Former prosecutors with combined
50 years experience.

516-741-4100

Criminal Defense

Defense: as former prosecutors, Richard and Kimberly Lerner apply a perspective from both sides of the aisle to their aggressive defense of people facing misdemeanor and felony charges.

DWI: our firm provides defense against driving while intoxicated (DWI) charges, including felony DWIs, and seeks outcomes such as dismissed charges and reduced sentencing.

Traffic Violations: we represent clients in all types of traffic related issues such as license violations, suspensions, and tickets.

Retirement and Social Security Disability

Disability Claims: Our firm assists public and private employees with retirement disability, social security disability, and workers' compensation claims.

Long Island DWI Defense


We represent people facing misdemeanor and felony Driving While Intoxicated, Aggravated Driving While Intoxicated, Driving While Ability Impaired by Drugs charges and Driving While Ability Impaired by a combination of drugs and alcohol in Nassau, Suffolk and all New York Counties. 

While DWI charges are relatively common compared to other types of criminal offenses, an arrest is a serious matter that automatically suspends your license and includes mandatory court appearances and expenses. A conviction can result in even more serious and lasting consequences, including jail and a license revocation.


Both of our attorneys have extensive experience handling DWI charges. We examine all of the details surrounding your arrest and aggressively work towards the best possible resolutions. We will refer you in a timely manner to a DMV certified alcohol (OASAS) counselor for alcohol evaluation and treatment; working with an alcohol counselor can help us obtain a favorable resolution in your case. 

Loss of Driver's License Following a DWI Arrest

If you failed a breath, blood or urine test during an arrest for drunk driving in Nassau, Suffolk or any of New York Counties, your license will be suspended at arraignment. If you refused to submit to a test for blood alcohol content or drugs, the state will initiate a second case against you that seeks to administratively suspend your driver's license. This is separate from the criminal case that is resolved in  the courts. You will be given a date for a Refusal Hearing where you can challenge your license suspension and attempt  to keep your  driving privileges. If you do not appear at the hearing you will automatically lose your license. It is important to be represented at a refusal hearing. The discovery obtained from this hearing can be a very valuable tool to help defend your case.

The length of a license suspension depends on a number of circumstances, such as the level of your BAC at the time of your arrest and any prior DWI convictions.

DWI defense strategies

We protect your rights from the moment you hire us. We begin by gathering all of the information from the moment when you were stopped by the police until you arrive in our office. 
Many people believe that DWI charges are indefensible, because the prosecution has proof in the form of a breathalyzer or other chemical test. In fact, there are many important questions to ask:

  • Was there reasonable suspicion for the initial traffic stop?
  • Was there probable cause for an arrest?
  • Did the officer properly administer a breath or blood test?
  • Was there a violation of your Miranda rights?
  • Did the officer follow mandated policies and procedures?


If you believe that your rights may have been violated or proper procedure was not followed by an arresting officer, contact us to learn more about Long Island DWI defense during a free initial consultation.

The consequences of a conviction

A conviction for driving under the influence of drugs or alcohol in New York could lead to jail, fines, loss of license, mandatory attendance at a victims’ panel, and a driver responsibility fee.

You can also expect to pay expensive, high-risk auto insurance.  Depending on the specifics of your case, the county may confiscate your vehicle's license plate, impound or immobilize your vehicle, and require the installation of an ignition interlock device.

The penalties increase with each additional conviction for drunk driving. The second and any subsequent charges (within 10 years) are filed as a felony, which could result in substantial jail time. 

Don’t let a DWI charge ruin your life. Our attorneys can help you regain your driving privilege and avoid fines and jail to the fullest extent possible.

Please call 1 (516) 741-4100 for a free initial meeting with Lerner & Lerner, P.C.