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New Rochelle DWI Defense Attorney: Defining DWI (Driving While Intoxicated)

Due to the growing social concerns and publicity, law enforcement in New Rochelle, NY has taken a zero tolerance approach to individuals stopped and charged with Driving While Intoxicated (DWI). In fact, over the recent years arrests for DWI have started to reach record highs throughout Westchester County.

DWI defense attorney Andrew Proto of Riebling, Proto & Sachs, LLP has dedicated himself to helping those charged with alcohol related offenses and defending those charged with DWI in the New Rochelle City Court.

Nationally recognized as a leading lawyer in New York in the area of DWI criminal defense, Mr. Proto was a featured author of Strategies for Defending DWI Cases in New York (2015 Edition). For his many DWI clients in the New Rochelle City Court, his experience, knowledge and resources have been incredibly valuable assets. Let his insight work for you as well.

What You Need to Know if You are Charged with DWI in New Rochelle

Most drivers are totally unaware of the penalties that may result from being arrested for and/or later convicted of a DWI related offense.

1. A Conviction for DWI (or driving while intoxicated) within New York State is a misdemeanor, meaning it is a criminal offense which will stay on your permanent record. A second offense for DWI within a ten year time frame will be charged as a felony and carries more severe penalties.

2. The Loss of Your Driver's License or Privileges within New York State. A conviction for DWI will result in a revocation of your New York State driver's license for a minimum six month period. A conviction for DWAI (a violation under the law) will result in a 90 day suspension (not a revocation). The main difference is that a suspension will end automatically, a revocation will not. Commercial drivers are face a suspension for a minimum of one year, regardless of the type of vehicle you were operating at the time of arrest.

3. Conditional Driving Privileges. At the exclusive discretion of the New York State DMV, you may receive a conditional license after a DWI conviction. Essentially, a conditional license allows a person to travel to/from employment, school and/or medical necessities (for both yourself and members of your immediate family) and, within the discretion of the New York State DMV, three personal hours of driving per week. The granting of a conditional license requires attendance at the Drinking Driver Program (DDP) which is a seven week program costing $175.00 and the payment of $75.00 to DMV for the conditional license.

4. Your Professional Licenses: Felony DWI conviction will subject you to a loss of your professional licenses. These licenses may include an attorney's bar association licenses, broker's licenses (including real estate, mortgage and stockbroker) and medical licenses.

5. Refusal to Give Breath/Blood/Urine Test When Asked by Police Officer at Scene: ANY refusal to submit to chemical test will result in a loss of your New York State driver's license (or privileges if you are an out of state driver) for a one year period. Conditional licenses are not granted to those who refuse the chemical test.

6. Possible Jail or Probation: A conviction for DWI is punishable by a sentence of up to one year in jail in New York State. The likelihood of jail increases dramatically either for a high BAC reading or if additional factors are involved such as a personal injury or property damage accident, a reckless driving charge a high speeding or other factors, such as going through a red light in a crowded intersection. If the Court requires probation, probation on a misdemeanor is three years in length while felony probation is five years in length.

We Will Protect You and Your Driver’s License

As your DWI defense attorney Andrew Proto pledges:

  • That your case will receive personalized attention
  • That you will be vigorously defended
  • That you will be kept informed

Do not delay in scheduling a free telephone consultation with Mr. Proto. During your consultations he will answer your questions and to discuss available options for fighting the DWI charges facing you.

He will undertake a thorough review of the facts, including a detailed analysis and investigation of the circumstances and evidence involved in your case. This is done to determine what may be useful in defending you against the likely arguments and claims of the prosecutor.

As every DWI case is personally handled by Andrew Proto you can be confident that you and your case are in good hands.

It is important that you take the crucial first step of having the right New Rochelle DWI defense attorney.

Contact Us now for your free consultation and learn more.