DWI Attorney

Saratoga DWI Defense Lawyer

New York State takes prosecuting DWI and DWAI related offenses very seriously. DWI lawyer Katherine DeMartino has handled hundreds of alcohol and drug related driving cases. Katherine will exercise her years of experience to analyze the facts of your case, determine the appropriate legal strategy, and defend your rights.

Charged with a DWI in Saratoga County, Warren County, Washington County, or the greater Capital Region area?

Contact Katherine now for a case evaluation.

Speak to a DWI Attorney Today

Tell us how we can be of service and Attorney Katherine DeMartino will contact you as soon as possible

Leave this field blank

Should You Get a Lawyer for First DWI/DWAI?

A first-time alcohol or drug related driving offense can be particularly stressful and embarrassing.  Penalties for first-time convictions differ depending on the offense but can include jail time and/or probation, suspension of your license, mandatory ignition interlock device, fines and court mandated treatment programs. An alcohol or drug related conviction may also enhance the penalties for a subsequent DWI or DWAI charge. It’s imperative that you contact a local DWI defense attorney who will create a legal strategy based on your particular case and investigate whether any mitigating factors exist in your case.

What Katherine’s Clients Say About Her

james freund
james freund
17:30 15 Apr 24
Jessica O'Boyle
Jessica O'Boyle
03:24 12 Apr 24
I'm pleased to share my exceptional experience with Katie. She's handled multiple traffic tickets for in the past couple years resulting in zero points on my record. She not only saved me valuable time but also significantly reduced my financial burden. Her expertise and efficiency deserves a solid 5-star! I plan to continue to use Katie for any and all legal issues that may arise for me in the future.
elena agark
elena agark
17:52 13 Feb 24
Super happy with the result - efficient and quick, no points, small fine that I was only happy to pay. Highly recommend Katherine.
James Nash
James Nash
16:39 26 Jan 24
Katie was a phenomenal attorney to have by my side through my experience with the court. She went to bat for me to a system I knew nothing about and knew the best course of action to take at each turn. She reduced the charges that were against me and got me through it in the best way I could've hoped, explaining each step along the way. I could breathe easier knowing she had my back and I would recommend trusting her to anyone.
Ryan Conti
Ryan Conti
00:21 29 Dec 23
I’ve utilized Katherine Demartino’s services twice now, Katherine is very knowledgeable and highly experienced in her craft, I hope I won’t ever need her services again in the future, but wouldn’t hesitate to call her if I did. I sincerely recommend Katherine for your legal representation

Challenging a DWI

The state is required to prove beyond a reasonable doubt every element of the offense charged. If there are errors made by the police, the charges against you may be reduced or even dismissed. An experienced DWI attorney can help challenge your charge by examining the evidence to see if there were errors made during your stop and arrest. Katherine DeMartino has the knowledge and experience to build a strong defense to your case.


New York State statute states that a person’s ability to operate a motor vehicle is impaired, when that person’s use of alcohol and/or drugs has impaired the physical and mental abilities which that person is expected to possess in order to operate a vehicle as a reasonable and prudent driver.

1192 (1)
When a driver has a BAC between .05% and .07%, they may be charged with DWAI alcohol. DWAI alcohol is a violation, not a criminal offense. Still, it has serious consequences including license suspension, fines, and participation in court mandated programs. 

1192 (4) and 1192 (4-a)
Unlike DWAI alcohol, DWAI drugs is a criminal offense. Although recreational marijuana was recently legalized in NY, impairment by marijuana still serves as the basis for a DWAI drugs arrest. The law does not require any particular chemical or physical test to prove that a person’s ability to operate a motor vehicle was impaired by a drug. You may be convicted of driving while impaired by any amount of drug and/or drugs as long as the state can prove that you were “impaired.” Katherine DeMartino has years of experience handling these types of cases and can help you with your DWAI charge.

Aggravated DWI with a Child (Leandra’s Law)

If you are suspected of DWI or a DWAI and you have a child age fifteen years old or younger in the vehicle, you could be charged with Aggravated Driving While Intoxicated with a Child also known as Leandra’s Law. An Aggravated DWI with a Child is a class E Felony in New York State. 

This charge has the same license penalties as a misdemeanor charge of an Aggravated DWI, but it has the potential for increased penalties including state prison time. In addition to the Felony DWI charge, you may also be reported to the Department of Social Services which could result in an investigation by Child Protective Services.

Chemical Test Refusals

Under New York State law, a driver is required to submit to a chemical test if an officer has reasonable grounds to believe he or she has committed an 1192 offense. There is no constitutional right to refuse to submit to a chemical test. However, there is a statutory right to refuse. This means that the police cannot force you to submit to a test of your blood, breath, or urine. The exception to this is when there is a crash that results in serious physical injury. In these instances, the court has the right to compel you to submit to a test. 

A refusal to submit to a chemical test is not a criminal charge, it is a civil violation. The consequences include revocation of your license for one-year, civil penalty and driver’s assessment fee.  If you have multiple alcohol or drug related driving convictions, a finding of a refusal to submit to a chemical test could result in increased license sanctions.

If you refuse to take the chemical test, your license will be immediately suspended.  You are entitled to a refusal hearing within 15 days of your license suspension. If DMV fails to schedule that hearing, your license privileges could be restored. 

Although it is not a criminal proceeding, you maintain certain rights throughout the process. Katherine DeMartino has successfully represented numerous clients in New York State DMV Refusal hearings. Katherine can present arguments on your behalf and attempt to safeguard your driving privileges.

Saratoga DWI Attorney

If you have been charged with an alcohol or drug related driving offense in Saratoga County, Warren County, Washington County, including the following areas: Clifton Park, Halfmoon, Malta, Saratoga Springs, Wilton, Glens Falls, Queensbury, Lake George, Moreau and Kingsbury call experienced DWI attorney Katherine DeMartino. She can help get the best possible outcome for your case.

Google Rating
Based on 40 reviews

Contact Katherine for a confidential case consultation

Saratoga Law Office

Katherine J. DeMartino, Esq.
 648 Maple Ave
Saratoga Springs, NY 12866
Phone: (518) 400-5282
Fax: (518) 691-9348
[email protected]

Capital Region Service Area


This web site contains attorney advertising. Prior results do not guarantee a similar outcome.

Call Now Button