New York law treats drunk driving as a serious offense. In fact, at both the misdemeanor and felony levels, drunk driving charges in Westchester County, Rockland County, Putnam County, and the surrounding areas can carry severe penalties that can have lasting consequences, ranging from significant financial penalties, potential jail time to a criminal record, damage to one’s reputation, and more.
When it’s time to get a strong, effective defense against driving while ability impaired (DWAI) or driving while intoxicated (DWI) charges, contact the experienced Westchester County DWI Lawyer Michael J. Borrelli for help.
He has more than 29 years of experience in criminal law, including 14 years of service as a DWI supervisor in Westchester County, NY. This experience has given him deep knowledge of DWAI and DWI law, as well as lasting relationships with the courts and police in Westchester County and the surrounding areas. That can make all of the difference when you need to fight drunk driving charges and you are serious about achieving the best possible outcomes.
Key Differences Between DUI & DWI in the NY Criminal Justice System
The terms DUI and DWI may sound alike, but in Westchester County, NY, and the surrounding areas, they represent different levels of impairment. A DWI is the more serious charge, usually issued when a driver has a BAC of 0.08% or higher, proving legal intoxication. A DUI can apply when a driver shows signs of impairment from alcohol or drugs, even if their BAC doesn’t exceed the legal threshold. While both offenses result in penalties like fines, license suspension, and potential jail time, the circumstances of the arrest and the driver’s history influence the consequences.
DWI and DUI Lawyer in Westchester County & The Surrounding Areas
DWAI charges can be filed when motorists are reasonably suspected to have blood alcohol concentrations (BACs) between 0.05% and 0.07%. These charges may also come into play when drivers allegedly drove while impaired by:
- Drugs, in which case DWAI-Drug charges would be filed
- Alcohol and drugs, which could lead to DWAI-A/D charges
Upon conviction, the penalties for a first-time DWAI can include up to 15 days in jail, a $300 to $500 fine, and a 90-day license suspension. A second conviction for DWAI within 5 years can double the jail time, with penalties of up to $750 and a 6-month license revocation.
As scary as DWAI charges can be, Westchester DWAI Attorney Michael Borrelli can help you fight them. He knows how to find weaknesses in prosecutors’ cases while presenting a strong defense for these types of drunk driving criminal cases.
New York DWI Laws & Penalties
When drivers are suspected to have BACs of 0.08 or more, they can be charged with DWI. The charges and penalties for DWI are much harsher than those for DWAI, and they’ve been getting progressively more stringent in recent decades.
The table below shows the potential incarceration and fines for New York DWIs by first and subsequent offenses.
|
DWI Charge |
Jail |
Fines |
|
1st DWI |
Up to 1 year |
$500 to $1,000 |
|
2nd DWI |
4 Years |
$1,000 to $5,000 |
|
3rd DWI |
7 Years |
$2,000 to $10,000 |
While the above provides helpful guidance on DWI laws and penalties in Westchester County and the surrounding areas, remember:
- Aggravating factors can change things: The charges' level and the penalties' severity get more strict when aggravating factors are involved. These can include auto accidents, injuries, and deaths associated with the alleged DWI.
- DWIs are defensible: As harsh as the charges and penalties can be, prosecutors don’t always have airtight cases. Any number of things can poke holes in their arguments, like procedural errors that occurred during the traffic stop, the arrest, the chemical testing, or at any other time.
Westchester DWI Attorney Michael J. Borrelli has the skills to provide fierce DWI defense representation for all types of drunk driving charges in Westchester County.
Guide to New York DWI License Suspensions
In addition to potential fines and incarceration, DWI charges carry the threat of license suspensions and revocations. These license-related penalties can also be invoked when drivers refuse chemical testing during a traffic stop or if drivers don’t live in New York.
The terms of DWAI and DWI license suspensions and revocations will vary, as the table below shows.
|
DWI Charge |
License Penalties (at minimum) |
|
Out-of-State DUI |
90 days |
|
1st or 2nd Refusal to Submit to Chemical Testing |
1-year revocation |
|
1st DWI, DWAI-D & DWAI-A/D |
6-month suspension |
|
2nd DWI |
1-year revocation |
|
3rd DWI |
Guide to New York Interlock Laws
Leandra’s Law is the New York statute that requires ignition interlock devices (IIDs) for anyone convicted of a DWI on or after August 15, 2010, in Westchester County and throughout the state of New York. According to this law, those who will be required to install and maintain IIDs for at least 12 months include those convicted of:
- First-time DWIs
- Aggravated DWIs
- Driving with a BAC of 0.18 or more
- DWI with a child in the vehicle
As part of the IID requirement, the license suspension or revocation period will have to be completed first, and a special IID designation will be added to a motorist’s driver’s license.
Once the license is reinstated, an ignition interlock device must be installed on all of the vehicles a driver owns and operates. Plus, drivers will be responsible for covering all costs of maintaining and operating IIDs. Failing to do so could violate the terms of their probation.
What to Do After a DWI Arrest
The common belief that 'it won't happen to me' leaves many people ill-equipped to appropriately respond when facing a DWI, DUI, or DWAI arrest. The Law Offices of Michael J. Borelli P.L.L.C. is here to arm you with critical information on what to do if you're faced with one of these charges so you have a better chance at protecting yourself and your future.
Stay Calm and Cooperate with Law Enforcement
During a DWI stop, your behavior directly affects how officers perceive you. Remain calm, follow direct instructions, and maintain a respectful tone throughout the interaction. Police will document your conduct in their reports, which prosecutors may later present in court. Simple cooperation with basic requests prevents additional charges like resisting arrest or obstruction. Remember that cooperating with procedural matters doesn't waive your constitutional rights or admit guilt—it simply keeps a difficult situation from worsening.
Exercise Your Right to Remain Silent
You've heard the Miranda warning on TV shows, but now it applies to you directly. You have the constitutional right to remain silent, and you should use it. Politely inform the officer that you wish to exercise this right. Don't offer explanations, excuses, or details about where you were or what you consumed. Even innocent comments can be misinterpreted or used against you later. This isn't about being difficult — it's about protecting your legal position until you have proper representation.
Request a DWI/DUI Attorney Immediately
This step is critical as early legal representation can substantially affect your case outcome. DWAI New York criminal defense attorney Michael J. Borelli can advise you on what to say, explain your rights regarding chemical testing, and begin building your defense from the earliest moments. West Chester County, Rockland County, Putnam County, and the surrounding areas have strict law enforcement policies when it comes to DWAI charges. Having a knowledgeable attorney like Michael J. Borelli on your side ensures you are prepared to challenge the prosecution’s claims, negotiate favorable plea agreements when appropriate, and protect your driving privileges.
Take Note of Important Details
Every detail matters in a DWI case. Time, location, road conditions, and officer interactions all play a role. Remembering specifics strengthens a defense. Writing down what happened as soon as possible helps preserve accuracy. Details like field sobriety test conditions, breathalyzer administration, and officer behavior may impact legal strategy.
Avoid Discussing Your Case with Anyone Except Your DUI Attorney
Talking about a DWI arrest with friends, family or on social media creates unnecessary risks. Statements can be misinterpreted or used against you in court. Conversations with an attorney remain protected by attorney-client privilege, but other discussions do not. Keeping legal matters private prevents complications.
Common Defense Strategies for DWI, DUI, and DWAI
Facing a DWI, DUI, or DWAI felony charge or misdemeanor can feel overwhelming, but the right legal approach can make all the difference. The Law Offices of Michael J. Borelli P.L.L.C. has experience handling these cases and knows the strategies that may help challenge the charges against you. Every case is unique, but there are common defenses that he, as a skilled DWI lawyer, may use to protect your rights and work toward a favorable outcome.
Challenging the Traffic Stop
The foundation of your case begins with the initial traffic stop. Police must have a legitimate reason to pull you over—a broken taillight, speeding, or erratic driving. Without valid grounds, it can be argued that the entire case stems from an improper stop. Our team examines police records, dash-cam footage, and witness statements to identify any inconsistencies that might invalidate the initial contact.
Questioning Field Sobriety Test Accuracy
Field sobriety tests are frequently used to determine impairment, but they are not always reliable. Factors like uneven pavement, poor lighting, bad weather, and medical conditions can cause a person to perform poorly even when sober. A DWAI attorney like Michael J. Borelli can argue that the results of these tests do not accurately reflect impairment and should not be used as evidence against you.
Disputing Breathalyzer or Blood Test Results
Breathalyzers and blood tests are commonly used in DWI and DUI cases, but they are not foolproof. We can investigate whether the testing device was properly calibrated and maintained, whether the test was administered correctly, and whether outside factors—such as medical conditions or recent use of certain substances—could have led to false readings.
Rising Blood Alcohol Concentration (BAC)
Alcohol does not affect the body instantly. A person’s BAC can continue to rise even after they have stopped drinking. If a driver consumed alcohol shortly before being stopped, their BAC may have been lower at the time of driving than when tested later.
Find Out Your Best Defense Options: Contact New York DWI Lawyer Michael Borrelli
If you or a loved one has been charged with DWAI or DWI, the strength and success of your defense case can depend on the attorney you have going forward. When you want an experienced advocate and superior defense representation, you want drunk driving defense Lawyer Michael J. Borrelli. Serving Westchester County, NY, and the surrounding areas, we're available to help folks across the region just like you with their cases. Reach out today for more information or legal assistance if you have been arrested for any of these or related offenses.
Call (914) 350-5110 or contact us online for a FREE, confidential DWI defense consultation. We offer consultations 24/7.
The sooner you have DWI Attorney Michael J. Borrelli in your corner, the better. He can help you with all aspects of your DWI case, from dealing with police to representing you in court hearings, reinvestigating your case, and working diligently to craft the strongest possible defense.
Beyond his credentials, DWI Lawyer Michael J. Borrelli is tirelessly committed to helping people in his community. He is proud to offer first-class, personalized service so you are never confused, anxious, or under pressure when it’s time to go to court. That can ease your mind and give you confidence that you have the representation you need and deserve—and that you have optimal chances of favorable, just, efficient resolutions.
Find out your best defense options for drunk driving charges now in a FREE consultation.
Borrelli Is A Westchester DWI & DUI Lawyer With Over Two Decades Of Experience
The penalties for these offenses vary, but the punishment for DWIs can be harsh in New York state. That’s why it’s best to have an experienced attorney by your side. Michael Borrelli has over twenty-four years of experience as a Westchester DWI lawyer. Borrelli was the DWI Coordinator of the Westchester County District Attorney’s Office from 2007 until September 2019. If you’ve been arrested in New York for a DWI, call Michael Borrelli’s office today for a New York DWI attorney.
Frequently Asked Questions
Can DWIs Be Plead Down as “Wet Reckless” Charges?
This is not typically an option under New York law. Typically, the only way to plea down DWI charges is via DWAI charges, and special circumstances must apply for that to be possible.
Is There a Maximum or Automatic Jail Time for a First-Time DWI in Westchester County?
No, New York law does not require a minimum amount of jail time to be ordered as a penalty for first-time DWIs. Jail time is at the court’s discretion to impose. That’s why you must have an attorney who can show the court that you are a good person and demonstrate the problems with the prosecution’s case.
Does New York Have a “Look Back” Period for DWAIs & DWIs?
Yes. There are different “look back” periods for various circumstances. Depending on the case, this period may be 5, 10, or 25 years. No matter what look-back period may apply, a second or subsequent DWI will bring much higher stakes and serious charges to the table. To face that, you need an experienced DWI attorney.
How does New York law view DWI offenses, and what are the potential consequences in Westchester?
New York treats DWI as a grave offense, with both misdemeanor and felony charges carrying severe repercussions. These can range from financial burdens to possible incarceration, criminal records, reputational damage, and more. In Westchester, understanding the local legal landscape is crucial, and DWI attorney Michael J. Borrelli is well-equipped to navigate these complexities on your behalf.
Why is local experience important in selecting a DWI lawyer in Westchester, NY?
Choosing a local DWI lawyer in Westchester, like us, ensures that your legal representation is familiar with the specific legal environment of Westchester County and the surrounding areas. Our long-standing professional relationships within the local legal system can be a significant advantage in effectively managing and resolving your DWI case.
Is It Possible to Get a DWI Charge Reduced or Dismissed in New York?
A DWI charge in New York may be reduced or dismissed depending on the circumstances of the case. Factors such as lack of probable cause, errors in breathalyzer tests, or violations of legal procedures can lead to dismissal.
How can I get in touch with Michael J. Borrelli for a strong DWI defense in Westchester County?
If you're facing DWI charges in Westchester County and need a formidable defense from a DWI attorney, don't hesitate to reach out to us. With our extensive experience and commitment to our clients, we are here to provide the legal support you need.
Check out more New York DWI FAQs.
Additional Information in Westchester, NY
- New York State Department of Motor Vehicles - DWI Information: This page provides detailed information about DWI laws and penalties in New York State, including the legal blood alcohol content levels and consequences of DWI offenses.
- National Highway Traffic Safety Administration (NHTSA) - Impaired Driving: NHTSA's page on impaired driving offers insights into the effects of alcohol on driving, statistics, and national efforts to reduce drunk driving incidents.
- Alcoholics Anonymous (AA) - Find a Meeting: This resource assists individuals seeking help with alcohol addiction. It includes a locator for finding AA meetings across the U.S., which can be an important step for those dealing with alcohol-related legal issues.
- Governors Highway Safety Association (GHSA) - Alcohol-Impaired Driving: The GHSA provides a comprehensive overview of policies and programs to combat alcohol-impaired driving, along with state-specific data and legislative measures.
- Centers for Disease Control and Prevention (CDC) - Impaired Driving: Get the Facts: The CDC offers factual data and research findings on impaired driving, including the risks, prevention strategies, and public health perspective.