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. Our familiarity with the local legal landscape, including specific court procedures and personnel, provides an advantage when crafting a defense tailored to the unique aspects of your case. This local insight allows us to anticipate potential challenges and opportunities within the Westchester County DWI legal system.

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. 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. 

Schedule a FREE consultation with our DWI defense attorneys to see how we can help you today!

Learn About 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.

Contact the Westchester County DWI defense lawyers at Riebling & Payton, PLLC today to learn how we can help you. Free Case Reviews at (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.

Navigating Westchester County's Court System

Navigating the court system in Westchester County can appear daunting, especially for those unfamiliar with local laws and procedures. The county's legal system is structured to handle a significant volume of DWI cases each year, with dedicated personnel and judges well-versed in interpreting New York's DWI Laws. At Riebling & Payton, PLLC, our legal team leverages an in-depth understanding of the processes and key players involved, enabling us to provide you with strategic advice and representation tailored to the distinct aspects of the Westchester courts. Our attorneys assist you every step of the way, from pre-trial procedures such as arraignments to subsequent court hearings, ensuring all requisite documentation and filings are meticulously managed.

Our understanding of the local courtroom dynamics and prosecution styles allows us to craft compelling defense strategies that resonate with Westchester judges and juries. Whether negotiating plea deals or proceeding to trial, our attorneys work diligently to defend your rights and pursue the most favorable outcome. During this process, we ensure you are informed and empowered, reducing the stress associated with court proceedings while offering reassurance and clarity on available legal options.

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.

Frequently Asked Questions

What Should I Do Right After a DWI Arrest in Westchester County?

After a DWI arrest in Westchester County, it's crucial to remain calm and composed. The initial steps you take can significantly impact the progression of your case. First, you should record all relevant details of the arrest as soon as you can, including the conditions at the time, any statements made by law enforcement, and the sequence of events. Contacting a qualified DWI attorney in Westchester County, such as those at Riebling & Payton, PLLC, should be your next priority. Our legal team will guide you through the initial stages, explaining potential charges and advising on the best course of action tailored to your individual situation. Remember, it is your right to remain silent and request legal representation, which can prevent you from inadvertently self-incriminating.

How Can a DWI Lawyer Help Reduce My Charges in Westchester County?

A DWI lawyer can provide invaluable support when facing charges, particularly when familiar with Westchester County's legal system. They will thoroughly evaluate the prosecution's evidence, identify weaknesses or procedural errors, and negotiate expertly with prosecutors to seek a reduction of charges or penalties. At Riebling & Payton, PLLC, our attorneys draw from years of experience and a proactive defense approach to protect your rights. We strive to challenge the results of breathalyzer tests, examine the legality of your traffic stop, and scrutinize the methods used to administer field sobriety tests. By targeting these and other aspects of the legal process, we aim to reinforce your case's standing and work towards a ruling that lessens potential repercussions.

What Are the Risks of Handling a DWI Case Without an Attorney?

Handling a DWI case on your own in Westchester County can be fraught with challenges and risks that could adversely affect the outcome. The legal intricacies associated with DWI charges mean that even minor mistakes or oversights can lead to severe consequences, including elevated fines, a prolonged license suspension, or even jail time. An experienced DWI lawyer from Riebling & Payton, PLLC knows the nuances of the law and has the acumen needed to navigate the complexities of the court system on your behalf. Without legal representation, you might miss key defenses or negotiation opportunities that a skilled attorney would identify. Relying on professional legal assistance ensures that your case is handled with due diligence and that all potential avenues for defense are explored thoroughly.

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. This rapport is crucial as it ensures alignment in defense strategy and communication, resulting in a comprehensive approach tailored to your needs.

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 today!