We know how to defend DWI Charges and

Minimize the effects of a DWI Arrest

If you have been arrested and charged with a DWI, we know that you’re concerned
and have questions like:

  • “What’s going to happen to my license?”
  • “Will I lose my job?”
  • “What about my insurance?”
  • “Will I lose my car?”
  • “How long will this stay on my license?”
  • “Am I going to jail?

At Brocato & Byrne, LLP we are here to answer all of your questions.

  As Defense attorneys we use what we learned as prosecutors to successfully defend our clients.

We are experts at DWI Defense.

We know what questions to ask to find the weakness in the prosecution’s case.

  • Why were you pulled over?
  • Did the officer have probable cause to stop you?
  • What were the alleged display signs of intoxication?
  • Does the arresting officer use the same boiler-plate allegations on every DWI case?
  • Did the officer perform a field sobriety test?
  • Was the field sobriety test administered correctly?
  • If you submitted to breath or blood analysis, was the test done correctly?
  • Was the intoxilyzer maintained properly?
  • Were all the material used to operate the intoxilyzer out-dated?


You probably found this page because you or someone that you care about is in trouble and you’re seeking the best possible help.
There are no shortages of attorneys who will gladly accept your case.  Before you make a decision we would you like to understand something first.

If you have been arrested and charged with a Suffolk County DWI
Retaining the right legal counsel is one of the most important things that you can do.


DWI Defense is What we do, See for yourself

This is the Intoxilyzer 5000EN, and it is the equipment used by the Suffolk and Nassau County Police Departments to test Blood Alcohol Level (BAC).


Any credible Breath test expert will testify that breath test results, when used for the purpose of obtaining a conviction, are unreliable sources of evidence if they were administered without a method known as duplicate testing.

Duplicate testing: a method used to assure quality and accuracy of breath test results.  It consists of two separate breath test taken within 5 minutes of each other.  It is solely used to ensure accurate results and is considered necessary in preventing false readings.

Duplicate testing can result in different readings due to several factors including mouth alcohol.

Mouth alcohol can cause a spike on a first reading and then on a second test, once residual alcohol in mouth is removed, the test result is much lower.  Operator error, radio frequency interference and operator tampering are other factors that can lead to errant readings.

The Suffolk County and Nassau County Police Departments, as well as the New York State Troopers and New York City Police Department have all stopped using duplicate testing when it was discovered that the Intoxilyzer 5000EN was receiving different readings on breath test performed while using the duplicate method.

If you have been arrested on DWI charges after failing a breath test you are not allowed to test again, Police department policy.  Further, at that point the police will not administer a blood test, the most accurate way to test, again that’s their policy. 

You are permitted by law to have your blood tested by a Doctor of your own choosing, but unfortunately its the policy of the police department not to inform you of this available legal right.

The Police have the right to take your blood but will refuse you the right to have them take it for you,  even if you request and agree to pay the expense of doing so.  You will be refused transport to a hospital or allowed to go on your own regardless of proximity to your current location.  Police are allowed to have an EMT or nurse draw your blood but they will not allow one to do so as part of your request. 

All of this is the policy of the police department and was created solely for the purpose of not allowing you the opportunity to have a second test done.  This policy thus ensures that the only test used in an effort to convict you will be theirs.

You can easily see that doing it any other way the result would be a lot less DWI convictions.

Brocato & Byrne, LLP  Is More Than Just Another Firm Of Suffolk County Lawyers


There are many Suffolk County Lawyers that you can choose to represent you,
But they certainly are not all the same. 

When it comes to evaluating your options and finding the very best representation for a DWI or criminal matter, the differences between prospective lawyers might not be obvious to an outsider. 

There are your qualified and quality attorneys and then there are the guys who just need to make the rent.

The reoccurring scenario that we see over and over is an individual gets in trouble and a family member trying desperately to help retains the “family attorney”.

Basically, not a criminal law specialist, someone with little to no experience handling DWI charges.  

Very quickly that lawyer finds themselves totally out of his or her depth and ultimately the client suffers the consequences. 

In these situations people make the assumption that a lawyer is a lawyer and a legal degree assumes that you are an expert in all areas of the law. 

At Brocato & Byrne, LLP we are criminal law specialists and DWI experts.
We have 20+ years of experience representing clients in all the Suffolk County courts.

All of our lawyers are former Prosecutors with District Attorney’s Office in Suffolk County NY.

We have the type of experience and knowledge that just can’t be learned, it must be earned. 

Having paid our dues on both sides of the law we have developed an innate knowledge of the system and its inner workings.

We are in the court houses every day, that’s our domain.

Working all levels of cases from minor traffic tickets to “A” felonies.

20+ years combined experience working within the inner bowels of the legal system is what Brocato & Byrne, LLP brings to the table when representing a client.

Can the “family attorney” say that?  

Are these qualifications and experience important to you?  

Because whoever represents you may just be fighting for your freedom.

Understanding the difference between prospective attorneys is one of the most important aspects of your defense.

When it comes to Suffolk County DWI arrests we know the system
And will get to work fighting for your rights immediately.

The consequences for a Suffolk County DWI can be devastating, that’s why retaining a legal team who has the skills and experience to represent you is critical to your DWI defense.

When you hire Brocato & Byrne, LLP,

We will demand that the prosecution hand over all the evidence the law says we are entitled to.
We know what to look for in the police paper work, and will expose all of their mistakes.

If necessary we will take your case to trial and
Hold the prosecution to their burden of proof beyond a reasonable doubt.

Brocato & Byrne, LLP will also:

  • Appear at your arraignment 
  • Ensure that bail is granted
  • Help you get a hardship license
  • Meet with Suffolk County District Attorney Prosecutor handling your case
  • Represent you at a DMV refusal hearing, if necessary

Flat fee

No hourly charges

No Appearance Charges

Having represented many DWI clients we know what you’re going through, probably even better than you do.  We understand the fears and concerns that you have.

We have represented many hard working clients who had to deal with the aftermath of a Suffolk County DWI and have seen the emotional stress that they all share.

We are here to help, Call Now.

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