Westchester County Criminal Defense & Family Law Attorneys
Free Consultation 914.840.5104
Your Award-Winning Legal Team for DWI Defense Vigorously Defending and Protecting Your Rights

DWI Defenses in Westchester County, NY

Peekskill & White Plains DWI Defense Attorneys

The crime of Driving While Intoxicated (DWI) falls under the New York State Vehicle and Traffic Law. In defending a DWI charge in New York State, the Westchester County criminal defense lawyers will explain to their clients what proof is necessary for a conviction. The criminal defense of a DWI charge in New York State usually focuses on what proof the District Attorney has against the accused. In Westchester, Putnam, Rockland, Dutchess and Orange Counties the criminal defense attorney has an early opportunity to review the proof.

The Charge of DWI

There are several charges under the DWI laws in New York State. Those charges include DWI based upon a BAC reading of .08 or greater (VTL 1192.2), DWI per se based upon the officers observations (VTL1192.3), Aggravated DWI with a BAC of .18 or above (VTL 1192 (2-a)(a)), DWI with a child in the car (VTL 1192 (2-a)(b)) or even DWAI by drugs (VTL 1192.4). These charges can be either felonies or misdemeanors depending on the accused history and/or facts of the case.

Understanding the BAC .08 DWI Charge (VTL - 1192.2)

To understand DWI in New York State it is best to review the pattern jury instructions that a judge must follow to find an accused guilty of the charge. The top DWI lawyers or litigation attorneys in general know that these instructions are the most important aspect of any case.

The pattern jury instructions are also helpful for a non-attorney to clearly understand the issues since they were written for non-attorneys to clearly understand the charge in a jury trial situation. Even if there is no jury these instructions will be used for the judge to determine guilt.

DWI Defense Strategy

Prior to trial, the jury instructions must be consulted by the Westchester County DWI attorney to determine if the government can prove the charges against an accused. All proof by the government must be "Beyond a Reasonable Doubt."

Misdemeanor/Felony BAC Above .08 Jury Instructions

"Under our law, no person shall operate a motor vehicle while such person has a .08 of one per centum or more by weight of alcohol in the person's blood as shown by a chemical analysis of such person's blood, breath, urine or saliva"

This is what the government needs to prove. The instructions further define the crime as follows:

  • "Motor Vehicle means every vehicle operated or driven upon a public highway (private road open to motor vehicle traffic or a parking lot) which is propelled by any power other than muscular power"
  • "Operate a motor vehicle when such person is sitting behind the wheel of a motor vehicle for the purpose of placing the vehicle in motion and when the motor vehicle is moving or even if it is not moving the engine is running"
  • BAC test "In this case the device used to measure blood alcohol content was ____. That device is a generally accepted instrument for determining blood alcohol content". "You must consider the qualifications and reliability of the person who gave the test , the lapse of time between the operation of the motor vehicle and the giving of the test, whether the device used was in good working order at the time the test was administrated and whether the test was properly given."

When charged with any type of DWI crime it is essential to know the elements of the crimes (as noted above) and the proper defenses. An aggressive strategy is usually the best criminal defense. Contact us today.

Why You Should Choose Our Law Firm

  • Experience & Perspective

    65+ years of combined experience, including criminal prosecution

  • Published Legal Authors

    Co-authored national bestsellers on DWI and criminal defense

  • Award Winning

    Avvo Clients’ Choice Award for Family Law and Criminal Defense

  • Premier Counsel

    Selection for Super Lawyers® (top 5% of New York attorneys)

Get Started with a Free Confidential Consultation

  • Please enter your name.
  • This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.

Read What Our Clients Have To Say:

  • “I had spent three years working hard for 0 points on my license, so the small investment in RPS for a good defense seemed a good idea.”

    Oliver T.
  • “I always knew what was going on with my case and I could tell he was putting in extra effort to help me.”

    Former Client
  • “David Sachs is a fantastic lawyer and overall good guy”

    J.B.
  • “With me every step of the way”

    Kara
  • “Delivered the on the results!”

    Patrick
  • “Honest and Dependable and Caring”

    Thomas J.
  • “Exceeded My Expectations”

    Samir K.
  • “David Sachs and Andrew Proto demonstrated strong character, punctuality, support and constantly searching for all options to win my both cases, and they made it possible.”

    Adela L.
  • “The best part was anytime I needed to speak with Andrew, he was available and always offered to answer my questions even on weekends.”

    Former Client
  • “He defended me successfully and I was found not guilty. I am grateful to Andrew for seeking and defending justice.”

    Former Client
  • “Outstanding lawyers. You have got to talk to them!”

    Former Client
  • “I was lucky to have such an open and compassionate lawyer.”

    Former Client
  • “Thank you for saving my driving record.”

    Former Client
  • “It was also obvious to me that the judges and even the prosecutors know and liked Andrew which I believe made him lawyer much more effective and successful in my case.”

    Ricky C.
  • “Mr. Riebling is very professional, knowledgeable and confident.”

    Marcella J.