Westchester County DWI Attorney

Notice: If you are needing to sue for damages or a victim of a crime please reach out to a civil attorney or the police.

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

What Are the Most Common 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.

What Are New York's BAC & DWI Laws?

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.

What Are the Different 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.

Protect Your Rights with Experienced DWI Defense Attorneys

When facing DWI charges in New York, it's crucial to have a knowledgeable and experienced legal team on your side. At Riebling & Payton, PLLC, our DWI defense attorneys have a proven track record of successfully defending clients against DWI charges in Westchester County and throughout New York.

Our DWI defense services include:

• Thorough investigation of your case
• Development of a strong, tailored defense strategy
• Proactive representation backed by the insight from both sides of the courtroom
• Negotiation with prosecutors for reduced charges
• Securing a temporary driver's license while your case is pending

We understand the complexities of DWI laws and will work tirelessly to protect your rights and achieve the best possible outcome for your case.

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

Don't face DWI charges alone. Contact Riebling & Payton, PLLC today for a consultation with our experienced DWI defense law firm.

How Can I Get a DWI Dismissed in New York?

Fighting a DWI charge in New York can be a daunting process, but with the right strategy and legal representation, it is possible to get your DWI dismissed. One of the first steps in understanding how to get a DWI dismissed in NY is to hire an experienced DWI defense lawyer who is familiar with the intricacies of New York's DWI laws. Here are some common defenses that may be employed to seek a dismissal:

• Challenging the Traffic Stop: The initial traffic stop must be legally justified. If it can be shown that the police officer did not have probable cause to pull you over, any evidence obtained thereafter may be deemed inadmissible.
• Examining Field Sobriety Tests: Field sobriety tests are often used by officers to determine impairment. However, these tests can be flawed. Your lawyer can challenge the administration and accuracy of these tests, which could cast doubt on the validity of the charges.
• Questioning BAC Results: Blood alcohol concentration (BAC) tests must be conducted following strict protocols. Any deviation from these procedures can be challenged, and the accuracy of the results may be disputed.
• Reviewing Officer Conduct: The behavior and observations of the arresting officer are crucial in DWI cases. By questioning the conduct and the reliability of the officer's testimony, your lawyer can expose weaknesses in the prosecution's case.
• Evaluating Evidence Admissibility: Evidence gathered during your arrest must be handled and documented correctly. Any mishandling or chain-of-custody issues can be leveraged to seek a dismissal.

Working with a well-versed DWI defense lawyer in Westchester County can significantly increase your chances of having your charges reduced or dismissed. They will thoroughly investigate your case, identify any procedural errors, and build a robust defense tailored to your unique circumstances. Understanding how to get a DWI dismissed in NY involves scrutinizing every detail and leveraging legal insight to ensure your rights are protected throughout the process.

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.