Westchester County DWI Attorney

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Have you been arrested and charged with a DWI crime in Westchester County, NY or a surrounding area? If so, you need to protect your rights immediately with our Westchester County DWI attorney.

What is DWI in New York?

Driving while intoxicated (DWI) is a serious crime in New York. DWIs can result in heavy penalties which include loss of driving privileges, fines, and jail time.

There are five factors taken into consideration to determine the degree of impairment:

1. Amount of alcohol consumed
2. If you've eaten
3. Body weight
4. Time spent drinking
5. Gender

Defenses Against DWI Charges in New York

If you've been arrested for driving while intoxicated in Westchester County, the following are possible defenses:

• Challenging the validity of the traffic stop
• Disputing the accuracy of field sobriety tests
• Questioning the accuracy of blood alcohol content (BAC) tests
• Challenging the admissibility of evidence
• Arguing that you were not actually impaired

What is a Common Law DWI in NY?

A common law DWI in New York is a driving while intoxicated (DWI) charge that is proven without a blood alcohol content (BAC) test. 

Unlike a "per se" DWI, where a BAC of 0.08% or higher is considered intoxication, a common law DWI relies on other evidence to show the driver was under the influence. 

This evidence can include field sobriety tests, officer observations of driving behavior, slurred speech, and physical signs of intoxication.

BAC & DWI Laws in New York

Those who are found driving with a blood alcohol concentration higher than the legal limit in NY can face charges for driving while intoxicated. 

According to NY DWI laws, a driver is considered legally intoxicated if they have a blood alcohol content of 0.08% or above.

The legal limits for blood alcohol concentration (BAC) are as follows:

• 0.08% for drivers over the age of 21
• 0.04% for drivers of commercial vehicles
• 0.02% for drivers under 21

Even if a driver's blood alcohol content is below 0.08%, they can still be charged with a DWI if they exhibit signs of impairment.

What is the Difference Between a DUI and a DWI in New York State?

New York does not use the term DUI (driving under the influence) in its laws. 

Instead, New York uses the terms DWI (driving while intoxicated) and DWAI (driving while ability impaired). 

DWI and DWAI are the two primary drunk driving offenses in Westchester, New York. 

Ensure Your Rights Are Protected with Legal Representation

If you find yourself facing DWI charges in New York, don't go through this alone. 

Our Westchester County DWI defense lawyers are well-equipped to defend you and ensure your rights are protected.

types of Dwi charges in NY

In many NY cases, law enforcement will tack on other charges to build a stronger DWI case for prosecution.

• Driving While Ability Impaired (DWAI) applies to anyone who drove while impaired, and may differ depending on whether drugs or alcohol were involved. 
• Aggravated DWI describes charges given to an individual whose BAC was 0.18% or higher. 
• Also, actions such as refusing to undergo chemical testing or breaking the Zero Tolerance Law could also affect your charges.

Do not let these extra charges intimidate you. These charges are often used as bargaining chips so the defense will focus on dismissing them instead of the original charge. 

Our goal is to address every charge our clients are facing. You deserve a defense that will do everything in their power to defend your rights and reputation.

What is New York's Implied Consent Law?

In the state of New York, if you are arrested for DWI than you automatically consent to taking a chemical test to determine your blood alcohol content (BAC). You do have the right to refuse these tests but this will lead to penalties such as a license suspension and fines.

Reasons to choose our DWI team in Westchester County, New York:

• Hundreds Of Felony Cases Successfully Handled
• After Hour Appointments Available
• Free Case Consultations Provided
• Compassionate Representation & Aggressive Advocacy
• A Former Prosecutor Defending Your Legal Rights

Defenses Against DWI Charges in New York

• Challenging the validity of the traffic stop
• Disputing the accuracy of field sobriety tests
• Questioning the accuracy of blood alcohol content (BAC) tests
• Challenging the admissibility of evidence
• Arguing that you were not actually impaired

What Are The Penalties For DWI In new york?

The penalties you might face for a DWI conviction depend on certain factors, including age, license type, and testing cooperation.

If you are under the age of 21 and charged with a DWI for the first time, you can expect to face:

• a 6 month license suspension,
• a $125 fine, possible education courses,
• and possible ignition interlock device installment.

These same penalties can only get harsher with each additional conviction.

First time DWI penalties for drivers 21 and older can include:

• 90 day license suspension
• A $500 - $750 dollar fine
• Up to 15 days in jail
• Education and responsibility programs

For each additional DWI charge in NY, penalties increase. In addition, penalties can also intensify if drugs were involved or if any passengers were in the vehicle.

How Riebling & Payton, PLLC Can Help

Our Westchester DWI lawyers at Riebling & Payton, PLLC have handled countless DWI cases. For over 15 years, they have been defending the rights of the accused and fighting on behalf of their clients in court.

With their dedicated services, it may be possible to get your charges lessened or even dismissed. Our Westchester County DWI attorneys always provide clients with personalized attention.