A DWI (Driving While Intoxicated) charge in Westchester County, NY, can carry serious consequences, including fines, license suspension, and even jail time. However, being charged with a DWI doesn’t mean you are automatically guilty. With the right defense strategy, there are several ways to challenge the charges and protect your future.
In this blog, we will walk through the essential aspects of defending a DWI charge in Westchester County, including common legal defenses, key procedural steps, and what you should do if you find yourself facing these charges.
Understanding DWI in Westchester County
In New York, a person can be charged with a DWI if they operate a motor vehicle with a blood alcohol content (BAC) of 0.08% or higher. The law is stricter for commercial drivers (0.04% BAC) and drivers under 21 (zero tolerance law). In addition, there are also charges like Aggravated DWI (for drivers with a BAC of 0.18% or higher), which can carry even harsher penalties.
Westchester County, with its combination of suburban and urban areas, has a relatively high number of DWI cases due to both local enforcement and the proximity to New York City. If you’re facing a DWI charge in Somers, White Plains, Yonkers, or any other part of Westchester County, it’s crucial to have an experienced DWI defense attorney who knows the local courts and law enforcement practices.
Common Defenses for DWI Charges
1. Challenging the Accuracy of the BAC Test
One of the most common defenses against a DWI charge is challenging the accuracy of the breathalyzer test or blood test. Several factors can lead to inaccurate readings, including:
• Improper calibration: Breathalyzer devices must be properly calibrated to produce accurate results. If the device was not calibrated or maintained correctly, the test results may be inadmissible.
• Administering the test improperly: The officer must follow strict procedures when administering a breathalyzer test. If these procedures were not followed (such as failure to observe the driver for 20 minutes before administering the test), it could lead to a defense.
• Health issues: Conditions like acid reflux, diabetes, or a high-protein diet can lead to elevated breathalyzer readings due to the way alcohol is metabolized in the body.
2. Field Sobriety Tests Were Improperly Administered
Field sobriety tests (FSTs) are often used by law enforcement officers to assess a driver’s impairment. However, FSTs are not always accurate. Common errors that can make FST results unreliable include:
• Poor road conditions or weather: If the test was administered on an uneven surface, in poor lighting, or during inclement weather, it could have affected the driver’s performance.
• Medical conditions: Certain medical conditions, like balance issues or neurological disorders, can cause a person to fail a sobriety test even if they are not intoxicated.
• Officer error: The officer must follow strict guidelines when conducting FSTs. Failure to do so can be grounds to challenge the validity of the tests.
3. Illegal Traffic Stop
A DWI arrest can be challenged if the initial traffic stop was unlawful. Police officers are required to have a reasonable suspicion that a driver has committed a traffic violation or is engaged in illegal activity before pulling them over. If the stop was based on a hunch or without reasonable suspicion, any evidence gathered after the stop, including the DWI charges, may be inadmissible in court.
4. Improper Arrest Procedures
For any DWI case, the arrest itself must be conducted according to legal guidelines. If an officer fails to inform you of your Miranda rights or does not follow proper arrest procedures, it could lead to the dismissal of the charges.
5. Rising Blood Alcohol Content
The rising BAC defense is based on the premise that a person’s BAC was below the legal limit at the time they were driving, but it increased after they were pulled over due to alcohol continuing to be absorbed into the bloodstream. If your BAC at the time of the arrest was just over the legal limit, but your BAC at the time of the test was higher, this defense might apply.
The Legal Process in Westchester County
If you are arrested for a DWI in Westchester County, here’s a general overview of the process:
1. Arrest and Charges: Following a DWI arrest, you will typically be given a court date and may have your license suspended temporarily. Your first step is to secure legal representation to begin building your defense strategy.
2. Preliminary Hearings and Motions: During the early stages of the case, your attorney may file motions to suppress evidence (such as test results) or challenge the legality of the traffic stop and arrest. This is an important phase where the groundwork for your defense is laid.
3. Negotiations: Your attorney may engage in plea negotiations with the prosecutor. In some cases, it may be possible to reduce the charge to a DWAI (Driving While Ability Impaired), a lesser offense with less severe penalties.
4. Trial: If your case goes to trial, your defense attorney will present evidence, cross-examine the prosecution’s witnesses, and argue that the prosecution has not proven your guilt beyond a reasonable doubt. Many DWI cases never go to trial, as favorable plea deals can often be reached, but some cases require litigation.
Consequences of a DWI Conviction
If convicted of a DWI in Westchester County, you could face:
• Fines: Ranging from $500 to $1,000 for a first offense.
• License suspension: A minimum of 6 months for a first offense.
• Jail time: Up to 1 year for a first offense.
• Probation: Depending on the circumstances, you may be placed on probation.
• Alcohol education: Participation in an alcohol or drug education program.
• Insurance increases: A DWI conviction will likely lead to significant increases in auto insurance rates.
What Should You Do If You’re Facing a DWI Charge?
If you’ve been arrested for a DWI in Westchester County, it’s essential to take immediate action:
• Contact an experienced DWI attorney: A skilled criminal defense lawyer can help you navigate the legal process, assess your options, and build a strong defense.
• Gather evidence: If possible, collect any evidence that may help your case, such as dashcam footage, witnesses, or documents related to your field sobriety tests.
• Be proactive: Don’t delay in seeking legal representation. Early intervention can improve your chances of securing a favorable outcome.
Conclusion
Being charged with a DWI in Westchester County is a serious matter that can have lasting consequences. However, it’s important to remember that there are numerous potential defenses available, and many factors can influence the outcome of your case. Whether it’s challenging the accuracy of your BAC test, questioning the legality of the traffic stop, or exploring plea options, having an experienced DWI defense attorney on your side is crucial to achieving the best possible outcome.
If you’re facing a DWI charge, don’t wait. Contact a knowledgeable Westchester County DWI defense attorney today to discuss your case and protect your rights.