New York law treats drunk driving as a serious offense. In fact, at both the misdemeanor and felony level, drunk driving charges in Mamaroneck and throughout Westchester County can carry severe penalties that can have lasting consequences—from the expenses and 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 in Mamaroneck, contact Westchester County DWI Lawyer Michael J. Borrelli.
He has more than 25 years’ experience in criminal law, including 14 years of service as a DWI supervisor in Westchester County, NY. This has given him deep knowledge of DWAI and DWI law, as well as lasting relationships with the courts and police in Westchester County. 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.
Mamaroneck DWAI Lawyer
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 fines of up to $750 and a 6-month license revocation.
As scary as DWAI charges in Westchester County can be, Mamaroneck DWAI Attorney Michael Borrelli can help you fight them. He knows how to find weaknesses and prosecutors’ cases while presented 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 Mamaroneck and Westchester County, remember:
- Aggravating factors can change things: The level of the charges, as well as the severity of the penalties, get more severe 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 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.
Mamaroneck 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 term 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 operate. 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.
New York DWI FAQs
Whether you’re facing DWAI or DWI charges for the first or another time, you probably have a lot of questions about your rights, your case, and what you should do going forward. We have put together some helpful FAQs to share answers. For more information and advice related to a specific DWAI or DWI case, simply contact the Law Office of Michael J. Borrelli.
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 it’s important you have an attorney who can show the court that you are a good person, in addition to demonstrating 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 different 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.
Find Out Your Best Defense Options: Contact Mamaroneck 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 Mamaroneck Drunk Driving Lawyer Michael J. Borrelli.
Call (914) 825-8620 or contact us online for a FREE, confidential DWI defense consultation. We offer consultations 24/7.
The sooner you have DWI Attorney 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, Attorney Borrelli is tirelessly committed to helping people just like you. 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 DWI’s 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.