N.Y.C. And Westchester DWI Defense Lawyers

If You Were Arrested for DWI,

It Isn't The End of the World

OUR ATTORNEYS ARE ON YOUR SIDE 

The New York City and White Plains criminal defense lawyers at the Law Office of Michael H. Joseph, PLLC have extensive experience in handling the criminal defense of Driving While Intoxicated (DWI) and Driving under the influence. Our NYC and White Plains DWI defense attorneys regularly defend criminal cases in the New York City, Rockland and Westchester Courts including the criminal courts in the Bronx, Manhattan, Brooklyn, Queens and Westchester County including Yonkers, White Plains, New Rochelle, Ossining, Rye, Mount Vernon, Greenburgh, Scarsdale, Bronxville, Mamaroneck, Elmsford, Port Chester and Valhalla. At the Law Office of Michael H. Joseph PLLC, we know that most people arrested for driving while intoxicated are decent people that made a mistake. Being arrested for the first time, especially for a DWI charge can be a frightening experience and our attorneys understand the anxiety that you are going through. Our NYC and Westchester DWI attorneys have the experience to get you through the process, keep you out of jail and minimize the collateral damage that a driving while intoxicated charge can have on your life. 

WHAT IS DRIVING WHILE INTOXICATED UNDER NEW YORK LAW 

In New York crimes of Driving While Intoxicated (Vehicle and Traffic Law 1192) is committed when a person operates a vehicle with a blood-alcohol level of .08 % or more. Driving while intoxicated can also be proven when a person is so intoxicated that they cannot safely operate a vehicle. Driving While Intoxicated DWI is an unclassified misdemeanor and you need an experienced New York Criminal Defense Lawyer to defend you if you have been charged with driving while intoxicated (DWI/DUI). A conviction for Driving While Intoxicated carries a six month revocation of your license to drive in New York, as well as other penalties including possible jail time. In New York, there is also a lesser charge of driving while ability is impaired. Driving while ability impaired is a violation and is normally punished with a fine, a ninety day license suspension and a conditional discharge to complete certain programs.

How Attorneys Fight These Charges

In New York City and Westchester Courts, our criminal defense attorneys have had a great deal of success in getting charges of Driving While Intoxicated reduced to driving while ability impaired.

Our New York and Westchester DWI Attorneys have also been able to challenge Blood Alcohol readings by using expert toxicologists and attacking the methods and assumptions utilized by the machines performing the tests.

The defenses to charges of Driving while intoxicated include no operation, that you were able to safely operate the vehicle and that the BAC at the time of the operation was not above the legal limit.

Operation

There are many cases where the police arrest someone who is merely intoxicated behind the wheel of a parked car. This scenario often occurs when someone believes they are too drunk to drive, so they sleep in their car and turn on the engine for heat, music or air conditioning.

These cases are very defendable because to establish operation the officer must see you move the vehicle or prove that you were actively intending to move the vehicle. A good New York DWI defense attorney can demonstrate that you had no intention of moving the vehicle, therefore did not drive, as such you cannot be convicted of driving while intoxicated.

Too Intoxicated To Operate A Vehicle

Merely having a certain blood alcohol level is not sufficient for a conviction under this section. Rather, the State must prove that you were not physically capable of operating a vehicle. This is usually done by showing that you failed field sobriety tests and/or operated the vehicle in such a manner that demonstrates that you were too drunk to drive, such as swerving, speeding or some other violation.

Driving After Having Consumed Drugs

To establish a violation of driving while ability impaired by drugs, the law requires that a person’s ability to drive be impaired by drugs. Therefore, merely showing that the person ingested drugs is insufficient. The State of New York must prove that the person’s ability to drive was actually impaired by drugs. This is usually done through field sobriety tests.

Also the law requires the people establish that the person actually had a chemical substance in their system. Our criminal defense attorneys have gotten several cases dismissed because no drug showed up on a chemical test. Often an officer will suspect someone has used drugs, if they smell like marijuana or have delayed responses. However, if you smoked just before your drove, often, marijuana will not show up on a urine test, because it takes several hours for the reaction to cannabus, to form. Likewise, other drugs metabolize quickly or are not specifically tested for. So if the officers don't know what you took, then they don't know what to test for and there is a chance that your test may come back negative. 

This charge can also be attacked by showing that the drugs were no longer in the blood at the time of the operation of the vehicle as many drugs stay in the system longer than they affect the person.

OUR PRACTICE AREAS

Our Westchester DWI defense lawyers are located in White Plains, New York and are walking distance to the White Plains Criminal Courthouse. Our NYC criminal defense attorneys are located in Midtown Manhattan, a short subway ride to the Manhattan Criminal Court, the Bronx Criminal Court and the Brooklyn Criminal Courthouse. Our attorneys have decades of experience in defending criminal cases in New York City, Rockland and Westchester Courts including the criminal courts in the Bronx, Manhattan, Brooklyn, Queens, Yonkers, White Plains, New Rochelle, Ossining, Rye, Mount Vernon, Greenburgh, Elmsford, Port Chester and Valhalla. Getting help from a White Plains DUI/DWI defense lawyer is important to have the DUI charge dismissed. Whether it is a first time drunk driving offense or a repeat offense, contact a Westchester County DUI/DWI defense attorney to discuss your case. DUI defense attorneys at The Law Offices of Michael H. Joseph in White Plains, NY and Westchester County have been protecting the rights of those facing a DUI charge. Call us today at (914) 574-8330 to speak with our criminal defense lawyer who will come up with a defense strategy.