Westchester County DWI Lawyers

Defending Against Driving While Intoxicated Charges

Under Vehicle & Traffic Code § 1192, a person can be charged with a DWI or a related offense for a range of different conduct, such as driving while intoxicated or driving while ability impaired. New York officials strictly enforce the law. If you are accused of an alcohol- and/or drug-related vehicle offense, you could be charged with a misdemeanor or felony. A conviction can result in jail or prison time, fines, and/or driver’s license suspension. Although you might have submitted to a breath test on the side of the road, a chemical test at the station, or the officer collected other evidence suggesting intoxication, your case is not hopeless. Speak with an attorney about defenses that can be raised.

Portale Randazzo LLP can provide the legal counsel you need. Our Westchester County DWI attorneys have 100 years of combined experience and are former Westchester County prosecutors. The breadth and depth of knowledge of our attorneys allow us to approach cases with a fresh perspective. We can apply our talents, skills, and resources to your case to seek an optimal outcome on your behalf.

Schedule a consultation with us by calling (914) 292-3557 or submitting an online contact form today.

The DWI Laws in New York

New York’s law concerning operating a motor vehicle while under the influence of alcohol and/or drugs addresses various types of conduct.

Under the statute, a person can be charged for:

  • Driving while intoxicated (DWI):
    • Having a blood alcohol concentration of 0.08 or more (0.04 for CDL holders) or
    • Showing other signs of intoxication
  • Aggravated driving while intoxicated (Agg DWI):
    • Having a blood alcohol concentration of 0.18 or more
  • Driving while ability impaired by alcohol (DWAI-Alcohol):
    • Having a blood alcohol concentration above 0.05 but under 0.07 or
    • Showing other signs of impairment
  • Driving while ability impaired by drugs (DWAI-Drugs):
    • Judgment and motor control impaired because of the consumption of a drug
  • Driving while ability impaired by drugs and/or alcohol (DWAI-Combination):
    • Normal faculties diminished because of the introduction of drugs and alcohol into the person’s system

Law enforcement officials from the Westchester County Department of Public Safety or other local police agencies in the cities comprising Westchester County vigilantly patrol the streets, keeping an eye out for possible drunk drivers.

No matter the section of VAT § 1192 you have been accused of violating, building a solid defense is imperative. Our DWI lawyers in Westchester County thoroughly prepare for each case we handle to determine a practical course of action for our clients. Reach out to us to learn how we can help fight your charge.

Potential DWI Penalties in New York

A prosecutor could obtain a DWI conviction if they prove that the defendant violated the law beyond a reasonable doubt. Upon a guilty finding, the court can impose several punishments. The sanctions the defendant is subjected to vary depending on the section of the statute the person was charged under and the individual’s criminal history.

Examples of potential penalties include:

  • First-time DWI or DWAI-Drugs:
    • $500 to $1,000 in fines
    • Jail for up to 1 year
    • Driver’s license revocation for at least 6 months
  • Agg DWI:
    • $1,000 to $2,500 in fines
    • Jail for up to 1 year
    • Driver’s license revocation for at least 1 year
  • Second DWI within 10 years:
    • $1,000 to $5,000 in fines
    • Imprisonment for up to 4 years
    • Driver’s license revocation for at least 1 year
  • Third DWI within 10 years:
    • $2,000 to $10,000 in fines
    • Imprisonment for up to 7 years
    • Driver’s license revocation for at least 1 year
  • DWAI-Combination:
    • $500 to $1,000 in fines
    • Jail for up to 1 year
    • Driver’s license revocation for at least 6 months
  • DWAI-Alcohol:
    • $300 to $500 in fines
    • Jail for up to 15 days
    • Driver’s license suspension for 90 days

Persons sentenced to incarceration may be held in the custody of the Westchester County Department of Correction. Thirteen jails and prisons are located within Westchester County.

Although being subject to the maximum penalties is possible, avoiding or minimizing sanctions is also possible. Doing so requires highlighting weaknesses in the prosecutor’s proof to cast doubt on their arguments. At Portale Randazzo LLP, we analyze the evidence against our clients, conduct our own investigation, and leverage our understanding of the law and how the other side thinks to combat criminal allegations.

Evidence Used in a New York DWI Case

DWI cases are heard in the Supreme and County Court of Westchester County, located at 111 Dr. Martin Luther King Jr. Blvd, White Plains, NY. The prosecutor may present various pieces of evidence to attempt to prove that the defendant committed the alleged offense.

The support they use to back their arguments may include:

  • The defendant’s driving behaviors
  • The defendant’s statements to the arresting officer during the initial traffic stop
  • The defendant’s performance on field sobriety tests
  • The results of a chemical analysis

It might feel that because the prosecutor has evidence against you, the only possible outcome is a guilty verdict. That’s not necessarily the case. Depending on the situation, the arresting officer’s observations can be challenged. Our Westchester County DWI attorneys will scour the details of your case to determine what defenses can be raised.

Schedule a Consultation Today

At Portale Randazzo LLP, we are passionate about helping people through difficult times. We are concerned with making a positive impact on their futures. Our team will deliver personalized attention to craft a defense strategy for your unique needs. We will zealously advocate on your behalf and are prepared to seek an optimal outcome, whether that means negotiating with the prosecutor or presenting your case before a judge or jury.

To speak with one of our DWI lawyers in Westchester County, please contact us at (914) 292-3557.

Client Testimonials

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    “Richard and Hannah fought for my son who was charged with a crime he did not commit. They believed in my son and obtained the necessary evidence to make a motion to dismiss the case. They filed the ...”

    - Ted E. N.
  • He took the time to explain how the legal system works and its process, which helped us understand what was going on.

    “I would highly recommend Richard Portale of the law firm – Portale Randazzo for any criminal or legal issues you may have. He was very knowledgeable and informative. He took the time to explain how ...”

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  • Richard became more than our attorney, Richard is a family friend

    “When my teen son was arrested for attempted murder and possession of a firearm, I felt our family was faced with the deepest and most painful experience life could offer. I felt hopeless and powerless ...”

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  • All Charges Dismissed CPW / Menacing – Teenage Actor Cornered by Thugs – Acts in Self-Defense
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  • All Charged Dismissed Criminal Nuisance / EWC – Westchester Mom Studying for Ph.D.
  • Verdict against co-defendant, affirmed on appeal Deliberate Indifference to Medical Needs and Wrongful Death

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