Westchester County DWI Attorneys

Have A Former Prosecutor Defend Your DWI Case

If you have been arrested for a DWI (NY VTL 1192) in New York, it is crucial that you have an experienced DWI attorney in Westchester County aggressively defend your case. In Westchester County, NY, a DWI arrest and conviction can have severe long-term impacts, as the penalties associated with a DWI can last for years.

At Riebling & Payton, PLLC, we pride ourselves on working diligently to ensure our clients receive the strongest defense possible. We strive to work with you to ensure your questions are fully answered and your concerns are addressed. With offices throughout Westchester County, including White Plains and Mount Kisco, our DWI lawyers can conveniently meet with you. 

Schedule a FREE consultation with our Westchester County DWI defense lawyers at Riebling & Payton, PLLC today to learn how we can help you. Call (914) 712-6878 or reach out online.

Understanding DWI/DWAI Laws in Westchester County, NY

• Driving While Intoxicated (DWI) - Under New York State VTL § 1192, anyone operating a motor vehicle with a blood alcohol concentration (BAC) of .08 or above can be arrested and charged with the misdemeanor crime of driving while intoxicated or DWI.
• Misdemeanor & Felony DWI - A misdemeanor DWI carries a sentence of up to one year in county jail or three years' probation, fines, and an ignition interlock device. If charged with a felony, you could face state prison time or five years' probation, fines, and an ignition interlock device. Anyone with a prior DWI conviction within the past ten years of a new DWI charge will be charged as a felony in Westchester County.
• Driving While Ability Impaired (DWAI) by Alcohol - Charged under New York State VTL § 1192.1, DWAI is a violation and not a criminal charge. New York State VTL § 1192.1 applies to individuals operating a motor vehicle with a BAC between .05% and .07%. Penalties can include a $300 - $500 fine, up to 15 days in jail, or both.
• Driving While Ability Impaired (DWAI) by Drugs - Charged under New York State VTL § 1192.4, DWAI Drugs applies to any person operating a motor vehicle while impaired by drugs. It is crucial to understand that the consequences of a DWAI by Drugs charge are severe and may require a comprehensive defense to prevent long-lasting impacts on your life.
• Aggravated Driving While Intoxicated - Charged under New York State VTL § 1192.2(2a), a person driving a motor vehicle with a BAC of .18% or more faces this charge. This charge carries elevated penalties, including a much longer license revocation and even higher monetary fines. Understanding these severe penalties underscores the importance of having well-prepared legal defense strategies.

DWI Penalties in New York

Under New York’s DWI Laws (Vehicle and Traffic Law Section 1192), Westchester County judges can impose various penalties depending on the circumstances of your arrest. 

• Jail/Prison Time: Ranging from days (DWAI) to up to a year in county jail (DWI/Aggravated DWI), or several years in state prison for felony DWIs.
• Fines: From hundreds to thousands of dollars.
• Driver Responsibility Assessment (DRA): Mandatory annual fees to the Department of Motor Vehicles (DMV) for 3 years, totaling $750 for most DWI/DWAI convictions, and potentially $2,250 for those with 6 or more points or multiple offenses. This is a significant financial burden on top of fines.
• License Suspension/Revocation: Ranges from 90 days for DWAI to minimum 6 months or more for DWI, and 1 year or more for felony DWIs, or even permanent for repeat offenders (three or more alcohol or drug-related convictions or refusals within 10 years).
• Ignition Interlock Device (IID): Mandatory installation in your vehicle(s) for at least 1 year (for DWI and Aggravated DWI, and some felony DWIs), at your expense. This device prevents your vehicle from starting if it detects alcohol on your breath and requires rolling retests while driving.
• Mandatory Programs: All DWI/DWAI convictions require completion of the Victim Impact Panel (VIP) and the Drinking Driver Program (DDP, a 16-hour alcohol and drug education program). Failure to complete these will result in indefinite license suspension.
• Increased Insurance Premiums: Your auto insurance premiums will skyrocket, as you will be considered a high-risk driver. Some insurers may even refuse coverage.

A DWI conviction in New York carries significant and lasting consequences beyond direct penalties. It results in a permanent criminal record, severely limiting future employment opportunities, often leading to professional license suspension or revocation. For non-U.S. citizens, it can trigger severe immigration consequences, including deportation. Beyond the immediate suspension, new "lifetime look-back" regulations allow the DMV broad discretion to deny future driving privileges, potentially leading to permanent denial. You also face immense financial strain from fines and associated costs, a damaging social stigma, and travel restrictions to certain countries.

Westchester County DWI defense attorneys Stephen Riebling and Marcia Payton have decades of proven experience to help minimize the risk of serious penalties, such as jail time, probation, and loss of your driver's license. 

Don’t face your DWI arrest alone. Our Westchester County DWI defense lawyers will discuss all aspects of your case and develop a specific legal defense tailored to your circumstances to protect your rights. Call now - (914) 712-6878

Leandra's Law in New York

Leandra’s Law, named after an eleven-year-old tragically killed by a drunk driver, imposes some of the toughest DWI provisions in the country. Enacted to enhance penalties when children are at risk from impaired driving, this law requires individuals convicted of a DWI offense with a child in the vehicle to face serious repercussions.

Under New York Vehicle and Traffic Section 1192(2-a)(b), the following apply:

• It is an "E" felony, punishable by up to four years in prison for a first-time offender, to drive intoxicated or impaired by drugs with a child fifteen years old or younger in the vehicle.
• It is a "C" felony, punishable by up to fifteen years in prison if a child sustains a "serious physical injury.”
• It is a class "B" felony, punishable by up to twenty-five years in prison with a minimum of five years incarceration, if a child dies due to intoxicated driving.

These additional penalties can also be imposed:

• Up to $5,000 in fines, but no less than $1,000.
• Five years probation depending on the severity of the child’s injuries.
• License revocation for at least a year.
• Attendance at a Victim Impact Panel.
• A $520 surcharge and a three-year DMV assessment totaling $750.
• Installation, at your expense, of an ignition interlock device.

Having our combined 50+ years of experience on your side gives you an advantage in defending your case. We will work diligently to devise an outcome that may result in your DWI charges being reduced or dismissed.

Building a Strong Defense in Westchester County

Constructing a solid defense for DWI charges in Westchester County involves an in-depth analysis of each client's unique circumstances. At Riebling & Payton, PLLC, our approach is rooted in a meticulous review of all evidence presented, including the conditions of the traffic stop, the reliability of field sobriety tests, and the administration of any chemical tests. Our legal team, led by accomplished attorneys with backgrounds as former prosecutors, is adept at identifying procedural flaws and discrepancies that may aid in the dismissal or reduction of charges.

The firm’s comprehensive defense strategy may encompass interviewing witnesses, consulting with forensic experts, and utilizing advanced litigation techniques tailored to the Westchester County legal environment. By integrating our extensive legal knowledge with a personal commitment to each client, we strive to develop a defense that is both robust and effective. Our focus remains steadfastly on protecting your rights and working towards securing an outcome that minimizes the impact of the charges on your life.

Potential defenses we may employ include:

• Unlawful Stop/Arrest: If the police lacked reasonable suspicion for the traffic stop or probable cause for the arrest, any evidence obtained can be suppressed, potentially leading to dismissal.
• No "Operation" or "Actual Physical Control": Arguing that you were merely in the vehicle but not operating it or intending to operate it (e.g., sleeping in a parked car, waiting for a ride).
• No Intoxication/Impairment: Challenging the prosecution's ability to prove you were intoxicated or impaired to the "less safe" degree, based on officer observations or FST performance.
• Challenging Prior Convictions: If this is a repeat offense, we investigate the validity of prior DWI convictions to prevent their use for enhancement purposes (e.g., if you were not represented by counsel in a prior case, or the prior plea was invalid). This can be crucial in avoiding felony charges.
• Miranda Rights Violations: If statements were obtained improperly after arrest.
• Prescription Drug Defenses: For DWAI-Drugs or DWAI-Combination, proving the drug was legally prescribed and used as directed, and did not cause the alleged "impairment."
• Medical Conditions: Presenting evidence of medical conditions that mimic signs of intoxication (e.g., diabetes, neurological disorders, recent head injury).

Learning About Your DWI Defense Lawyer

Take the time to learn about your DWI lawyer, their experience, and their impression of your case. A thorough understanding of your lawyer's background, especially their familiarity with local courts and laws in Westchester County, can enhance your confidence and engagement in the legal process.

At Riebling & Payton, PLLC, we will encourage you to ask questions and we will explain step-by-step how your case will proceed in court. Our DWI defense attorneys have handled countless DWI cases over the years and have built a reputation as trustworthy and aggressive advocates for their clients. With an approach that combines deep legal insight with personal dedication, we strive to provide a defense that not only addresses the immediate legal challenges but also helps pave the way for our clients' futures.

Attorneys Stephen Riebling and Marcia Payton work closely together to explore your defense options and analyze your case. Having this approach, looking at things from different legal perspectives, has proven incredibly successful over the years.

Schedule Your Free Initial Consultation Today - (914) 712-6878

For decades, our DWI defense lawyers have utilized their skill and experience to provide results for our numerous DWI/DWAI clients throughout Westchester County including: Bedford, Mount Kisco, Dobbs Ferry, Greenburgh, Harrison, Rye, Yonkers, Mamaroneck, Mount Vernon, New Rochelle, Larchmont, Tarrytown, Ardsley, New Rochelle, Cortlandt, Croton-on-Hudson, Elmsford, Peekskill, and White Plains. Our extensive network and collaborations across these areas enable us to offer precise, tailored, and strategic legal services. By leveraging local laws and practices, we ensure that our clients' defenses are robust and contextually relevant.

If you are facing DWI or DWAI charges, get the defense you deserve by contacting us online or calling (914) 712-6878!