White Plains DWI Lawyer

White Plains DWI Attorney

Driving while intoxicated (DWI) is illegal in every state in the country, but it incurs especially harsh penalties in New York. A DWI charge can put a permanent stain on your record, ostracize you from your workplace, or even alienate your friends and family. When facing a DWI charge, it is important to have a lawyer on your side with experience and the know-how to win your case. If you are facing a DWI charge in White Plains, contact a White Plains DWI lawyer today.

Types of DWI Violations in New York

DWI violations are taken very seriously in New York. Law enforcement and criminal courts often make examples out of offenders, who can incur substantial jail time depending on several factors, such as the number of previous offenses or the offender’s age. The offender’s level of impairment also comes into play, which can be influenced by five main factors:

• The amount of alcohol you may have consumed.
• How much food you have eaten.
• The amount of time you have been drinking.
• Your body weight.
• Your gender.

Under New York state law, if a driver’s blood alcohol content (BAC) exceeds a minimum of 0.08%, that driver is considered intoxicated and is no longer fit to operate a vehicle. If caught operating a vehicle while intoxicated, the penalties could be severe. If you are charged with a DWI, your first step should be to contact a lawyer. You are likely going to need some help figuring out your next steps and arguing your case. Doing it alone is not a good idea.

A DWI is an incredibly serious charge on its own, but it is not the only offense you could be charged with when you are pulled over under the suspicion of being intoxicated. Here are some of the other offenses you could potentially be charged with:

• Aggravated DWI: Sometimes people get behind the wheel after drinking quite a lot for quite a long time. If you are pulled over and found to have a substantially high BAC of at least 0.18%, you can be charged with an aggravated DWI. A first offense for an aggravated DWI can be punishable by one year in prison, a suspension of your driver’s license for a year, and a fine of up to $2,500.
• DWI for Commercial Drivers: Penalties can be higher for truck drivers who are found to be driving while intoxicated. Driving a considerably larger vehicle like a commercial truck while drunk is very dangerous, so the allowed BAC limit is lower. If you are driving a commercial vehicle with a BAC of 0.04% or higher, you can be charged with a DWI. You could face additional charges if bottles or drug paraphernalia are found in your vehicle.
• DWAI by Drugs or Alcohol: It is not just alcohol that impairs a driver. In New York, you can be charged with driving while ability impaired (DWAI) if found to be driving under the influence of illegal drugs or even prescription drugs. This charge can also apply if you are driving unsafely and have a BAC between 0.05% and 0.07%. You can face additional charges if substances are found in your car or on your person.
• Zero-Tolerance Law: New York state law has a very strict zero-tolerance policy for minors who are caught in a DWI situation. If you are under the age of 21 and are caught driving with a BAC of 0.02% or more, you can be charged with a DWI. An underage DUI conviction can severely impact your future.

Defending Yourself Against a DWI Charge

An arrest for a DWI in White Plains, New York is not an automatic sentencing. You have options that you can use to fight the charge and clear your name. An experienced DWI lawyer can help you weigh those options and decide on how to proceed. Here are some of the ways you can challenge your charges:

• Probable Cause: Under the Fourth Amendment, the police need a reasonable excuse to pull you over. They need probable cause to single you out and arrest you on suspicion of a DWI. If your lawyer can prove that they did not have legal cause to pull you over in the first place, the court is likely to dismiss any of the charges that stemmed from the initial suspicion since all collected evidence will be inadmissible.
• Inaccurate Breathalyzer: The most common way that police test for a BAC level is the breathalyzer test. However, these tests are not always accurate, and that lack of accuracy can be challenged in court. The ratio at which it figures out the blood alcohol content changes depending on the offender’s weight, body temperature, and breathing patterns. If you add in poor police maintenance, you may be able to get the results thrown out.
• Miranda Rights: If you were not read your rights when you were arrested, or you were read them incorrectly, nothing you say to the police can be considered evidence. Thus, it will be considered inadmissible in court.
• Refusal to Test: When you are pulled over on suspicion of a DWI, and you refuse to take the breathalyzer, you can be charged with a refusal offense. However, it is not illegal to refuse the test if you have a valid medical excuse for doing so. Some medical conditions, like asthma, make it difficult to exhale with force. This could be grounds for dismissal.
• Field Sobriety Test: In addition to the breathalyzer, the arresting officer will likely have you do a field sobriety test to determine if you are intoxicated. These tests can be somewhat difficult to pass even when sober, and any number of issues may have prevented you from passing. Reasons such as poor balance, an uneven road, or police intimidation could negatively impact your ability to pass these tests. Your lawyer may be able to argue such in your defense.

White Plains DWI Law FAQs

Q: How Much Is a DWI Lawyer in New York?

A: There is no typical cost for a DWI lawyer in New York. Attorneys will charge a rate that reflects the difficulty of the case, the experience of the lawyer, and the lawyer’s reputation. Criminal defense attorneys are likely to charge in one of two ways—by the hour or a flat fee. Either way that an attorney charges, it is important to understand their pricing structure and ensure it fits within your budget.

Q: What Is the Difference Between a DUI and a DWI in New York State?

A: There is not much of a difference between the terms “DUI” and “DWI” in New York state. Essentially, New York does not use the term DUI (driving under the influence) when it comes to legal action. DWI (driving while intoxicated) is the preferred term statewide. In addition, New York can carry a charge of DWAI (driving while ability impaired), which involves the inclusion of drugs into a DWI case.

Q: Is a DWI a Felony in New York?

A: No, a DWI is not automatically a felony in New York; however, it does have the potential to become one if certain criteria are met. Typically, a first-offense DWI could see you charged with a misdemeanor and a one-year revocation of your license. Repeated offenses will be considered felonies, and you could serve considerable jail time on top of a loss of your license and hefty fines.

Q: What Is a Common Law DWI in New York?

A: A common law DWI is usually a case that involves a driver who refused to take a breathalyzer test at the time of the traffic stop. In this case, the prosecution must prove the driver’s intoxication through other means, such as the arresting officer’s testimony or the results of a field sobriety test. Refusing to take a breathalyzer can result in the revocation of your driver’s license and other civil penalties. It can also hurt the prosecution’s case, as they often rely on breathalyzer tests to prove intoxication.

Q: What Are the Penalties for a DWI in White Plains, New York?

A: A first-offense DWI is considered a misdemeanor, and the sentence may include a fine, a maximum of one year in jail, and a six-month license suspension. If you are charged with another offense after a DWI conviction, it becomes a felony, with a prison sentence of up to seven years, a $10,000 fine, and a suspension of your license for at least a year.

Consult a DWI Lawyer Today

Facing a DWI charge can be daunting, intimidating, and embarrassing. Not only are you responsible for handling the criminal aspect, but you must also mitigate any issues in your personal or professional life.

The legal team at Greco Neyland, PC, understands what you are dealing with and is here to help you figure out your situation. A DWI charge does not mean you have been convicted. There are ways to challenge your charges and come out of this with your head held high. We will be there for you every step of the way, providing solid legal counsel. Contact us to schedule a consultation as soon as you can.