Buffalo DUI Lawyer

Buffalo DUI Lawyers

The Buffalo DUI lawyers at Trbovich Law Firm defend drivers charged with drunk or drug-impaired driving in Buffalo, Erie County, Niagara County, and across Western New York. New York charges these cases as DWI or DWAI under Vehicle and Traffic Law 1192, and a first offense can bring fines, a license revocation, an ignition interlock device, and a criminal record.

Trbovich Law Firm is led by Thomas Trbovich, whose practice centers on DUI and DWI defense in Western New York. Partner Suzanne Garvey spent most of her final seven years as an Erie County prosecutor in the Vehicular Crimes Bureau, handling felony DWI, drug-impaired driving, and serious crash cases. Our Buffalo DUI attorneys prepare every case as if it is going to trial, starting with the stop, the field sobriety tests, and the breath or blood test. The Trbovich Law Firm home page covers all of the firm's practice areas.

Is DUI the Same as DWI in New York?

New York law does not use the term DUI. Drunk and drugged driving is charged under Vehicle and Traffic Law 1192 as driving while intoxicated (DWI), aggravated DWI, or driving while ability impaired (DWAI) by alcohol or drugs. People in Buffalo still search for a "DUI lawyer," and the charges, penalties, and defenses are the same.

The charge on your tickets will be one or more subdivisions of VTL 1192:

• DWAI-alcohol (VTL 1192(1)): ability impaired to any extent by alcohol. A traffic infraction, not a crime, for a first offense.
• Per se DWI (VTL 1192(2)): a blood alcohol content (BAC) of 0.08 or more. A misdemeanor.
• Aggravated DWI (VTL 1192(2-a)): a BAC of 0.18 or more, or DWI with a child 15 or younger in the vehicle under Leandra's Law. A misdemeanor or felony.
• Common law DWI (VTL 1192(3)): intoxication proven by driving behavior, observations, and field sobriety tests, without a specific BAC. A misdemeanor.
• DWAI-drugs (VTL 1192(4)): impairment by a drug, including cannabis and prescription medication. A misdemeanor.
• DWAI-combined (VTL 1192(4-a)): impairment by a combination of drugs, or drugs and alcohol. A misdemeanor.

The post on the difference between DUI and DWI explains the terms in more detail, and the Buffalo DWI defense lawyer page covers DWI charges in depth.

What Happens After a DUI Arrest in Buffalo?

After a DUI arrest in Buffalo, police issue uniform traffic tickets for each VTL 1192 charge, process the breath or blood test, and either hold you for arraignment or release you with a court date. At arraignment in Buffalo City Court or the local town court, the judge can suspend your license pending prosecution if the test showed 0.08 or more.

The first few weeks after a DUI arrest follow a predictable path:

• Tickets and paperwork: each charge appears on its own ticket. A refusal report (form AA-?) or a breath test printout may also be part of the paperwork. Keep everything.
• Arraignment: the charges are read, a not guilty plea is usually entered, and the court addresses the license.
• Suspension pending prosecution: under VTL 1193(2)(e)(7), a license is generally suspended at arraignment when a chemical test shows 0.08 or more. A hardship hearing may be available.
• Refusal hearing: if you refused a chemical test, the license is suspended at arraignment and the DMV schedules a refusal hearing under VTL 1194(2)(c).
• Discovery and motions: the prosecution must turn over body camera footage, breath instrument records, and other evidence under CPL Article 245.

The what happens after a DWI arrest page and the post on DWI arraignments in Erie County walk through each step.

What Are the Penalties for a First DUI in New York?

A first DWI in New York carries a fine of $500 to $1,000, up to one year in jail (364 days under Penal Law 70.15), and a license revocation of at least six months. A first aggravated DWI carries $1,000 to $2,500 and at least a one-year revocation. A first DWAI-alcohol is a traffic infraction with a $300 to $500 fine and a 90-day suspension.

• DWAI-alcohol (VTL 1192(1)): $300 to $500, up to 15 days in jail, 90-day suspension
• DWI (VTL 1192(2) or (3)): $500 to $1,000, up to one year in jail, revocation of at least six months
• Aggravated DWI (VTL 1192(2-a)): $1,000 to $2,500, up to one year in jail, revocation of at least one year
• DWAI-drugs (VTL 1192(4)): $500 to $1,000, up to one year in jail, revocation of at least six months
• Ignition interlock: required as a condition of the sentence for misdemeanor and felony DWI convictions under VTL 1198
• Driver Responsibility Assessment: an additional DMV fee of $250 per year for three years after an alcohol or drug-related conviction

A second offense within ten years can be charged as a felony. The post on first-offense DWI penalties in Buffalo explains the details, and the felony DWI lawyer page covers repeat offenses.

Will You Lose Your License After a DUI in Buffalo?

Most DUI cases in Buffalo affect your license twice: once at arraignment through a suspension pending prosecution or a refusal suspension, and again at sentencing through a suspension or revocation. Many drivers may be eligible for a conditional license that allows driving to work, school, and medical appointments, depending on their record.

• Suspension pending prosecution: starts at arraignment when the test showed 0.08 or more. After 30 days, some drivers may be eligible for a pre-conviction conditional license.
• Chemical test refusal: a first refusal brings a $500 civil penalty and a revocation of at least one year, separate from the criminal case.
• Post-conviction conditional license: often available through enrollment in the Impaired Driver Program, if eligible.
• Relicensing: after a revocation, you must apply to the DMV for a new license, and drivers with multiple alcohol-related incidents face additional DMV review.

The post on how long a license is suspended for a DUI explains these timelines.

Where Do Our Buffalo DUI Lawyers Handle Cases?

Our Buffalo DUI lawyers handle cases from Buffalo and the surrounding towns of Erie County and Niagara County. DUI cases are heard in the court where the arrest happened, so a stop in Amherst typically goes to Amherst Town Court and a stop in Cheektowaga to Cheektowaga Town Court, each with its own schedule and procedures.

Local pages cover what drivers should know about DUI cases in their community:

• Amherst: Amherst DUI lawyer, covering stops near the University at Buffalo and the Boulevard Mall area
• Cheektowaga: Cheektowaga DUI defense lawyer, including arrests near the airport and the Walden Galleria corridor
• West Seneca: West Seneca DUI defense lawyer
• Hamburg: Hamburg DUI defense lawyer
• Clarence: Clarence DUI defense lawyer
• Kenmore and Tonawanda: Kenmore DWI lawyer
• Other locations: the DUI lawyer near me page lists the firm's offices in Buffalo, Grand Island, and Lockport

What Special DUI Situations Do Our Buffalo DUI Lawyers Handle?

Some DUI cases carry consequences beyond the standard penalties. Commercial drivers face CDL disqualification, drivers under 21 face Zero Tolerance rules, drug-impaired driving cases rely on Drug Recognition Expert evaluations and toxicology, and cases with a child in the car or a prior conviction can become felonies.

• Commercial drivers: a CDL holder faces a 0.04 BAC limit in a commercial vehicle and a one-year CDL disqualification for a first offense. See the CDL DUI lawyer page.
• Drivers under 21: a BAC of 0.02 to 0.07 triggers a Zero Tolerance civil proceeding and a six-month suspension, and higher readings can lead to criminal charges. See the Buffalo underage DUI lawyer page.
• Drugs and cannabis: DWAI-drugs cases turn on officer observations, Drug Recognition Expert exams, and blood or urine toxicology. See the Buffalo DWAI lawyer and DUI and marijuana pages.
• Child in the vehicle: DWI with a child 15 or younger is a felony under Leandra's Law. See the post on DWI with a child in the car.
• Boats and off-road vehicles: see the post on DWI on a boat or ATV.

How Many Drinks Put You Over the Legal Limit in New York?

There is no fixed number of drinks that puts every driver over New York's 0.08 legal limit. BAC depends on body weight, sex, the type and size of drinks, food, and time. A BAC of more than 0.05 but less than 0.07 is evidence of DWAI under VTL 1195, and drivers can be charged with common law DWI at any BAC.

• 0.02: Zero Tolerance threshold for drivers under 21 (VTL 1192-a)
• 0.04: DWI threshold for commercial drivers in a commercial vehicle (VTL 1192(5))
• 0.05 to 0.07: evidence of DWAI-alcohol (VTL 1195)
• 0.08: per se DWI (VTL 1192(2))
• 0.18: aggravated DWI (VTL 1192(2-a))

The BAC estimation charts page shows estimated BAC by weight and number of drinks, and the post on New York's legal blood alcohol limit explains each threshold.

Can You Refuse a Breath Test After a DUI Stop in New York?

You can refuse, but refusing a chemical test after a DUI arrest in New York leads to a separate DMV case. A first refusal brings a $500 civil penalty and a license revocation of at least one year, and the refusal can be used as evidence in the criminal case. Refusing the roadside preliminary breath test is a traffic infraction under VTL 1194(1)(b).

New York has an implied consent law, VTL 1194, which means drivers are deemed to have consented to a chemical test after a lawful DWI arrest. The refusal must be properly warned and documented, and those requirements are tested at the DMV refusal hearing. The post on whether you can refuse a breathalyzer test explains the trade-offs.

How Much Does a DUI Lawyer Cost in Buffalo?

The cost of a DUI lawyer in Buffalo depends on the charges, whether there was a refusal hearing, whether the case involves a crash or felony charge, and whether suppression hearings or a trial are needed. Fees are discussed at the first meeting, and Trbovich Law Firm accepts credit and debit cards.

A first-offense DWAI-alcohol case and a felony DWI with a crash require very different amounts of work. The post on how much a DUI lawyer costs explains the factors that affect fees, and the post on how much a single DWI conviction can cost covers fines, surcharges, insurance, and other expenses.

How Do Our Buffalo DUI Lawyers Handle These Cases?

Our Buffalo DUI lawyers prepare every case as if it is going to trial, starting with the reason for the stop, the field sobriety tests, and the breath or blood test. That preparation supports challenges at the refusal hearing, suppression motions, negotiation within the limits of VTL 1192(10), and a defense in front of a judge or jury.

• Arrest and arraignment: addressing the suspension pending prosecution, hardship relief, and the DMV refusal hearing.
• Discovery and evidence review: body camera and dashboard camera footage, breath instrument calibration and maintenance records under 10 NYCRR Part 59, and blood test toxicology, with breath-testing instrument specialists and toxicologists when needed.
• Suppression motions and hearings: challenges to the stop, the arrest, the test, and any statements under CPL Article 710.
• Plea negotiation: working within the plea limits of VTL 1192(10). A plea on the right terms is welcome. A plea that gives away a real defense is not.
• Trial: bench or jury trial focused on the evidence of impairment and the reliability of the test.
• Sentencing, conditional license, and relicensing: ignition interlock, the Impaired Driver Program, conditional license eligibility, and the path back to a full license.

Why Choose Thomas Trbovich for Your DUI Case?

Thomas Trbovich has been admitted to practice in New York since 1997 and graduated cum laude from SUNY Buffalo School of Law, and his practice centers on DUI and DWI defense. He works with partner Suzanne Garvey, who spent more than three decades as an Erie County prosecutor, most of her final seven years in the Vehicular Crimes Bureau.

• Thomas Trbovich: J.D., cum laude, SUNY Buffalo School of Law, 1997; admitted in New York, 1997
• Thomas Trbovich: M.S. in Economics, SUNY Buffalo, 1990; B.S., Skidmore College, 1988
• Suzanne Garvey: J.D., magna cum laude, SUNY Buffalo School of Law, 1989; B.S.S., summa cum laude, SUNY Buffalo, 1986
• Suzanne Garvey: prosecutor with the Erie County District Attorney's Office from 1990 until March 2023, with a focus that included felony DWI, DWAI-drug cases, toxicology reports, and Drug Recognition Expert examinations

Contact Our Buffalo DUI Lawyers

If you were arrested for DUI, DWI, or DWAI in Buffalo, Erie County, Niagara County, or anywhere in Western New York, talk with our Buffalo DUI lawyers before your arraignment or as soon after it as possible. Bring every ticket, the breath test printout or refusal paperwork, any DMV notices, and your notes about the stop to the first meeting with Trbovich Law Firm.