Arrested for DUI In New York City?

New York DWI Attorney

New York's Foremost Attorney in DWI Defense

The New York DWI lawyers at Barket Epstein Kearon Aldea & LoTurco, LLP have the credentials, experience, and resources to help you fight DWI (driving while intoxicated) charges. When your rights, finances, and driving privileges are on the line, you need to place your trust in a DWI defense attorney who can stand up to any challenge like founding partner Steven Epstein.

Attorney Epstein is widely recognized as one of the top DWI lawyers in the country, with an unparalleled record of success in DWI defense law, having reached favorable conclusions in and out of court for countless clients. For unmatched DWI defense from a legal leader, insist on Attorney Epstein handling your case!

Accolades and accomplishments that make Attorney Steven Epstein uniquely qualified to defend your DWI case in New York include:

He has more than 31 years of experience in DWI defense—more than most other practicing attorneys in New York City and New York State—and only accepts DWI and vehicular homicide defense cases.
He has tried more than 100 DWI cases to verdict through tough courtroom battles.
He has won trials for clients charged with vehicular homicide, aggravated driving while intoxicated, DWI with drug impairment, driving while intoxicated, and more.
He has earnedcertification from the National Highway Traffic Safety Administration for completing (and now teaching) the NHTSA DWI/SFST practitioner course.
He has completed coursework on the use and maintenance of breath-testing devices.
He has been appointed by Governor Hochul to the New York State Commission on Forensic Science, which develops forensic/DWI-testing laboratory accreditation programs for the state.
He is the Head of the Steven Epstein DWI Defense Institute, a three-year DWI defense educational course for DWI lawyers.
He serves on the National Task Force on Trial Advocacy for the National College for DUI Defense.
He is the Northeast Regional Delegate and faculty member of the National College of DUI Defense.
He has been named a New York Metro Area DWI Super Lawyer® each year from 2014 to 2023.
He is the President of the New York State Association of Criminal Defense Lawyers.
He has been called to help defend DWI clients beyond New York, such as in New Hampshire, Vermont, Pennsylvania, and Oklahoma.

The list of Attorney Steven Epstein’s accomplishments in the field of New York DWI defense law is essentially too lengthy to list in any one place. While there might be many lawyers who claim to be among the best in DWI defense, Attorney Epstein is one of the very few who can back that statement up with everything he has done and all the cases he has won for his clients across decades of practice experience. Make him your first choice for representation to make your defense as strong as possible.

For experienced insight and a free initial consultation, call (888) 779-0267 or contact our New York DWI lawyer online.

New York Breathalyzer and Blood Test Requirements

In New York, any driver suspected of impaired driving is required to submit to alcohol and chemical drug testing. Following a DWI arrest, law enforcement officers must measure the arrestee’s blood alcohol content within two hours of either the arrest itself or a positive portable breath test.

Failing to submit to a mandatory breathalyzer or blood test in New York following a DWI arrest can result in:

1st offense: Suspension of license for one year.
2nd offense: Suspension of license for 18 months if the suspect has had a prior refusal or DWI conviction within the previous five years.
3rd offense: Suspension of license for 18 months if the suspect has had a prior refusal or DWI conviction within the previous five years.

Permanent driver’s license revocation is also a potential consequence when a DWI suspect refuses to submit to chemical testing. Given how much harm can be done by refusing a chemical test or based on the results of a chemical test, your DWI defense strategy needs to be prepared to challenge those test results however possible. Attorney Steven Epstein can use his remarkable experience and insight as someone who has completed professional coursework about the use and maintenance of breathalyzers to build your defense. He can also attempt to unravel the chemical test results by applying his impressive knowledge of forensic sciences, which earned him a Governor-appointed spot in the New York State Commission on Forensic Science.

Death by Vehicle Charges in NY

Homicide by vehicle is the most serious vehicular-associated crime. If you accidentally caused the death of another while driving and you were under the influence of drugs or alcohol at the time of the accident, you could face felony vehicular homicide charges that can put you in prison for years. Defend yourself with the talents and strengths of Attorney Steven Epstein, who has successfully won numerous vehicular homicide trials for his clients, and who keeps his focus sharp by only accepting vehicle homicide and DWI defense cases. Unlike most attorneys who try to balance many case types at once, he stays entirely committed to these case types only, so he’s never distracted. Your situation might feel heavy now but know that Attorney Epstein and our team can ease that burden together.

Defending Against DUI Charges in New York

A DUI conviction in New York can have serious consequences, including fines, a criminal record, and even jail time. However, if you are facing a DUI charge in New York, there are a number of ways that a New York criminal defense attorney can defend you. Therefore, if you have been arrested and charged with a DUI in New York, it is imperative that you contact an experienced New York criminal defense attorney as soon as possible. A criminal defense attorney will assess the facts of your case and determine the most effective defense or defenses to assert in court.

Here are several common defenses against DUI charges:

There was no probable cause for the arrest – If it appears that the officer who arrested you lacked probable cause to do so, this can be used to fight your case. Without probable cause for your arrest, any subsequent blood or breath tests must be excluded from evidence.
Field sobriety tests aren’t reliable – Field sobriety tests are known to be unreliable. Therefore, if you were arrested based on your failure to successfully perform a field sobriety test, your lawyer can assert this fact in your defense. Reasons besides intoxication that can lead to poor results on field sobriety tests include:
- Uneven or slippery terrain
- Bad weather
- Distraction
- Poor lighting
- Anxiety

If you can challenge the results of an FST, you might be able to tip the prosecution’s entire case against you out of balance. Luckily for our clients at Barket Epstein Kearon Aldea & LoTurco, LLP in New York, Attorney Steven Stein has been certified through the National Highway Traffic Safety Administration for completing (and now teaching) the NHTSA DWI/SFST practitioner course. This specialized course teaches the finest details of standardized field sobriety testing (SFST), how they are conducted, how results are interpreted, and so on. With his unique insight earned through this certification, Attorney Epstein is uniquely positioned to protect the rights of our DWI clients who took field sobriety tests and were subsequently arrested and charged with a DWI.

The behavior that led to the arrest wasn’t caused by drug or alcohol use – There are many reasons besides alcohol or drug use that may cause an individual to drive erratically, and when any of these reasons can be proven by a New York criminal defense attorney, the DUI charge will be thrown out. Common reasons include:
- Fatigue
- Confusion
- Allergies
- Medical problems
- Distraction
- Poor road conditions
A medical condition caused a false breathalyzer reading – Some medical conditions can cause inaccurate readings on breathalyzer machines, including:
- Acid reflux
- Gastroesophageal reflux disease
- Heartburn

Often, these conditions lead to the appearance of heightened blood alcohol content. Evidence that an individual arrested for DUI suffers from one of these conditions can be used by an experienced New York criminal defense attorney to demonstrate that he or she wasn’t under the influence of drugs or alcohol at the time of arrest.

200+ Years On Your Side With Our NYC DWI Lawyers

Our DWI defense team at Barket Epstein is led by the highly experienced and nationally recognized Attorney Steven Epstein. With an unparalleled background in DWI defense and specialist certifications in related fields and sciences, Attorney Epstein is ready to tackle the most complex DWI cases, including those that are headed for fierce trials. Put more than 200 years of collective experience in your corner by choosing our law firm today, and rest assured that your case is in the best hands.

Contact our NYC DWI attorneys at (888) 779-0267 for your free case evaluation.

What SEts Barket Epstein Apart?

A Remarkable Combination of
Knowledge & Experience

A Nationwide Influence
Barket Epstein's attorneys are regularly featured in the media to discuss their recent cases or offer insight on current events.
Over Two Centuries of Combined Experience
Barket Epstein has 13 attorneys who collectively bring over 200 years of experience to each case. Our team is comprised of former judges, former prosecutors, professors and true thought leaders in our fields.
A Comprehensive Team Approach
Given the experience and knowledge we have amongst the attorneys at our firm, we utilize a team approach. Each client benefits from the expertise of several attorneys, not just the one assigned to their case.
Thousands of Cases Handled
Our Criminal Defense team has represented over 1,000 clients with charges ranging from DWI to homicide.
Three Convenient Office Locations
Our firm offers clients three convenient locations in Garden City, Manhattan, and Huntington.