DWI Lawyer in Mount Kisco

Experienced & Compassionate Legal Defense in Mount Kisco, NY

Facing a DWI charge in Mount Kisco can be an overwhelming experience. At Riebling & Payton, PLLC, we understand the stress and uncertainty you may be feeling. Our dedicated team of attorneys, led by Stephen Riebling and Marcia Payton, brings nearly 50 years of combined legal experience to ensure that each client receives personalized attention and effective defense. 

As your trusted DWI attorney in Mount Kisco, we’re here to guide you through the legal process with professionalism and compassion. 

Every DWI case comes with its unique set of challenges, from understanding the intricacies of field sobriety tests to navigating Mount Kisco's legal landscape. Our attorneys, renowned as DWI lawyers near you, are well-versed in local laws and procedures, enabling them to tailor defense strategies specifically to your situation. 

Facing a DWI charge? We offer payment plans and free consultations. Contact our DWI lawyer in Mount Kisco to protect your future. Call (914) 712-6878 or reach out online.

Understanding DWI Laws in New York

In New York, the crime of Driving While Intoxicated (DWI) is primarily defined under New York Vehicle and Traffic Law (VTL) § 1192. The law makes it a crime to drive a motor vehicle while impaired by alcohol or drugs. The statute is unique in that it has several different levels of offenses, each with its own specific set of penalties. A knowledgeable DWI lawyer in Mount Kisco will meticulously analyze the specific details of your case to find any weaknesses in the prosecution's claims.

To convict you of a DWI, the state must prove, beyond a reasonable doubt, the following elements:

• Operation of a Motor Vehicle: The state must prove that you were in actual physical control of the vehicle.
• On a Public Highway: The state must prove that the vehicle was being operated on a "public highway" or other specified property.
• Impairment or Intoxication: The prosecution must prove that you were either impaired or intoxicated. This is typically established in one of a few ways:
  • Driving While Ability Impaired (DWAI): The state proves that you were driving with a blood alcohol concentration (BAC) of 0.05% to 0.07%. This is a traffic infraction, not a crime.
  • Driving While Intoxicated (DWI): The state proves that your BAC was 0.08% or greater. This is a misdemeanor criminal offense.
  • Aggravated DWI: The state proves that your BAC was 0.18% or greater. This is a more serious misdemeanor criminal offense.
  • DWI with Drugs (DWAI-Drug): The state proves that you were under the influence of drugs. This is also a misdemeanor criminal offense.

The prosecution's case often relies on a variety of evidence, including police officer observations of your driving, your performance on Field Sobriety Tests (FSTs), and the results of a breath or blood test. This highly subjective evidence is frequently ripe for challenge by an experienced Mount Kisco DWI defense attorney.

Classifications and Degrees of A DWI Offense in Mount Kisco

In New York, a DWI is a serious criminal offense. While a first offense is typically a misdemeanor, the penalties and potential for jail time increase significantly with the number of prior convictions and the presence of aggravating factors.

• First DWI Offense (Misdemeanor): A first DWI conviction is a misdemeanor. The penalties can include a fine of $500 to $1,000, a jail term of up to one year, and a license suspension of at least six months.
• Aggravated DWI (Misdemeanor): A first conviction for an Aggravated DWI (BAC of 0.18% or higher) is a misdemeanor. The penalties are significantly increased, including a fine of $1,000 to $2,500, a jail term of up to one year, and a license revocation of at least one year.
• Felony DWI: A DWI can become a felony in a few ways. The most common is a second DWI conviction within 10 years, which is a Class E felony. A third DWI conviction within 15 years is a Class D felony. A DWI with a child in the vehicle is also a felony.
• DWAI (Violation): Driving with a BAC of 0.05% to 0.07% is a traffic infraction, not a crime. The penalties are much less severe, including a fine of $300 to $500 and a license suspension of 90 days.

Additional penalties may include:

• Ignition Interlock Device (IID): You will be required to install an IID on your vehicle for a period of time. The IID is a device that prevents your car from starting if it detects alcohol on your breath.
• DWI Impairment Program: All DWI offenders are required to attend and complete a DWI Impairment Program.

Collateral Consequences

A criminal record for a DWI can make it incredibly difficult to find employment, obtain professional licenses, or secure housing. Many employers and professional licensing boards have zero-tolerance policies for these convictions, and landlords often deny rental applications to those with a criminal record.

Additionally, a felony conviction will result in a permanent ban on owning or possessing a firearm. For non-citizens, a criminal conviction can have severe immigration consequences, including deportation. The social stigma attached to these crimes can also damage your reputation and personal relationships.

The New York Criminal Defense Process for DWI Charges

The legal process following a DWI arrest can feel overwhelming, but it follows a predictable series of steps. Our job is to guide you through each stage, ensuring your rights are protected and that you have a strategic advocate in our corner.

1. Investigation and Arrest: The process begins with a traffic stop where the officer looks for signs of impairment. Remember, you have the right to remain silent and, in some cases, the right to refuse certain tests.
2. DMV Administrative Hearing: A DWI charge triggers two separate cases. You have a critical 15-day deadline to request a hearing to challenge the automatic suspension of your driver's license.
3. Arraignment: This is your first appearance before a judge where you will be formally notified of the charges and enter a plea. We will advise you on the appropriate plea and begin building your defense.
4. Discovery: We review all of the prosecution's evidence, such as police reports and dashcam footage, and file pre-trial motions to challenge the evidence.
5. Plea Negotiations or Trial: We engage in negotiations with the prosecutor to reach a favorable plea agreement, such as a reduction of charges to a lesser offense like a DWAI. However, we are always prepared to take your case to trial.
6. Sentencing: If you are convicted, we will present mitigating evidence and arguments to the court to seek the most lenient sentence possible.

Don't risk your license or freedom. We offer payment plans and free consultations. Contact our DWI lawyer in Mount Kisco to discuss your options. Call (914) 712-6878 or reach out online.