If you or a loved one has been arrested for DWI in Westchester County, New York, understanding the local laws, courts, and consequences is critical. A Driving While Intoxicated charge in New York is a serious criminal offense that can lead to lasting legal, financial, and personal consequences.
This guide explains how DWI cases work in Westchester County, what penalties you may face, and why speaking with an experienced Westchester County DWI lawyer as early as possible can make a meaningful difference.
At Proto, Sachs & Brown, LLP, our criminal defense attorneys are published authors in DWI defense and general criminal defense. With more than 25 years of experience, we regularly appear in courts throughout Westchester County and are prepared to aggressively pursue your defense.
What Is a DWI Under New York Law?
In New York, a driver may be charged with DWI if they operate a motor vehicle while impaired by alcohol, drugs, or a combination of both. Common alcohol and drug-related driving charges include:
- Driving While Intoxicated (DWI): BAC of 0.08 percent or higher
- Aggravated DWI: BAC of 0.18 percent or higher
- Driving While Ability Impaired (DWAI): BAC between 0.05 and 0.07 percent
- Drug-Related DWI: Impairment by illegal drugs, prescription medication, or marijuana
Each charge carries different penalties, but all can lead to license consequences and a permanent criminal record.
DWI Arrests in Westchester County: What Happens Next?
After a DWI arrest in Westchester County, your case will usually be heard in a local city, town, or village court. This may include courts in White Plains, Yonkers, New Rochelle, Peekskill, Greenburgh, or surrounding municipalities.
The process typically includes:
- Arraignment: Formal reading of charges and release conditions
- License Suspension Hearing: A BAC of 0.08 percent or a breath test refusal can trigger immediate suspension
- Court Proceedings: Motions, hearings, negotiations, and possible trial
- Case Resolution: Dismissal, reduction, plea agreement, or verdict
Local experience matters. The Westchester County District Attorney’s Office operates multiple branch offices, each with its own prosecutors and procedures. An attorney familiar with Westchester County courts can anticipate how cases are handled and build a stronger defense strategy.
Penalties for DWI in Westchester County, NY
DWI penalties depend on BAC level, prior offenses, and whether anyone was injured. Possible consequences include:
- Fines and court surcharges
- Jail time or probation
- Driver’s license suspension or revocation
- Ignition interlock device requirements
- Mandatory alcohol education programs
- A permanent criminal record
Even a first-time DWI can result in thousands of dollars in costs and long-term consequences affecting employment, travel, and insurance rates.
Aggravated and Felony DWI Charges
Certain circumstances can elevate a DWI to a more serious offense, including:
- BAC of 0.18 percent or higher
- Prior DWI convictions within ten years
- A child passenger in the vehicle
- Accidents involving injury or death
Felony DWI charges in Westchester County carry the possibility of state prison time. Skilled legal representation is essential when your freedom and future are at stake.
Why Hire a Westchester County DWI Lawyer?
DWI cases are technical and evidence-driven. A knowledgeable Westchester County DWI attorney can examine:
- Whether the traffic stop was lawful
- Accuracy of breath or blood testing
- Police compliance with testing procedures
- Constitutional violations
- Opportunities for dismissal or charge reduction
Local knowledge is critical. Prosecutors, judges, and court procedures vary across Westchester County. An attorney who regularly appears in these courts can tailor a defense strategy to the realities of your case.
Refusing a Breath Test in Westchester County
New York’s implied consent law means refusing a breath test can result in:
- Immediate license suspension
- Civil penalties
- A separate DMV refusal hearing
However, refusal cases can sometimes be successfully challenged if law enforcement failed to follow proper procedures.
Long-Term Impact of a DWI Conviction
A DWI conviction in Westchester County can affect:
- Employment and professional licensing
- Auto insurance rates
- College admissions
- Immigration status
- Future criminal cases
Early legal intervention can help protect your record, your license, and your future.
Get Help After a Westchester County DWI Arrest
If you are facing a DWI charge in Westchester County, New York, time matters. Evidence can be challenged, licenses can sometimes be saved, and charges may be reduced or dismissed with the right defense strategy.
Andrew Proto and David Sachs have extensive experience defending DWI cases throughout Westchester County. Their goal is to fight for dismissal when possible or secure the best available plea agreement. If trial becomes necessary, they compile the evidence and expert testimony needed to defend your case effectively.
They keep clients informed at every stage and ensure you receive all evidence from the District Attorney, including police reports, body camera footage, 911 calls, BAC calibration records, and related documentation.
Proto, Sachs & Brown, LLP is known for going the extra mile for DWI clients.
Call (914) 946-4808 today for a free initial consultation with a Westchester County DWI lawyer.