Reduced to DWAI after a recent conviction
A recent DWAI conviction was already on the client's record when the new DWI charge came. We negotiated a plea to a reduced DWAI charge, and no jail time was required.
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Available 24/7 and Obligation Free
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A DWI arrest puts your license and a criminal charge before a judge at the same first appearance. Our Kingston DWI lawyers get ready for that date, whether it is in Kingston City Court on Garraghan Drive or a town court elsewhere in Ulster County.
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Talk To The DWI Team — 24/7(845) 933-7116Serving Kingston, Saugerties, New Paltz, Woodstock, Ellenville and every other Ulster County town, along with the rest of the mid-Hudson Valley.
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Our office at 155 Stockade Drive sits in the same city as Kingston City Court, Ulster County Court and the District Attorney's office. Each file starts with the arrest paperwork, any video and the breath test printout, checked for the step someone skipped.
*Prior results do not guarantee a similar outcome.
A hardship privilege needs more proof than your own word, like a letter from your employer. We collect it before your first appearance, so the request is ready when the judge suspends your license.
Ulster County assistant DAs weigh what we show them about the stop and the test. When that proof is weak, we ask for DWAI, which is a traffic infraction and carries no criminal conviction.
When an officer had no lawful reason to pull you over, or the breath test was given outside the required procedure, we move to have the evidence that followed thrown out.
Kingston City Court shares a building with the Kingston Police on Garraghan Drive, Ulster County Court sits at 285 Wall Street, and more than twenty town and village justice courts handle the rest of the county. We prepare for the one named on your ticket.
A first DWI is a misdemeanor in New York, and a conviction shows up for years on background checks, job applications and insurance renewals. A DWI charged inside the city limits is heard at Kingston City Court, and one charged in Saugerties, Esopus or New Paltz goes to that town's justice court.
DWI is the only charge our Kingston, NY attorneys defend, with more than 30 years of DWI defense experience between them. Attorney Dennis J. Nave and Sean Kelsey, Nave Law Firm's Chief Executive Officer, started the DWI Team in 2018 as the firm's DWI practice, and it has grown from Syracuse to offices across the state, Kingston among them. Here we work with the breath test records kept by the State Police barracks in Kingston, Highland and Ellenville, the Ulster County Sheriff's Office and Kingston Police.
The arrest opened your file, and everything in it still has to hold up.
We have represented thousands of people charged with DWI across New York, and every Kingston file gets the full review: why you were stopped, how the test was given, what the instrument records show and whether the paperwork matches.

"We will be there for you during, and after, your arrest."
Your case began the moment the officer pulled you over. The ticket names your court and the date of your first appearance, and on that date the judge can suspend your license.
Before You Talk To Anyone
Anything you said at the roadside or at the station may already be written down. Save the rest of the story for your lawyer, and keep it off social media and out of conversations at work.
With a test result of .08 or more, state law has the judge suspend your license at arraignment. A hardship privilege can still cover driving to work, to medical treatment, or to classes if you are enrolled in college, and we ask for it at that same appearance.
If you drive the Thruway, Route 9W or Route 28 to work, a suspension at arraignment can cut off the commute right away. Nurses, teachers and commercial drivers may also have to report a DWI to a licensing board, so our plan starts with what a conviction would mean for your career.
The Ulster County District Attorney's Office, based at 15 Joys Lane in Kingston, handles every DWI in the county. Part-time assistant DAs cover the town and village courts, and the county's STOP-DWI program pays for an assistant DA position, so we prepare for the prosecutor who actually covers your court.
Before your first appearance in an Ulster County court, these steps keep your evidence intact and your options open.
Your ticket says DWI, even if you searched for a DUI lawyer in Ulster County. Each charge below is defined in New York Vehicle and Traffic Law section 1192. In Ulster County, the District Attorney's Office brings every one of them.
A reading of .08 or more, and a misdemeanor the first time. VTL 1193 sets fines of $500 to $1,000, as much as a year in jail, at least six months of revocation and an ignition interlock in any vehicle you own or operate. Standard DWI offenses →
Charged at .18 and above. The fine range climbs to $1,000 through $2,500, and the license is gone for a year or longer. With a child under sixteen in the car, Leandra's Law makes the charge a felony. Aggravated DWI →
A traffic infraction with a fine of $300 to $500 and up to fifteen days in jail, and it leaves you without a criminal conviction. Getting a Kingston DWI reduced to DWAI is often the goal of our negotiations. DWAI →
A refusal is decided at a separate DMV hearing, held under VTL 1194, which asks whether the officer had grounds, whether the arrest was lawful, whether the warning was clear and whether you refused. An adverse finding brings a revocation of at least a year plus a $500 civil penalty. Chemical test refusal →
Felony exposure comes from a DWI conviction in the past ten years, a young child riding along, or a crash that seriously hurt someone. Only Ulster County Court can try a felony, so the case moves there from City Court or the town court. Felony DWI →
Once a court orders an interlock, driving without one, tampering with it or having another person blow into it counts as its own offense. Ulster County's STOP-DWI program funds a conditional discharge monitor for interlock restrictions. Interlock offenses →
The judge suspends your license at the first appearance on a reading of .08 or higher, a conviction turns that into a revocation, and a refusal adds a DMV revocation of at least a year.
Court fines and the state surcharge come first. The DMV then bills a driver responsibility assessment, $250 each year for three years, and it bills a refused test the same way. Interlock installation, the monthly lease and higher insurance premiums follow.
A conviction stays on your criminal record, where background checks and licensing boards can see it. A judge can also order a session of the county's Victim Impact Panel, held on Tuesday evenings at 733 Broadway in Kingston.
Ulster County DWI cases are split among Kingston City Court, Ulster County Court and more than twenty town and village justice courts. The Kingston office also takes cases from the counties around Ulster, and we prepare for the calendar and the prosecutor in whichever court is on your ticket.
Arrests inside the City of Kingston go to Kingston City Court at 1 Garraghan Drive, in the same building as the Kingston Police Department, with the court entrance at the rear. The court tries misdemeanors such as a first DWI and holds the arraignment when the charge is a felony. It is about three miles from Thruway Exit 19.
A stop outside the city goes to that town or village court, such as Saugerties, Ulster, Esopus, New Paltz or Woodstock, from the county's list of justice courts. The Town of Kingston has a justice court of its own, separate from City Court. Felonies are tried at Ulster County Court, 285 Wall Street. Rockland County arrests have their own page for our New City DWI lawyers, and Greene and Columbia County arrests are covered by our Albany DWI lawyers.
Kingston Police patrol the city from One Garraghan Drive. Elsewhere in the county, stops come from the Ulster County Sheriff's Office, State Police Troop F out of the Kingston, Highland and Ellenville barracks, and town departments such as the Town of Ulster, Saugerties, Woodstock and Rosendale police. Whichever agency arrested you, we request its paperwork on the stop and the breath test.
Start by telling us the court on your ticket, the date and what the test showed. Before that first appearance we have the hardship paperwork ready and an early view of where the case is weak.
New York's discovery rules require the Ulster County DA to share what it has on a schedule set by law, and the office runs a Discovery and Records Unit for it. We go through the instrument records, any body or dash camera video and the arrest reports, then move to suppress what was gathered unlawfully.
We take what we found to the assistant DA and press for the charges to be dismissed or reduced. If the offer is too weak, we prepare the case for trial in the court where it was filed, or in Ulster County Court if it is a felony.

Our attorneys handle DWI cases only: first offenses, repeat charges, boating while intoxicated on the Hudson, commercial drivers, drivers under 21 and visitors licensed in another state who were stopped while passing through the Hudson Valley. Focusing on one charge is how we catch what a general practice can miss.
Before we recommend a plea or a hearing, we look at how the same court and the Ulster County DA's office have resolved similar Kingston cases.
Your file passes through several hands. An attorney leads it, and paralegals and advocates check the records, the deadlines and the DMV side of the case.
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*Prior results do not guarantee a similar outcome.
Three refusal cases and one repeat charge, each resolved for a client of ours in New York.
Reduced to DWAI after a recent conviction
A recent DWAI conviction was already on the client's record when the new DWI charge came. We negotiated a plea to a reduced DWAI charge, and no jail time was required.
Refusal dismissed after a crash in the snow
A client slid off a snow-covered road into a snowbank and was knocked unconscious. Deputies woke her, ran field sobriety tests and charged her with DWI and a refusal after she declined the breath test. We told the prosecution she should have been given medical help instead. Every charge was reduced to a single traffic infraction, the refusal was dismissed, and the one-year license loss she faced never happened.
Wrong-way stop, one traffic ticket
A combat veteran who lost his left leg at the knee to an IED turned the wrong way down a one-way street in an unfamiliar area. Police gave him the walk-and-turn and one-leg-stand tests on his artificial limb, then charged him with DWI and a refusal. We turned down the early offers and pushed toward trial. He pleaded to one ticket for the wrong-way turn, we won his refusal hearing, and he kept his license.
Outside the county's refusal policy
After she refused the breath test, a woman faced DWI and failure to yield to an emergency vehicle in a county whose policy ruled out any reduction after a refusal. We showed the ADA problems with the case, her clean record and an alcohol evaluation, and argued for an exception. The officers agreed to adjourn the refusal hearing, so she kept driving for work the whole time, and the case closed with a result outside that policy.
*Prior results do not guarantee a similar outcome. Attorney advertising.
Questions we hear after arrests in Kingston, Saugerties, New Paltz and the rest of Ulster County.
Kingston City Court is at 1 Garraghan Drive, Kingston, NY 12401, in the same building as the Kingston Police Department, and the court entrance is at the back. The clerk's office is open Monday through Friday from 8:00 a.m. to 3:45 p.m., and its number is (845) 481-9350. It hears misdemeanor DWI charges from inside the city and handles the arraignment on a felony DWI before the case moves to Ulster County Court.
They are two separate courts. The City of Kingston's cases go to Kingston City Court on Garraghan Drive, and the Town of Kingston, a separate municipality, has its own justice court. You appear in whichever court is printed on your ticket, and the police agency that wrote it can confirm the court if the ticket is hard to read.
Ulster County Court is in the Ulster County Courthouse at 285 Wall Street, Kingston, NY 12401, phone (845) 481-9375. In New York only a County Court can try a felony, so a felony DWI arraigned in Kingston City Court or a town court moves there if the prosecution continues.
The Ulster County District Attorney's Office, at 15 Joys Lane in Kingston, prosecutes every crime charged in the county, and its number is (845) 340-3280. Part-time assistant DAs cover the town and village courts, and the county's STOP-DWI program, which is paid for by fines from DWI convictions, funds an assistant DA position.
Yes, when the chemical test came back at .08 or above. State law has the judge suspend your license pending prosecution at arraignment, and a refusal brings its own suspension. A hardship privilege for getting to work or medical treatment needs proof beyond your own testimony, and the judge can delay arraignment up to three business days while you gather it. Later, many drivers qualify for the pre-conviction conditional license.
It can. The hardship privilege in VTL 1193 covers travel to and from school for a matriculating student at an accredited college when that travel is needed to finish the degree, along with travel to work and to medical treatment. You still have to prove the hardship with more than your own word, so a class schedule and proof of enrollment help.
Under New York's Zero Tolerance Law, VTL 1192-a, a driver under 21 with a reading from .02 to .07 is sent to the DMV for a hearing. A finding under that section is a DMV matter and carries no criminal conviction. A reading of .08 or more is charged as a DWI in court, whatever your age.
Often, within the limits of New York's plea bargaining rules. Under VTL 1192(10), once you are charged with DWI, any guilty plea has to be to one of the impaired driving offenses in that section, which is why DWAI is the usual reduction. The one way around it is a finding by the district attorney, after reviewing the evidence, that an impaired driving charge is unwarranted, with the judge stating the basis on the record. A DWAI plea on a DWI charge also has to include the DMV's alcohol and drug rehabilitation program, the Impaired Driver Program, formerly the Drinking Driver Program. In Ulster County, the assistant DA on your case makes the offer, and the weaknesses we find in the traffic stop, the breath test or the paperwork are what change it.
The court suspends your license at arraignment and sends the case to a DMV chemical test refusal hearing, which runs apart from the criminal case. If the DMV does not hold that hearing within fifteen days of arraignment, your license comes back until it does. The DMV judge decides whether the officer had reasonable grounds, whether the arrest was lawful, whether the refusal warning was clear and whether you refused. If the DMV rules against you, the license stays revoked for at least a year and you owe a $500 civil penalty.
A first DWI conviction means a fine of $500 to $1,000 on top of the state surcharge, as much as a year in jail, a revocation of at least six months and an ignition interlock in any vehicle you own or operate. The DMV adds a $250 assessment each year for three years. Judges can also order a session of the Victim Impact Panel that the county's STOP-DWI program holds at 733 Broadway in Kingston.
A new DWI within ten years of a prior DWI conviction is a class E felony. Under Leandra's Law, a passenger fifteen or younger also makes it a felony. Arraignment still happens in Kingston City Court or the town court, and a felony that moves ahead is tried in Ulster County Court on Wall Street, where a conviction can bring state prison.
Yes. The DWI Team defends DWI charges in every New York county, and our Kingston DWI lawyers also take cases from the rest of the mid-Hudson Valley, including Dutchess, Orange and Sullivan counties. State Police Troop F, which patrols Ulster, also covers Greene, Sullivan, Orange and Rockland counties, and Rockland County cases have their own page for our New City DWI lawyers.
Your quote comes at the free consultation, once we know the charge, the court and whether there was a refusal. Our Best Price Promise backs it up. If a DWI-focused attorney offers the same services for less before you hire anyone, show us and we will match the price, beat it or send you a $50 gift card.
Yes. DUI is what most states call it and what most people search for, and New York law calls it DWI, for driving while intoxicated. A Kingston DUI attorney and a Kingston DWI lawyer defend one charge, the one defined in VTL 1192.
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(845) 933-7116Choosing a DWI lawyer in Ulster County? Ask each one how they would handle your stop, your test result and the DMV hearing. Then ask us.