Protect Your Record When Facing DWI Allegations
DWI defense in White Plains and surrounding areas for drivers charged with impaired operation under New York law
Law Office of Michael D. Litman, PLLC provides DWI defense for drivers facing misdemeanor and felony charges in White Plains and surrounding areas. You may be facing a DWI charge after being stopped on a roadway, asked to submit to field sobriety testing, or required to provide a breath or blood sample. These charges carry consequences that extend beyond fines, including license suspension, possible jail time, and a criminal record that affects employment and insurance rates.
A DWI case begins with the traffic stop itself, and the legality of that stop is often the first point of challenge. Officers must have probable cause to pull you over and reasonable suspicion to administer sobriety tests. Chemical testing procedures must follow strict protocols, and failures in calibration, administration, or chain of custody can render results inadmissible. Field sobriety tests are subjective and can be affected by medical conditions, footwear, road surface, and weather conditions that have nothing to do with intoxication.
If you have been arrested for DWI in White Plains, Yonkers, New Rochelle or the surrounding area, contact Law Office of Michael D. Litman, PLLC to discuss your case and the defenses that may apply.
How DWI Cases Are Built and Challenged
Your defense begins with a detailed review of the arrest report, video footage, and testing records. You will receive an analysis of whether the officer had valid grounds to stop your vehicle, whether the field sobriety tests were administered according to standardized procedures, and whether the breathalyzer or blood test was conducted properly. Breath testing devices require regular calibration and maintenance, and blood samples must be drawn by qualified personnel and stored under specific conditions to remain reliable.
After your case is reviewed and a defense strategy is developed, you will see how weaknesses in the prosecution's evidence can lead to reduced charges, dismissed counts, or favorable plea agreements. Law Office of Michael D. Litman, PLLC also represents clients at DMV refusal hearings, where your driving privileges may be at risk even before a criminal conviction. Winning or mitigating these administrative proceedings can allow you to maintain a conditional license while your case proceeds.

Sentencing exposure varies depending on your prior record, the presence of aggravating factors such as a high blood alcohol concentration or an accident, and whether the charge is classified as a misdemeanor or felony. Defense work includes negotiating with prosecutors to minimize jail time, reduce fines, and limit the length of any license revocation. In some cases, diversion programs or conditional discharge options may be available, particularly for first-time offenders.
DWI cases in Westchester County involve both criminal court proceedings and DMV administrative actions, and the two processes run on separate timelines with different standards of proof.
What to Expect During a DWI Case
Refusal triggers an automatic DMV hearing within a short window, and you face a minimum one-year license suspension even if the criminal charge is later dismissed. The hearing focuses only on whether the officer had proper grounds to request the test and whether you were informed of the consequences of refusal.
What happens if I refused the breath test?
Probable cause is questioned by examining the officer's stated reason for the stop, the observations recorded in the report, and any video evidence. If the stop was not supported by a traffic violation or reasonable suspicion of criminal activity, the evidence gathered afterward may be suppressed.
How is probable cause challenged in a DWI stop?
Blood test results can be challenged if the sample was drawn without proper consent or a warrant, if the person drawing the sample was not qualified, if the sample was not stored correctly, or if chain of custody documentation is incomplete. These procedural failures can make the results unreliable or inadmissible.
When can blood test results be excluded?
A misdemeanor DWI is typically a first or second offense with no aggravating factors, while a felony DWI involves a third offense within ten years or a prior felony DWI conviction. Felony charges carry significantly longer potential jail sentences and permanent license revocation.
What is the difference between a misdemeanor and felony DWI in White Plains?
Suspensions can be pre-conviction through DMV action or post-conviction as part of sentencing. Some suspensions allow for a conditional license that permits driving to work, school, or medical appointments, while others result in a hard suspension with no driving privileges at all. The type and length of suspension depend on whether you refused testing, your prior record, and the outcome of your case.
Why does the type of license suspension matter?
If you are facing DWI charges in White Plains or the surrounding area, contact Law Office of Michael D. Litman, PLLC at (917) 554-8231 to begin building your defense and protecting your driving privileges.