Challenges for DWI Cases
A DWI charge in White Plains, NY involves a range of challenges. The penalties in New York are severe and shift depending on each case's details.
Some of the factors that will affect your White Plains DWI case include:
- Whether your Blood Alcohol Content (BAC) was over twice the 0.08% limit
- If you were underage (under 21) when arrested for DWI
- Plea bargain offers and strategy
- Overlapping jurisdiction of the criminal courts and your state's department of motor vehicles to suspend or revoke your license
- Whether you are eligible for a hardship license and conditional license which will allow you to drive to and from work/school
- Whether you were involved in an accident when arrested for DWI
- Whether there was a child in the vehicle at the time of the arrest (New York's Leandra's Law)
Specific legal scenarios and increased law enforcement during weekends and holidays in Westchester County mean that having a defense team familiar with local court practices is critical. White Plains courts consider not just state laws, but patterns and strategies unique to local prosecutions.
DWI defense attorneys Andrew Proto and David Sachs have defended the interests of clients in White Plains courts for decades, serving as strong advocates throughout each case. All initial consultations are free and we offer flexible appointments. Contact us today!
Important – You will need a White Plains DWI lawyer if:
- This is your first DWI arrest in White Plains, NY.
- You have been arrested for misdemeanor or felony DWI or DWAI Drugs.
- This is your second DWI arrest (in New York or another state).
- Your BAC limit is more than twice the legal limit (known as Aggravated DWI).
- There was an accident involving property damage, personal injury or death at the time of your DWI arrest.
- You are a professional driver whose livelihood depends on keeping your license.
- You are or plan to be employed in a profession where bonding/licensing is required. In these circumstances, any criminal conviction might prevent you from getting or keeping a professional license.
Knowing the DWI Laws & Procedures in White Plains, NY
People who contact us about DWI charges often ask about the roadside tests performed by police. These field sobriety tests help officers determine whether someone is impaired or intoxicated while driving.
White Plains law enforcement follows New York State protocols for conducting field sobriety tests, but factors like weather, safety, and language barriers sometimes affect their administration. Officers are trained to explain how these tests reveal impairment, so analyzing both the test process and results is crucial. Late-night stops or roadside checkpoints in Westchester County can influence which tests officers choose and how the findings affect your driver’s license or court case.
Drivers are typically asked to perform one of the following actions:
- Track the movement of a pen with their eyes
- Recite the alphabet
- Touch their nose with the tip of their finger
- Walk in a straight line heal to toe
Failing any one of these tests may cause an officer to conclude that you are impaired or intoxicated.
Breathalyzer Tests
After field sobriety tests, police may administer a Breathalyzer at the scene or at the station. This device measures your Blood Alcohol Content (BAC). In New York, those age 21 or older face DWI charges if their BAC measures .08% or higher. Drivers under 21 fall under the state’s zero-tolerance policy and may not have any alcohol in their system.
White Plains police and Westchester County Sheriff’s officers use Breathalyzer devices approved by New York State. Calibration records and operator procedures sometimes present legal issues that attorneys can challenge. Our team thoroughly examines maintenance logs and records to ensure proper protocol was followed. The timing, location, and operation of the test can all affect whether the results are valid in court.
Penalties for drunk driving in White Plains and Westchester County include jail, probation, fines, license suspension or revocation, installation of an ignition interlock device, court-ordered substance abuse screening and treatment, and mandatory completion of programs such as MADD or DDP courses with the DMV.
Hiring a Proven White Plains DWI Defense Lawyer Matters
Our DWI lawyers can represent your case in White Plains City Court. Decades of direct experience in White Plains courts help our attorneys navigate the expectations of local judges and prosecutors. With backgrounds as former prosecutors, we anticipate prosecution strategies and shape defense approaches to fit Westchester County’s legal standards. We stay current with procedural trends, including changes in plea bargaining rules for DWI cases. Our focus on local criminal courts helps us move efficiently through required steps, which reduces delays and stress for our clients.
What to Expect from the DWI Court Process in White Plains
When you face a DWI or related charge in White Plains, the process usually starts with arraignment at the White Plains City Court. There, the judge explains the charges and may decide on bail. After arraignment, the court typically schedules pre-trial hearings to discuss evidence, address motions, and prepare for trial. At pre-trial conferences, defense attorneys and prosecutors may negotiate a resolution based on the evidence and the circumstances provided by police.
The pace of court proceedings in White Plains can be brisk, especially during periods of targeted law enforcement such as holidays. Navigating local rules—from document filings to courtroom procedures—helps keep cases on track. We help clients prepare for each step and make sure they understand their rights, key court dates, and what to expect next. Clear communication between you and your legal team ensures that every document and deadline receives prompt attention, building a solid foundation for your defense.
Defenses & Legal Strategies for DWI Charges in Westchester County
Defending against DWI or DUI charges in White Plains requires close review of every part of the law enforcement process. Attorneys might challenge the traffic stop’s legality, question the reliability of sobriety or breath tests, or present other explanations for observed behavior that do not involve drugs or alcohol. At Proto, Sachs & Brown, LLP, our decades of experience as former prosecutors allow us to find weaknesses in test procedures, officer conduct, and law enforcement reports.
Every case should involve a tailored approach, and local courts value defense arguments that are supported by facts and properly presented. For example, medical issues, external conditions at the time of arrest, or inconsistencies in police testimony can all create openings for your defense. We work to build arguments based on established facts so judges and prosecutors have the complete picture, rather than just initial allegations. Our firm’s national publishing and industry-recognized accolades in criminal and DWI defense show our commitment to a thorough and careful review, protecting client interests in Westchester County’s court system.
Frequently Asked Questions
What happens if I refuse a breathalyzer in White Plains?
If you refuse a breathalyzer in White Plains, you may face a license suspension and a separate DMV hearing regardless of your court outcome. Refusal can also be used by prosecutors as evidence, and the penalties may exceed those for a failed test.
Can I get a conditional license after a DWI charge?
Many people in New York qualify for a conditional license, which lets them drive to work, school, or medical appointments while a criminal case is pending. Eligibility depends on the details of your case, prior records, and the outcome of any DMV hearing.
How long does a DWI case take to resolve in Westchester County?
DWI cases in White Plains and Westchester County move at different speeds, depending on the court’s schedule, the case’s complexity, and the evidence involved. Some cases close in weeks, but others can last several months, especially if motions, negotiations, or trials are required.
Take control of your future today by contacting our experienced White Plains DWI defense team for the skilled, local-focused representation your case demands.
