Westchester County DWI Attorneys
Our Lawyers are Published Authors in New York DWI Law
Have you been arrest for a DWI in New York? It is important that you seek an aggressive DUI lawyer to defend you in your case. A DWI conviction in New York can result in severe penalties that can last for years after your arrest.
At Proto, Sachs & Brown, LLP, we go above any beyond to ensure our clients have the best defense possible. We care deeply about each and every one of our clients. Your success is our success and that is what our DUI defense attorneys strive for. Our DWI attorneys have offices conveniently located throughout Westchester County including White Plains, Peekskill ,New York.
DWI Penalties in NY
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 circumstance 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 time
- Loss of your driver's license
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.
Understanding the DWI/DWAI Laws in Westchester County, New York
- 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.
The Child Passenger Protection Act & Leandra's Law
Leandra’ Law, also known as the Child Passenger Protection Act, sets some of the toughest DWI provisions in the US. As a result, the legal penalties can be unforgiving. Named after Leandra Rosado, an eleven-year-old who was killed by a drunk driver, New York took a strong stance against DWI by implementing Leandra’s Law in December 2009. Under this law, the following rules and penalties apply:
- First time DWI offenders driving with a child less than 16 years old may get a class E felony charge, punishable by up to four years in state prison.
- Courts must order all convicted DWI or aggravated DWI drivers to install and maintain an ignition interlock device (IID) on any vehicle owned and operated by such driver for at least six months.
- DWI drivers who cause the death of a child less than 16 years of age in the vehicle may be charged with a Class B felony, punishable by up to 25 years in state prison.
- DWI drivers who cause serious physical injury to a child less than 16 years of age in the vehicle may be charged with the Class C felony, punishable by up to 15 years in state prison.
Our Westchester County DWI defense attorneys are well aware of the devastating consequences a DWI conviction can impose and will work tirelessly to negotiate for the best possible outcome in your case. Our experience on the other side of the law has helped us form relationships with prosecutors that we can leverage to devise a solution that may help get your DWI charges reduced or dismissed altogether.
Ignition Interlock Devices
Under Leandra's Law, drivers with a DWI conviction are required to pay for and use their ignition interlock devices (IID) for at least six months. This is mandatory for first-time offenders, even if no child was a passenger in the car.
An ignition interlock device is a breathalyzer instrument installed in a vehicle. It can be viewed as a “mini-breathalyzer” test that requires drivers to breathe into the device and provide a breath sample. If alcohol is detected, the car won’t start. IIDs typically cost between $75 and $100 and carry a monthly fee ranging from $70 to $100. If you have questions regarding the installation and monitoring of your IID, the Westchester County Department of Probation handles these matters and may offer some answers. Click here to access their website.
To learn more about how a DWI charge affects your license, please visit our Drunk Driving License Implications page for information about driver's license suspensions and revocations.
What to look for in a DWI Lawyer
When you first speak to your lawyer, examine if they take the time to discuss your case. You can tell a lot about a DWI attorney as a professional and person if they simply take time to discuss your case before you hire them. Our DWI defense lawyers at Proto, Sachs & Brown, LLP encourage you to ask yourself the following questions when choosing your DWI defense:
Is the lawyer passionate about my case?
You want a lawyer who will do everything in their power to aggressively defend your DWI charge. If you think the attorney treats you as just a number or goes through the motions to close your case, you should rethink your legal defense.
Should I hire a law firm or solo practitioner?
A solo practitioner can easily run into problems if they are sick, have an emergency, go on vacation or are consumed with a trial or other legal matter. By contrast, a law firm has multiple lawyers available to answer your questions, analyze your case from different legal perspectives and utilize more resources in the defense of your case.
How much do DWI lawyers charge?
While most lawyers charge a flat rate for their services, the fee to defend a DWI charge depends on the complexity of the case. Understand that the cheapest lawyer is not always the best lawyer but above all, the fee should be reasonable. Determining legal fees can be complex but your final agreement regarding the fee should not be. The lawyer should clearly explain the fees and you should always walk away with a written agreement.
How Our Experienced Westchester County DWI Attorneys Can Help
The highly skilled and experienced DWI defense lawyers at Proto, Sachs & Brown, LLP have successfully handled countless DWI/DWAI cases throughout Westchester County and surrounding counties. Our Westchester County DWI attorneys are former prosecutors who are now dedicated to your defense.
Our Westchester County DWI lawyers make the following commitments to their clients; we will promptly return your telephone calls, meet with you to discuss aspects of your case, work tirelessly to protect your rights, and give your case the attention it requires to be successful. With you future on the line, you should trust the hardworking attorneys at Proto, Sachs & Brown, LLP.
In addition to Westchester County, our DWI attorneys represent our clients in the following areas - Bedford, Dobbs Ferry, Greenburgh, Harrison, Mamaroneck, Mount Vernon, New Rochelle, Larchmont, Tarrytown, Ardsley, New Rochelle, Cortlandt, Croton-on-Hudson, Elmsford, Peekskill and White Plains.
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