New DWI Laws in New York
Westchester County DWI Lawyer
In 2006, New York lawmakers approved new, tougher DWI laws that can have a significant impact on your DWI case. It is essential to understand how it will affect you and what to expect from the county where you were arrested.
Every DWI Case Is a Local Case
New York DWI charges are handled by counties, and the reality is that every DWI case is affected by the policies of county prosecutors as well as local court rules and customs.
Greenspan & Greenspan has developed a solid reputation in the legal communities in Rockland and Westchester counties after extensive experience handling DWI and DWAI cases there. We understand the goals of the local prosecutors and can respond with strategies they respond to rather than fumble your case with tactics that will be rejected. Contact Greenspan & Greenspan for a free legal consultation.
How Can I Keep My Driver's License after a DWI or DWAI?
New York law requires the judge to suspend your license, or, if you are an out of state motorist, your New York driving privileges at arraignment. The process of obtaining a conditional driver's license takes longer under the new law but, if you meet certain criteria, it is still possible to obtain a conditional license through New York State's Drinking Driver Program (DDP).
The law now requires all persons charged with DWI or DWAI to be screened or evaluated for alcohol and/or chemical dependency. Depending on your circumstances, you may have to submit to a more comprehensive evaluation.
How Do I Know if I am Eligible for a Conditional License?
Conditional licenses are issued by the DMV in conjunction with your participation in the Drinking Driver Program after a conviction. The DDP is only available to you once every 5 years. We will explain how you may be eligible for a "pre-conviction conditional license."
"Permanent" License Revocation and Other Penalties for Drunk Driving
The new DWI law contains a tough punishment in extreme cases: a "permanent" disqualification from having a driver's license. Keep in mind, however, that it is permanent in name only. In fact, you could get your license back in 5 to 8 years.
Most non commercial license holders convicted of DWI will not face such a strong punishment, especially first-time offenders who did not injure anyone. If you refused to take a breath test, your license could be revoked for 18 months; for most people, it is suspended for less than a year.
Pleading to DWAI may be a good option, because DWAI is a traffic violation, not a crime; meaning that no conviction for a crime will appear on your record. It will not show up in the criminal background checks many employers use, although it can be cited as a prior alcohol offense if you are arrested again.
You do have the option of going to trial and forcing the prosecution to prove you are guilty beyond a reasonable doubt. As you make these crucial decisions, obtain knowledgeable legal counsel from an attorney with experience handling DWI cases in the jurisdiction where you were arrested.
Contact Us
If you are facing a DWI charge, hire an attorney who has both an in-depth understanding of the new DWI laws and extensive experience defending DWI cases in the Courts of Westchester and Rockland counties. Contact us to schedule a free initial consultation. Hablamos Español .
