Westchester DWI Lawyer /

Nobody goes out at night planning to get pulled over for drunk driving. We all already know that drinking and driving is one of the most dangerous things a driver can do. Driving while intoxicated poses a serious danger to you and everyone else on the road, and the State of New York takes it very seriously. In spite of that, simply being arrested for a DWI offense doesn’t mean there’s nothing you can do about the charges. If you’ve been arrested, some of the possible charges you’re facing and what you can do to fight them are below. Contact a Westchester DWI lawyer for a free consultation if you or a loved one is facing charges.

FREE CONSULTATION WITH A WESTCHESTER DWI LAWYER

If you or a loved one has been arrested for driving while intoxicated, contact the skilled Westchester County DWI lawyer Michael D. Litman today. We offer a free consultation, so there’s no obligation when you pick up the phone to call us at 914-915-8127 or send us an email. Remember: just because you’ve been arrested and charged does not mean there’s nothing you can do. The state must prove the charges against you, and there may be mitigating factors at work. If you’ve been charged, contact us and we’ll let you know your options for dealing with your case.

Westchester DWI lawyer

CONTACT WESTCHESTER COUNTY DWI LAWYER MICHAEL D. LITMAN

If you’ve been accused, charged or arrested for DWI, you should contact Westchester DWI lawyer Michael D. Litman, PLLC as soon as possible. Michael Litman, based in White Plains, NY, has over a decade of experience and knowledge defending those charged with DWI offenses. We serve residents of Westchester County, White Plains and the New York Metro area. We’ve successfully represented people facing charges just like yours, and we’ll be able to help you find the best option moving forward.

A DWI LAWYER IN WHITE PLAINS, NY TO TRUST

For us, your DWI defense is personal. Your fight is our fight. A DWI conviction can carry serious legal penalties and may have strong effects in your personal and professional life. The Law Office of Michael D. Litman will fight alongside you and guide you through this difficult process. We’ll show you your options and work to have the charges against you dismissed or reduced.

PROTECT YOUR RIGHTS

As a citizen, you have the right to defend yourself against the charges facing you. You also have the right to expect that the police will follow proper procedures during your arrest. As DWI defense attorneys, the Law Office of Michael D. Litman is dedicated to protecting your rights. We will stand right by your side from beginning to end.

PERSONALIZED DWI LEGAL SERVICES

Every case is different and your DWI defense is customized to fit your needs. From the initial consultation onward, we work to learn all we can about the details of your arrest and the charges against you. All DWI cases are unique, and we will work to find the details of your case that give you the best possible chance of dismissal or acquittal on your charges.

RESULTS YOU CAN COUNT ON

We treat each DWI case as the most important one we’ve ever worked. We know how important your case is to you, and we will treat your case with the urgency and seriousness it deserves. From the initial consultation all through the arraignment and possible trial, you can rest easy knowing that your case is as important to us as it is to you.

Learn More about DWI Charges

See our PDF for details about:

  • Types of charges
  • What happens after you are charged
  • Driver’s license issues
  • Possible penalties

Penalties for Driving While Intoxicated in Westchester

Driving While Intoxicated

Driving while intoxicated (DWI) is the most basic charge for intoxicated driving. It occurs when a driver operates a vehicle while having a blood alcohol content of .08 or higher or there is other evidence of intoxication. Because of their increased responsibility, a commercial driver can be charged with DWI when their BAC is .04 or higher.

The penalty for driving while intoxicated, as a first offense, is a fine of $500 to $1,000, jail time for up to one year, license revocation for at least six months, and an Ignition Interlock Device (IID) installed in your vehicle for one year. Subsequent offenses may receive stiffer penalties.

Driving While Impaired by a Drug

Driving while impaired by a drug (DWAI/Drug) occurs when an individual is found to be driving while impaired by one drug. Driving while impaired by a combination of drugs is covered by another charge.

The penalty for driving while impaired by a drug, as a first offense, is a fine of $500 to $1,000, jail time for up to one year, and license revocation for at least six months. Subsequent offenses may receive stiffer penalties.

Aggravated Driving While Intoxicated

Aggravated driving while intoxicated (Aggravated DWI) occurs when an individual operates a vehicle while having a BAC of .18 or higher. The increased BAC means that an individual’s ability to operate a vehicle is even more reduced than with a standard DWI, leading to stronger legal penalties in the form of fines and potential jail time.

The penalty for aggravated driving while intoxicated, as a first offense, is a fine of $1,000 to $2,500, up to one year in jail, license revocation for at least one year, and an Ignition Interlock Device installed in your vehicle for one year.

Driving While Ability Impaired by a Combination of Alcohol/Drugs

Driving while ability impaired by a combined influence of drugs or alcohol (DWAI/Combination) occurs when an individual is found to be driving while intoxicated either by alcohol and one or more other drugs or by two or more drugs. This does not include the possibility of additional charges related to possession of controlled substances, which may accompany DWAI/Combination charges in some cases.

The penalty for driving while ability impaired by a combination of alcohol/drugs is a fine of $500 to $1,000, jail time for up to one year, license revocation for at least six months, and an Ignition Interlock Device (IID) installed in your vehicle for one year. Subsequent offenses may receive stiffer penalties.

Driving While Ability Impaired by Alcohol

Even though an individual’s driving ability may not be reduced as severely when he or she has had less to drink, any noticeable impairment in driving ability could lead to a charge of driving while ability impaired by alcohol (DWAI/Alcohol). This occurs when an individual has a BAC of between .05 and .07 or when there is other evidence of impairment.

The penalty for driving with ability impaired by alcohol is a fine of $300 to $500, up to 15 days’ jail time, and license suspension for 90 days.

Significantly, the State of New York defines DWAI/Alcohol as a violation, rather than as a misdemeanor. As a result, individuals charged with misdemeanor DWI sometimes seek a plea bargain where the DWI is reduced to the lesser violation charge of DWAI/Alcohol in exchange for pleading guilty. A skilled DWI attorney will be able to tell you whether this is a possibility in your case.

Zero Tolerance Law

Drivers under the age of 21 are not supposed to be drinking in the first place, let alone driving with measurable amounts of alcohol in their system. That’s why the State of New York has a Zero Tolerance Law covering impaired driving on the part of underage drivers. The Zero Tolerance Law applies when a driver under the age of 21 drives with a BAC between .02 and .07.

The penalty for breaking the zero tolerance law is a $125 fine, six months’ license suspension, and a $100 fee to terminate the suspension.

OTHER POSSIBLE EFFECTS OF A DWI CONVICTION

The effects of a DWI conviction aren’t limited to the criminal penalties involved. A DWI can also have serious effects in an individual’s personal and professional life. Let’s talk about a few of the possible difficulties a DWI conviction could cause.

First of all, a DWI conviction will almost definitely lead to an increase in your car insurance premiums. In New York, a DWI leads to an average increase of 76 percent in the premiums an individual has to pay. This may simply increase your rates, leading to financial stress. It could also lead you to drive with reduced coverage or in extreme cases force you to stop driving at all.

DWI convictions can also make it more difficult for you to pass a background check. Whether in the case of employment applications, housing applications for renters, or any other situation where an individual needs to pass a background check, a DWI conviction can be a handicap. While it may not necessarily lead you to lose out on a job offer or a new rental, it will almost certainly prove to be a hurdle.

In addition to all this, DWI charges carry a certain social stigma. Everyone knows how dangerous drunk driving can be, and many have lost loved ones because of a drunk driver. It’s very possible that your relationship with friends and family will be strained if they find out you’ve been convicted. All the more reason to get in touch with a skilled DWI attorney and find out the best way to defend yourself.

What you can expect if you’ve been arrested

WHAT TO DO IF YOU’VE BEEN ARRESTED IN WESTCHESTER FOR A DWI

If you find yourself being arrested for a DWI charge, the most important thing is that you don’t incriminate yourself any further. Do not admit to anything, including having drunk any alcohol. You are not required to talk to the police officer. Don’t try to talk the officer out of arresting you. If the officer has already taken out the cuffs, the decision has already been made. It’s much more likely that you’ll say something that will hurt your case, instead of being able to convince the officer to change his or her mind. The time of your arrest is a time to reduce harm by keeping quiet and cooperating with the arresting officer, not a time to argue your case or try to get out of being arrested. You have the right to remain silent. This is the time to use it.

Once you’ve been arrested, it’s time for you to start thinking of how you’re going to defend yourself. You have the right to defend yourself against the charges against you, and with the help of a skilled DWI attorney you may have a good chance of winning. If you’ve been arrested for DWI, the District Attorney’s Office is already preparing the case against you. You need a plan to defend yourself and a solid understanding of your options. Talk to a skilled Westchester County DWI lawyer to figure out what to do to make the best of your situation. If you’ve been charged with a DUI, Mike can represent you on your case.

CONTACT OUR WESTCHESTER DWI ATTORNEY SOONER RATHER THAN LATER

It’s important to secure legal counsel quickly in a DWI case to ensure you have strong legal representation from the moment you’re arrested. Since 2014, the Law Office of Michael D. Litman has been representing those charged with a DWI in White Plains, Westchester County and the New York Metro area. Westchester DWI attorney Mike Litman has been defending his clients since 2007.

We have the knowledge and the experience to help with all your DWI defense needs. If you have questions for a DWI lawyer in White Plains, NY, or need to set up a consultation, contact us online or call us at 914-915-8127 today. Our firm will work with you from the arraignment all the way through the trial. Just because you’ve been charged does not mean you have to lie back and accept defeat. You can fight the charges against you. Pick up the phone or contact us online today.