DWI / DWAI / OUI / DUI Defense in Westchester County, NY
Get Help from a Westchester County DWI Criminal 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. Having a proven Westchester County DWI 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
Understanding the DWI / DWAI Laws in Westchester, New York
Driving While Intoxicated
- In Westchester County and under New York State DWI Laws, 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
- Any DWI charge in Westchester County, whether it's a misdemeanor or felony carries severe consequences, including license suspensions and/or revocation. If you are charged with a DWI misdemeanor in Westchester County, NY 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
- In some instances, drivers in Westchester, NY 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
- The aggravated driving while intoxicated laws in New York State prohibit 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 Drugs & Alcohol
- In New York State, drivers are strictly prohibited from operating a motor vehicle while impaired by the combined influence of alcohol and any drug or drugs. The Westchester County District Attorney's Office takes these charges seriously and it's important that you have an experienced Westchester DWI defense attorney to protect your rights.
The Child Passenger Protection Act & Leandra's Law
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 Westchester County residents have been arrested under the law, and it is vitally important that you contact our experienced Westchester 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. In Westchester County, NY, the installation and monitoring of this device is done by the Westchester County Department of Probation.
Proudly Serving Westchester, Dutchess, Rockland and Putnam Counties
The highly skilled and experienced DWI defense lawyers at Riebling, Proto & Sachs, LLP have successfully handled countless DWI/DWAI cases throughout:
- Westchester County
- Dutchess County
- Orange County
- Rockland County
- Putnam County
- Bronx County
Schedule Your Free Initial Consultation Today: (914) 840-5104
If you have been charged with DWI/DWAI in Westchester County, NY, Riebling, Proto & Sachs, LLP is here to protect your rights and your driver's license. Contact us online or by telephone at (914) 840-5104 to speak with one of our Westchester County DWI criminal defense attorneys.