DUI

DWIs Are Not Traffic Violations

If you have been charged with a DWI in Westchester County, New York, our goal is to help you and we take our jobs as defense attorneys seriously.

Take a moment today and contact us for a FREE case evaluation at (914) 712-6878.

Alcohol offenses are serious. A DWI in Westchester County, NY can cause difficulties beyond just facing the criminal charges. Fortunately for our many DWI clients, at Riebling & Payton, PLLC, we employ a number of effective defenses to fight your pending DWI charges.

If you are convicted of a DWI charge in New York, you may face:

  • Jail Time
  • Loss of Driving Privileges or a Suspended Driver’s License
  • Substantial Fines
  • Higher Insurance Premiums
  • Installation of an ignition interlock device
  • Permanent Criminal Record

This list of consequences is serious, but our team of dedicated DWI attorneys in White Plains, NY and Mount Kisco, NY will fight on your behalf. Whether challenging the legality of your traffic stop, arrest, or breathalyzer results or negotiating reduced charge to keep you out of jail, our defense lawyers are ready to explore every option to secure the best outcome given the facts of your specific case.

For a free DWI case analysis, contact our team right now at (914) 712-6878. We’re always here, and ready to help you.

UNDERSTANDING THE COMPLICATED LAW OF DWI

Any driver who operates a motor vehicle with a blood alcohol content (BAC) level of 0.08% or more will be charged with DWI. It sounds relatively straightforward but as simple as the charge may seem, DWI and related charges are more complicated and New York has some of the toughest DWI laws in the nation. In fact, there are various charges an intoxicated or impaired driver may face beyond a “basic” DWI offense.

To convict someone of DWI, the District Attorney must provide the court with evidence establishing guilt beyond a reasonable doubt. This evidence may include a breath test (breathalyzer) results revealing the driver’s BAC and police observations which include what the police officer saw, smelled, and heard at the scene of the stop. Other forms of evidence include urine or blood test results showing the driver’s BAC level. However, evidence such as breath tests or police observation is not always reliable. Breath tests can be inaccurate and prone to human error. For example, there are mitigating factors that Breathalyzers do not take into account, such as the driver’s weight, age, gender, or ingestion of medication. Incorrect breathalyzer results occur, but the prosecution may try to use that reading against the driver anyway. Similar issues may arise with evidence provided through officer observations. In-field sobriety tests are not highly regulated and are totally open to the arresting officer’s interpretations. Though completely subjective, officer observations are commonly used as the prosecution’s evidence in a DWI case.

There are a multitude of legal defenses a driver may be able to assert when he or she faces a DWI charge. A skilled defense lawyer at Riebling & Payton, PLLC will be able to analyze your case and determine whether any of those legal defenses apply to your case. Our experienced lawyers will also be able to handle hearings, plea bargaining, expert witnesses, and trial if necessary.

DEFENDING THE DWI CASE

The Stop

Attorneys who do not practice DWI defense may be unfamiliar with the grounds upon which the police may lawfully stop a vehicle, approach a parked vehicle, or confront an individual who just left his vehicle to enter a home or a store. In DWI Checkpoint cases, it is vital to understand what constitutes a proper checkpoint.

The Arrest

Before an officer can arrest a driver for DWI, they must have adequate probable cause. An officer forms probable cause based on his observations of the driver, oral admissions, performance of field sobriety tests, and the administration of a preliminary breath test.

Chemical Tests in DWI cases

In order for an attorney to handle a DWI charge competently, they must comprehend the different chemical tests that could be used and how they are administered. DWI defense firms understand what physical ailments, medications, and other things that may make an individual appear that they are intoxicated when they are not.

Categories