term in this country that stands for driving under the influence of alcohol or drugs. DWAI stands for driving while ability impaired, which can be charged if your BAC is between greater than 0.05, but less than 0.08.

How will I be charged in a DWI?

A first DWI is generally charged as a misdemeanor. A second DWI is generally charged as a felony. If you are convicted of a first or second DWAI, they count as a violation, which means you will not have a criminal conviction on your record. A third DWAI will be charged as a misdemeanor.

What is an Aggravated DWI?

An Aggravated DWI is charged when the blood-alcohol content is 0.18 or higher. An Aggravated DWI carries more severe penalties, with increased fines and harsher licensing consequences.

Why do I need a DWI attorney?

DWI law is a complicated area and the laws are constantly changing. It is also a very technical and scientific field involving chemical tests and the knowledge of police equipment and procedures. An experienced DWI attorney can investigate your case to find evidence that can be used to your benefit and to determine if any of your rights were violated during the arrest procedure. In view of the severe penalties you may be facing, having an attorney in your corner as early as possible can go a long way towards minimizing the resulting consequences.

What is an ignition interlock device?

An ignition interlock is a device connected to a motor vehicle ignition system and prevents a motor vehicle from being started without first determining, through a breath test, that the driver's blood alcohol level does not exceed a specific level. Any driver convicted of an alcohol related misdemeanor or felony will be ordered by the court to install this device in any car owned or operated by a person convicted of a qualifying offense.

For further information about DWI in Rockland County, contact the Rockland County DWI Attorney at the firm today.

Rockland County DWI Attorney

Many ways exist to defend a DWI case in Rockland County, New York. If you have been arrested and charged with a DWI, you don't have to give up and plead guilty without a fight. You have a legal right to your day in court and, with the help of an experienced and organized DWI attorney, you may be able to avoid a conviction, get the charges and penalties reduced, and create less of a negative impact on your life. I urge you to contact me as a Rockland County DWI lawyer who focuses his practice primarily on DWI defense and who has extensive experience as a former prosecutor handling DWI cases in this county. I know how the prosecution approaches and builds DWI cases and can use this inside knowledge to help defend you. DWI cases are often very technical in nature and it is important that you place your case in the hands of an attorney like myself who has familiarity with the science and the ever-changing DWI laws.

Some of the issues that I will investigate in building your defense are the initial stop of your vehicle, as in why were you stopped by law enforcement in the first place. Was there a reasonable justification for the stop? What kind of field sobriety tests were administered and were they administered properly? Field sobriety tests are known to be unreliable indicators of intoxication through many studies. Furthermore, the accuracy of a breath test can be challenged based on when the breath test was given and the maintenance and accuracy of the equipment used. Blood tests can also be shown to be inaccurately administered when proper protocol is not followed. Independent witnesses to the incident may also provide evidence in your favor. Improper procedure on the part of the arresting officer, such as failing to give Miranda warnings and other improper procedure may arise as possible defense factors. Medical and other physical conditions can also affect the results of field sobriety tests and possibly breath tests.

As your Rockland County DWI attorney, I will investigate every aspect of your DWI arrest to find weaknesses in the case, which can be used in your defense. Because I am so familiar with this field, I know what to look for and how to challenge DWI cases of all kinds.

DWI Penalties

Rockland County DWI Lawyer

Charges connected with drunk driving or driving while impaired by drugs can result in harsh penalties, depending on the nature of your offense, your age, and any prior convictions. If you are facing potential punishment for a DWI or DWAI (driving while ability impaired) in Rockland County, New York, it is in your best interests to contact me, a Rockland County DWI attorney, who can provide a thorough and effective defense. Because of my extensive experience with DWI cases, I have the knowhow and skills that can be used to help you attain the best possible case result in any DWI situation.

A first DWI misdemeanor offense is punishable by fines of $500.00 to $1,000.00, a maximum jail term of 1 year, installation of an ignition interlock device and a 6-month license revocation.

A second DWI offense in 10 years will be charged as a felony, punishable by fines of $1,000.00 to $5,000.00, installation of an ignition interlock device, up to 4 years in prison with a minimum of 5 days jail or 30 days community service if within 5 years of your first offense, and a minimum license revocation of 1 year.

A third DWI felony offense in 10 years carries penalties of fines between $2,000.00 and $10,000.00, installation of an ignition interlock device, up to 7 years in prison with a minimum of 10 days in jail or 60 days of community service if within 5 years of your prior offense, and a 1-year license revocation.

A first DWAI carries penalties of fines between $300.00 and $500.00, up to 15 days in jail, and a 90-day license suspension. A second DWAI in 5 years is punishable by fines of $500.00 to $750.00, up to 30 days in jail, and a minimum license suspension of 6 months.

Additionally, surcharges will be added to these offenses, such as mandatory conviction surcharges or crime victims' assistance fees. Other penalties, which may be applied at the discretion of the court are probation, community service, alcohol evaluation, and alcohol treatment programs.

In any criminal matter, it is important that you have a reliable and skilled attorney at your side as early as possible. That is what I recommend as a Rockland County DWI lawyer. By contacting me for a consultation as soon as possible, you will be taking a proactive step in your defense.

Multiple DWIs

Rockland County DWI Lawyer

Have you been arrested for drunk driving in Rockland County within 10 years of a previous conviction? The penalties in New York are severe for a first DWI. If you have been arrested for a second or third DWI, you will be facing felony charges. In this situation, it is extremely important that you have a reliable attorney in your corner as soon as possible. The sooner you contact me as a Rockland County DWI attorney, the more effective I can be in handling your case. I can begin investigating the evidence against you, including the initial stop by police, the administration of field sobriety tests, chemical testing, and other important information needed to create an effective defense plan. I can also negotiate with prosecutors on your behalf in an effort to get charges against you reduced or penalties minimized.

Consequences of Multiple DWI in Rockland County

If you are arrested for a second DWI within 10 years of a prior DWI conviction, you will be charged with a Class E felony, the punishment for this charge may include fines between $1000.00 and $5000.00, mandatory State surcharges, up to 4 years in prison, five years of probation, the installation of an ignition interlock device and a minimum 1-year license revocation. If the prior DWI conviction was within five years, the sentence must include five days in jail or thirty days of community service.

A third DWI arrest within 10 years will result in a Class D felony, the punishment for this charge may include fines between $2000.00 and $10,000.00, mandatory State surcharges, up to 7 years in prison, five years of probation, the installation of an ignition interlock device and a 1-year revocation of your license. If the prior two DWI convictions were within five years, the sentence must include ten days in jail or sixty days of community service. Second and third offenses of Aggravated DWI will result in the same penalties except that the minimum license revocation is extended for 18 months.

Being arrested for a second or third DWI is a serious matter. I urge you to consult me as an experienced Rockland County DWI lawyer who knows the system and knows how to defend you against felony charges.

Rockland County DWI Lawyer

If you are stopped by law enforcement in Rockland County, New York, on suspicion of drunk driving or driving while impaired by drugs, you may be asked to submit to field sobriety tests. These tests depend on the observations and subjective opinion of the police officer that stopped you. This means they can be challenged in a court of law. If you want to fight the charges in any DWI case, avoid a conviction, or get assistance with minimizing the possible penalties you face, you should contact me as a Rockland County DWI attorney. I have extensive experience in this field of law, which can be utilized in the defense of your case.

Field sobriety tests are one of the ways law enforcement checks your level of intoxication or impairment. They are done to help the police officer decide whether or not to arrest you for a DWI. Examples of field sobriety tests include the one-leg stand, walk and turn, and horizontal and vertical gaze nystagmus tests, which involves following an object up and down and back and forth with your eyes. The police officer will also be looking for visible signs of intoxication during these tests, such as bloodshot, reddish or watery eyes, flushed skin, slurred speech, stumbling, difficulty in understanding and responding to questions, the smell of alcohol on your breath or clothes, and the inability to adequately perform the tests. The police officer performing these tests must be trained to administer them and do them according to standardized procedures. If he or she does not perform them properly, they can be challenged in court and possibly thrown out as inadmissible.

Field sobriety tests used to implicate drivers for DWI are controversial. Many studies show the inaccuracy of field sobriety tests in general. It has been shown that these tests generally test coordination as opposed to intoxication or drug-impairment. Coordination can be affected by many factors, including one's age, physical condition, medical conditions, fatigue, and more.

As a Rockland County DWI lawyer, I can investigate your DWI case, in the area of field sobriety tests and all other aspects, to create a comprehensive defense strategy on your behalf.

Contact the Rockland County DWI Attorney at the firm today in any DWI case in Rockland County.

Rockland County DWI Attorney

If you are stopped by a police officer on suspicion of drunk driving or drug-impaired driving, you may be asked to take a chemical test, consisting of a breath or blood test. Part of being issued a driver's license in New York is your implied consent to submit to a chemical test. During your first Court appearance, known as the arraignment, if your are alleged to have refused to submit to a chemical test, you will be directed to appear at a chemical test refusal hearing at the New York State DMV. As a Rockland County DWI lawyer, I can represent you at the Refusal Hearing as well as in any criminal court proceeding.

The chemical test refusal hearing is an administrative hearing before a DMV administrative judge to address the issue of whether or not you actually refused to take the chemical test. This hearing will take place within 15 days of your arraignment and is a separate proceeding apart from any criminal charges you may face. During the time in which you are waiting for this hearing, you will not be able to drive. Your driver's license will be confiscated by the Court at the arraignment and you will not be eligible for a conditional license or hardship license.

At the DMV Refusal Hearing, the administrative judge will decide if you are guilty of refusing a breath or blood test. It is in your best interests to have a skilled and experienced attorney representing you to protect your rights. The arresting officer will present his evidence to the judge as to your refusal. Your attorney can cross-examine the officer about your alleged refusal and other circumstances surrounding the arrest. All of this can be helpful evidence if you wish to fight the charges in criminal court. If you are found guilty of refusing to take the test, however, your license will be revoked by the DMV for one year and you will be subjected to a civil penalty of $500.00. Repeat offenses of refusing a chemical test will result in stiffer penalties.

In any DWI or DWAI case in Rockland County, if you wish to avoid a conviction or minimize the negative consequences of one, it is essential that you contact me as a Rockland County DWI attorney. I will work tenaciously to help you secure the most positive outcome available to you.

Contact the Rockland County DWI Lawyer at the firm today if you need assistance with a DWI Hearing in Rockland County.

Rockland County DWI Attorney

If you are under the age of 21 and have been arrested on a DWI in Rockland County, New York, you have the right to fight your charges in court. If you are the parent of a minor facing these charges, you are probably aware of the impact a DWI conviction may have on the life of your son or daughter. As a Rockland County DWI lawyer, I have extensive experience in handling DWI cases of all kinds and devote the majority of my law practice to defending clients charged with DWI. If you retain my services, I can give you the benefit of my experience and concentration on this very technical and scientific field. I will work hard to help your son or daughter secure the most optimum case result possible given the particular set of circumstances surrounding the case.

New York's Zero Tolerance Law

New York has a zero tolerance law, which makes it illegal for a driver under the age of 21 to consume alcohol. If your blood alcohol content through chemical testing shows up as .02 to .07, you will be ordered to appear at a DMV hearing. If the judge finds that evidence supports the charge against you, your license will be suspended for 6 months and you will be required to pay a $125.00 civil penalty along with a $100.00 suspension termination fee. Additional offenses will result in your license being revoked for 1 year or until you reach the age of 21, whichever is longer, along with a $125 civil penalty fee and $100 re-application fee to get your licenses reinstated.

If your blood alcohol content is greater than .05, you can be charged with a DWAI, DWI or Aggravated DWI for which you may be prosecuted in criminal court. A blood alcohol content of .08 or higher carries possible penalties including mandatory court appearances, heavy fines, possible jail time, possible probation, license revocation and the installation of an ignition interlock device.

If you have had your license revoked, I can help you seek a conditional license, which allows you to drive to work or school. A conditional license may be issued for certain restrictive uses if you participate in the New York Drinking Driver Program. In all underage drinking cases, I will work vigorously on your behalf as a Rockland County DWI attorney to minimize the impact that a DWI conviction will have on your life.

Contact the Rockland County DWI Lawyer at the firm today if you are facing charges of underage DWI in Rockland County.