DWI / DWAI / OUI / DUI in New York
Westchester County DWI Defense Lawyer
Have you been arrested and charged for drunk driving in Westchester, Dutchess, Orange, Rockland, Bronx or Putnam County, New York? If you have been charged with DWI/DUI or DWAI, you are facing serious penalties that can impact your life for years. A Westchester County criminal defense lawyer may dramatically reduce the probability that you will face such serious consequences.
The DWI defense attorneys at Riebling, Proto & Sachs, LLP will provide you with a personalized legal defense and vigorously defend and protect your rights. We will help you understand the drunk driving license implications throughout the pendency of your case and what effect a DWI conviction will have on your
driver's license. These include license suspensions and revocations.
New York State DWI / DWAI Laws and Charges
Driving While Intoxicated - DWI Charges. By the New York State DWI Law, a person who is 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, which is commonly known as "DWI". If you were already convicted of a DWI in the last ten years prior to your new DWI charge, you may even be charged with a felony.
Misdemeanor and Felony DWI Charges. Any DWI charge, whether it’s a misdemeanor or felony carries severe consequences, including license suspensions and/or revocation. If you are charged with a DWI misdemeanor you will be facing up to one year in the county jail or three years' probation, a hefty fine and an ignition interlock device. If you are charged with a felony you will be facing state prison time or five years' probation, a hefty fine and an ignition interlock device.
Driving While Ability Impaired by Alcohol -DWAI Charges. In some instances, drivers are charged with
driving while ability impaired by alcohol which is commonly referred to as "DWAI". This drunk driving charge is not a criminal charge and applies to individuals who are operating a motor vehicle with a blood alcohol concentration that is between .05 and .07. Although the charge is not criminal, DWAI penalties can include a $300 - $500 fine, up to 15 days in jail, or both.
Driving While Ability Impaired by Drugs. A DWAI charge can also apply to a person who is operating a motor vehicle whose ability to operate the motor vehicle is impaired by drugs. Depending on the circumstances this charge can be either a misdemeanor or felony.
Aggravated Driving While Intoxicated, which prohibits a person from driving a motor vehicle with a BAC of .18 or more. The main difference between the DWI under .18 and this charge is that a person faces much longer license revocation and even higher hefty fines.
Driving While Ability Impaired by the Combined Influence of Drugs and Alcohol, which prohibits operating a motor vehicle while impaired by the combined influence of drugs or of alcohol and any drug or drugs.
The Child Passenger Protection Act or “Leandra’s Law” provides stiff prison penalties for someone convicted of a DWI when a child under age 16 is in a car at the time of the offense. If a child passenger was injured or killed because the driver was intoxicated or impaired by drugs, the driver may face 15-25 years in prison. Leandra's Law made New York's consequences for drunk driving among the strictest in the nation. Hundreds of New Yorkers have been arrested under the law, and it is vitally important that you contact our experienced DWI defense lawyers to ensure that you are protected against these consequences.
Under Leandra's Law, all drivers with any DWI conviction are required to use ignition interlock devices for at least six months. The devices are mandatory even for first-time offenders, and also even if no child was a passenger in the car. Drivers must pay for the equipment installation and maintenance themselves.
Ignition Interlock Devices
An ignition interlock device is a breathalyzer instrument installed in a vehicle. In order to start the car, the driver must breathe into the device and provide a breath sample. The car will not start if alcohol is detected. According to the New York State Department of Criminal Justice Services (DCJS), installation of an interlock device costs between $75 and $100, and there also is a monthly fee that ranges from $70 to $100.
For more information about how a DWI charge affects your license, please visit the Driver's License Implication section of this website for information about driver's license suspension and revocation.
If this is your first DWI offense, read about your defense options and alternatives at First Time DWI Offenses.
DWI Lawyers in White Plains & Westchester County
The highly skilled and experienced DWI/DWAI lawyers of Riebling, Proto & Sachs, LLP have successfully handled countless DWI/DWAI cases throughout:
- Westchester County: Peekskill, White Plains, Rye, Mt. Vernon, New Rochelle, Yonkers, Greenburgh, Bedford, Tarrytown, Port Chester, Yorktown, Harrison, Cortlandt, Mt. Kisco, Ossining, Sleepy Hollow, Dobbs Ferry, Eastchester, North Castle, Pleasantville, Somers, Mt. Pleasant and other local town and village courts in Westchester County.
- Dutchess County: Poughkeepsie, Wappingers Falls, Beacon, Fishkill, Patterson, Dover, East Fishkill and other local town and village courts in Dutchess County.
- Orange County: Newburgh, Middletown, Woodbury, New Windsor, Cornwall, Highland Falls, Highland Mills, Goshen, Monroe, Chester and other local town and village courts in Orange County.
- Rockland County: Nanuet, Nyack, Clarkstown, Orangetown, Haverstraw, Sloatsburg, New City and other local town and village courts in Rockland County.
- Putnam County: Kent, Carmel, Mahopac, Phillipstown, Southeast and other local town and village courts in Putnam County.
- Bronx County
Schedule Your Free Initial Consultation
If you have been charged with DWI/DWAI we are here to protect your rights and your driver’s license. Contact us online or by telephone at (914) 840-5104 to speak with an experienced DWI lawyer.