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.
The New York Zero Tolerance Law is a specific regulation aimed at reducing underage drinking and driving. Designed to keep roads safer, it imposes strict penalties on drivers under the age of 21 found with even minimal amounts of alcohol in their system. This law represents a no-nonsense approach to underage drinking and driving, hence the term "zero tolerance."
When it comes to homicide cases, the terms "murder" and "manslaughter" are often used interchangeably by those outside the legal profession. However, in New York law, these crimes are distinctly categorized with unique characteristics and consequences. Whether you’re a legal advice seeker or a New York resident, it's important to understand these differences.
