DWI Lawyer in Westchester County

What are the DWI/DWAI laws in Westchester County, New York?

Understanding the intricacies of DWI and DWAI laws in Westchester County is essential for anyone facing such charges. This includes the differences between misdemeanor and felony charges and the respective penalties associated with each. Awareness of the specific local regulations and nuances can significantly impact the outcome of the legal process, making it crucial to have a lawyer who is well-versed in these laws.

• Driving While Intoxicated (DWI) - Under New York State DWI Laws, a person who is operating a motor vehicle with a blood alcohol concentration (BAC) of .08 or above can be arrested and charged with the misdemeanor crime of driving while intoxicated, which is commonly known as "DWI." If you were convicted of a DWI in the last ten years prior to your new DWI charge, you may even be charged with a felony.
• Misdemeanor vs. Felony DWI - All DWI charges carry severe consequences, including license suspensions and/or revocation. If you are charged with a misdemeanor DWI, you will be facing up to one year in county jail or three years' probation, fines and an ignition interlock device. If charged with a felony, you could be facing state prison time or five years' probation, fines and an ignition interlock device.
• Driving While Ability Impaired (DWAI) by Alcohol - Driving while ability impaired by alcohol is commonly referred to as "DWAI." This drunk driving charge is not a criminal charge and applies to individuals who are operating a motor vehicle with a blood alcohol concentration that is between .05% and .07%. Although the charge is not criminal, DWAI penalties can include a $300 - $500 fine, up to 15 days in jail, or both.
• Driving While Ability Impaired (DWAI) by Drugs - DWAI charges can also apply to any person who is operating a motor vehicle while their ability to operate the motor vehicle has been impaired by drugs. Depending on the circumstances of the arrest, this charge can either be prosecuted as a misdemeanor or felony offense in New York.
• Aggravated Driving While Intoxicated - The aggravated driving while intoxicated laws in New York State prohibit a person from driving a motor vehicle with a BAC of .18% or more. The main difference between the DWI under .18% and this charge is that a person faces much longer license revocation and even higher hefty fines.
• Driving While Ability Impaired by Drugs & Alcohol - In New York State, drivers are strictly prohibited from operating a motor vehicle while impaired by the combined influence of alcohol and any drug or controlled substance. The Westchester County District Attorney's Office takes these charges seriously and it's important that you have an experienced Westchester DWI defense attorney to protect your rights.

What are the Penalties for DWI/DWAI in New York?

The state of New York is known for harsh DWI penalties. The severity of your DWI or DWAI penalties will vary based on the details and circumstances of your arrest. Having a proven Westchester County DWI defense lawyer on your side will dramatically reduce the probability that you will face serious legal consequences:

• Jail/Prison Time: Ranging from days (DWAI) to up to a year in county jail (DWI/Aggravated DWI), or several years in state prison for felony DWIs.
• Fines: From hundreds to thousands of dollars.
• Driver Responsibility Assessment (DRA): Mandatory annual fees to the Department of Motor Vehicles (DMV) for 3 years, totaling $750 for most DWI/DWAI convictions, and $2,250 for those with 6 or more points or multiple offenses.
• License Suspension/Revocation: Ranges from 90 days for DWAI to minimum 6 months or more for DWI, and 1 year or more for felony DWIs, or even permanent for repeat offenders.
• Ignition Interlock Device (IID): Mandatory installation in your vehicle(s) for at least 1 year (for DWI and Aggravated DWI, and some felony DWIs), at your expense. This device prevents your vehicle from starting if it detects alcohol on your breath and requires rolling retests while driving.
• Mandatory Programs: All DWI/DWAI convictions require completion of the Victim Impact Panel (VIP) and the Drinking Driver Program (DDP, a 16-hour alcohol and drug education program). Failure to complete these will result in indefinite license suspension.
• Increased Insurance Premiums: Your auto insurance premiums will skyrocket, as you will be considered a high-risk driver. Some insurers may even refuse coverage.

A DWI conviction in New York carries significant and lasting consequences beyond direct penalties. It results in a permanent criminal record, severely limiting future employment opportunities, often leading to professional license suspension or revocation. For non-U.S. citizens, it can trigger severe immigration consequences, including deportation. Beyond the immediate suspension, you face potential loss of future driving privileges, immense financial strain from fines and associated costs, a damaging social stigma, and travel restrictions to certain countries.

What are the Potential Defense Strategies We May Employ?

The Westchester County DWI attorneys at Proto, Sachs & Brown, LLP can provide you with a personalized legal defense to vigorously defend and protect your rights. Our experienced DWI attorneys will help you understand the drunk driving license implications throughout the pendency of your case and what effect a DWI conviction will have on your driver's license.

• Unlawful Stop/Arrest: If the police lacked reasonable suspicion for the traffic stop or probable cause for the arrest, any evidence obtained can be suppressed, potentially leading to dismissal.
• No "Operation" or "Actual Physical Control": Arguing that you were merely in the vehicle but not operating it or intending to operate it (e.g., sleeping in a parked car, waiting for a ride).
• No Intoxication/Impairment: Challenging the prosecution's ability to prove you were intoxicated or impaired to the "less safe" degree, based on officer observations or FST performance.
• Challenging Prior Convictions: If this is a repeat offense, we investigate the validity of prior DWI convictions to prevent their use for enhancement purposes (e.g., if you were not represented by counsel in a prior case).
• Miranda Rights Violations: If statements were obtained improperly after arrest.
• Prescription Drug Defenses: For DWAI-Drugs or DWAI-Combination, proving the drug was legally prescribed and used as directed, and did not cause the alleged "impairment."
• Medical Conditions: Presenting evidence of medical conditions that mimic signs of intoxication (e.g., diabetes, neurological disorders, recent head injury).