DWI lawyer Malverne

A DWI charge arising in Malverne is a criminal matter under NY VTL 1192, not a traffic ticket. A first offense is a misdemeanor, and a prior conviction within ten years can make a subsequent charge a felony. Cases from Malverne are heard in the applicable Nassau County court for the place where the charge arose. Law Offices Of SRIS, P.C. handles New York impaired driving matters. Call (888) 437-7747.

What the Charge Involves

The subdivisions matter. Subdivision (2) is the per se offense, resting on a blood alcohol concentration of 0.08 or more for a non-commercial driver. Subdivision (3) is common-law intoxication, which requires no reading at all and rests on observation. Subdivision (1) addresses impairment by alcohol, and subdivisions (4) and (4-a) address drugs and combined alcohol and drugs. A charging instrument commonly alleges several at once.

Which Court Hears Your Case

Venue follows where the charge arose, so a Malverne matter is heard in the applicable Nassau County court for the place where the charge arose regardless of where the driver lives or is licensed. For a driver from outside the area, that can mean appearing at a court some distance away, and whether appearance is required depends on the charge and the practice of the court.

What to Do Before Your Court Date

Obtain your driving abstract so you know what the court and the prosecutor will see. Request discovery early, because chemical testing records and the officer’s reports take time to produce and to review, and they are what a defence is built from. Attend to the Department of Motor Vehicles proceeding as well as the court case; its deadlines run independently. If you are licensed outside New York, say so at the outset.

Frequently Asked Questions

Is a New York DWI a crime?

Yes. Under NY VTL 1192 a first offense is a misdemeanor, and a prior conviction within ten years can make a subsequent charge a felony. New York treats impaired driving as criminal, unlike New Jersey where it is a motor vehicle violation.

What happens if I refused the test?

A refusal triggers a separate administrative proceeding at the Department of Motor Vehicles, with its own hearing and its own standard, independent of the criminal case. Both proceed, and an outcome in one does not decide the other.

I am licensed in another state. What happens to my licence?

New York reports the disposition to the licensing state, and what follows is determined by that state’s rules rather than by New York law. Raise it early, because it can affect which resolution is preferable.

About Mr. Sris

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997 and is a former prosecutor. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background at George Mason University in accounting and information systems applies to the technical side of a chemical testing case. Mr. Sris and the firm’s Of Counsel attorneys handle New York matters together.

Related pages

• New York DWI defense
• Long Island traffic and DWI defense
• New York traffic and licence matters
• New York DWI lawyer

Speak With Mr. Sris

Request a consultation. Reach our location at (888) 437-7747. Bring the tickets, your court date and the name of the court, and your driving abstract if you have one.

Last updated: August 25, 2026

This page provides general information about New York traffic and vehicle law and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

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