In a DWI refusal policy change beginning in December of 2014, the Westchester DA’s Office will no longer reduce the first DWI misdemeanor to a violation DWAI if the driver refused to take the breathalyzer. Additionally, the same guideline change was made for a DWI where the driver has a BAC (blood alcohol content) of .14% or higher. This policy change is significant and puts Westchester County DWI and DWI refusal enforcement along the same lines as Nassau County.
Attorneys with DWI clients that are charged with DWI refusal of the breathalyzer, or blow with a BAC of .14% or more, will now need to take their case to trial to try to avoid a misdemeanor conviction.
Many people believe they can only be charged with a DWI if they’re actively driving a vehicle. However, New York law takes a broader approach to impaired driving. You can face charges even if you weren’t moving, provided you were in physical control of the vehicle.
Facing charges for vandalism or trespassing can feel overwhelming and stressful. Many of our clients are anxious about the legal process, potential fines, and the effect on their record. We understand these concerns and provide clear guidance every step of the way.
