DWI Defense

DWI Defense Attorneys Prepared To Fight For You

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

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.

Learn more about how our Westchester County DWI attorneys can help by contacting the firm! We have offices in Mount Kisco and travel to New York City for client meetings.

  • DWI Penalties
  • Ignition Interlock Devices
  • License Suspension or Revocation
  • Underage DUI
  • Leandras Law
  • DMV Refusal & Safety Hearing
  • The Difference Between DWI & DWAI
  • Man Charged with Criminal Possession of a Gun at Westchester Airport Has Charges Dismissed
  • Multiple Felony Charges
  • Client Wins CPS Fair Hearing to Amend “Indicated” Report to “Unfounded”
  • Assault in the First Degree and Criminal Possession of a Weapon in the Second Degree
  • Assault in the First Degree and Assault in the Second Degree

Our DWI Lawyers Help You Fight Every Charge

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:

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.

With their dedicated services, it may be possible to get your charges lessened or even dismissed. Call (914) 712-6878 to schedule a free consultation—we even schedule meetings after-hours. Our Westchester DWI lawyers provide clients with personalized attention.

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Answers from Our Westchester County Criminal Defense Lawyers

  • It is likely that if you ask your civil attorney to represent you in a criminal case they will advise you to find an experienced criminal defense attorney. Civil and criminal trials require very different skill sets, and it is exceedingly rare to find a lawyer who regularly practices in both areas. A criminal defense attorney has dedicated their entire career to working with law enforcement, learning how to gather evidence, and collecting all the details relevant to a criminal trial. It is in your best interests to find a legal counselor who works in this realm day in and day out. Our attorneys have experience as both criminal prosecutors and defense attorneys, meaning they has comprehensive knowledge of how the legal system works from both sides.
  • Law enforcement officials often tack on as many charges as they can onto a defendant in order to land at least one conviction. It can be easy to feel overwhelmed when you hear a long list of charges levied against you, but it is important that you do not panic. In many cases, several of these charges can be dismissed with the help of an accomplished attorney. Oftentimes a prosecutor will try to tempt a defendant into a plea deal by offering to drop charges, but you should never agree to this without speaking to an experienced defense attorney. The goal of your defense counsel will be to see all of the charges against you dismissed or reduced.
  • In the state of New York, DWI convictions can carry penalties of license suspension, fines, mandatory education programs, installments of Ignition Interlock Devices, and even jail time. Certain factors, including the involvement of drugs, the number of times you've been convicted, and the age of the driver can all affect the penalties you face.
  • Although many white collar crimes are punishable by law, some are punished more severely. For example, individuals who are involved in wire fraud, mail fraud, healthcare fraud, mortgage fraud, insurance fraud, and money laundering and are found guilty will likely find themselves in jail.
  • Yes, and your chances are much higher without the help of an attorney. Punishment for violent crimes will vary depending on the category of the crime and the decision that the judge makes. For example, a conviction of a misdemeanor crime will have less jail time than a felony. Learn more by talking to a lawyer directly.

Why Choose Riebling & Payton, PLLC?

  • Award-Winning & Peer Recognized
  • Experience, Insight, and Results over a Combined 5 Decades of Practice
  • Former NYC Narcotics Prosecutor
  • Free Initial Consultations
  • Westchester's Foremost Criminal Defense Trial Attorney

Put Qualified Attorneys on Your Side

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