White Plains DUI Lawyer

40+ Years' of Combined Experience Defending DUI Cases

Have you been accused of driving while intoxicated? A DWI charge, while not uncommon, may result in serious professional and personal consequences. A lot of attention has been drawn to drunk driving over the past couple of decades, and consequently, local law enforcement may especially target DWIs in an attempt to reduce drunk driving. In the same vein, prosecutors will likely seek maximum penalties for those charged—penalties that continue to be expanded by new legislation.

At Portale Randazzo LLP, we believe your life should not be defined by an accusation. A criminal charge for driving while intoxicated may feel overwhelming; fortunately, there are a variety of defenses that can be used on your behalf to reduce penalties or even seek a dismissal. Let our expert White Plains DWI attorneys help you.

You do not have to confront the allegations against you without a proven legal advocate by your side. Contact us todayto request a consultation.

What Is BAC?

New York’s DWI and other alcohol-related driving offenses refer to blood alcohol concentration or BAC. BAC is a measure of how much alcohol was in your system when you were driving. Generally, the higher the BAC level, the more a person’s normal faculties are impaired. For instance, at .02, a person’s moods may be altered, but at .08, they may have trouble balancing or speaking clearly. Because alcohol affects people differently, the way one person behaves after having a few drinks may be different from another person.

In a DWI matter, BAC is measured by taking samples of blood, breath, urine, or saliva. When you drive on New York roads, the State deems that you’ve given your consent to be subject to any of these tests should you be arrested for driving while intoxicated. This is what is referred to as “implied consent.” Technically, you can refuse to be subject to a chemical test; however, doing so will result in the DMV suspending your driver’s license. Because a chemical test refusal is separate from a DWI charge, you may lose your driving privileges even if you aren’t found guilty of drinking and driving.

What Are New York’s DWI Laws?

New York has several laws concerning drug- and alcohol-related driving offenses.

A few types of violations include:

  • DWI: This is charged when a person drives with a BAC of .08 or higher or when their normal faculties are affected by drugs and/or alcohol.
  • Aggravated DWI: If the driver had a BAC of .18 or higher at the time of the alleged offense, they’d be charged with aggravated driving while intoxicated.
  • Driving while ability impaired by alcohol: A person commits this offense when they have a BAC over .05 but under .07, or some other driving behavior suggested they were impaired.
  • Driving while ability impaired by a single drug: If a substance other than alcohol impaired the motorist’s driving abilities, they may be charged with this offense.
  • Driving while ability impaired by alcohol and/or drugs: In cases where a person was under the influence of drugs and alcohol or more than one drug, they will be accused of this offense.
  • Zero tolerance law: It’s unlawful for persons under 21 years of age to consume alcohol. Thus, if they drive with a BAC between .02 and .07, they may be charged with an offense.

What Penalties Will I Face for DWI?

In Westchester, there are a series of penalties that follow DWI charges, depending on your previous record and the circumstances of your arrest.

First-time DWI offense:

  • Up to 1-year jail time
  • $500-$1,000 in fines
  • Minimum 6-month license suspension

Second DWI offense:

  • Up to 4 years of jail time
  • $1,000-$5,000 in fines
  • Minimum 1-year license suspension
  • Ignition Interlock Device required

Third DWI offense:

  • Up to 7 years of jail time
  • $2,000-$10,000 in fines
  • Minimum 1-year license suspension
  • Ignition Interlock Device required

Avoid Unwanted DUI Penalties in New York

If you are facing conviction following a DUI arrest, our White Plains DUI defense lawyers are capable of providing you with strong legal representation designed to help you avoid unwanted penalties. Our law firm can be depended on to keep your best interests in mind and protect your rights throughout the legal process.

If you have been charged, time is of the essence. Call us at (914) 292-3557 or use our online formto speak to our team.

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