DWI (DUI) Lawyer in Westchester

DWI (DUI) Lawyer in Westchester

When you’ve been arrested for a DWI (DUI) in Westchester, the Law Office of Robert M. Nachamie has the knowledge necessary to overcome the evidence against you, and the ability to help you attain the best possible outcome.

Throughout New York, law enforcement officials have been expanding efforts to crack down on drunk driving offenses. Being convicted of operating a motor vehicle while intoxicated can have serious consequences, including loss of driving privileges, higher insurance costs, heavy fines and a possible jail term. If action is not taken within immediately, you could face an automatic one-year suspension of your driver’s license and much worse.

The Three D’s Of New York–DWI, DUI, DWAI –
You’ll need a lawyer in Westchester, NYS or out-of-state! 

Though DUI is a common legal term used by many states, New York does not actually use the term. In New York, there are two main “drunk driving” charges: DWI and DWAI. DWI stands for “Driving While Intoxicated,” while DWAI stands for “Driving While Ability Impaired.”  According to the Department of Motor Vehicles, there are some major differences between a DWI and a DWAI:

  • DWAI

                –BAC (blood alcohol content) is between 0.05 and 0.07 percent

-Less severe than DWI

-Fines up to $1,000, up to 3 years probation, possible jail sentence of one year

DWI Defense Lawyers Westchester Coutny

The Law Office of Robert M. Nachamie – top DWI defense lawyers in Westchester County

6 month automatic revocation of your license

  • DWI

-BAC of at least 0.08 percent

-Potential jail time, fines, probation

-Mandatory license revocation

Installation of ignition interlock device for a minimum of 1 year required at driver’s expense

-Additional penalties may be required

 

If you or someone you know have been arrested on a DWI (DUI) charge in Westchester,  please contact DWI (DUI) lawyer Robert M. Nachamie.  To find out more, please call us at 914-930-7978 to arrange a free and confidential consultation. Located in Peekskill, New York. Home consultations available.

What To Do If You Have Been Drinking
If you have been pulled over by the police, there are several ways you can help yourself.

  • Remain calm. Police officers can interpret nervousness in your voice as a sign that you are hiding something or are intoxicated. Whether you have consumed alcohol or not, remaining calm is a good way to ensure that police officers will not question your sobriety.
  • Always have a clean center console or glove box. Fumbling through these compartments to find your registration or insurance can be misinterpreted for intoxication. By keeping a glove box or center console neat and clean, your documents are ready to be presented.
  • Do not consent to a search of the car. Any evidence found in your car could be used to support a DWI conviction; do not allow the officer to perform a search.
  • Get a blood test after release. Because alcohol detection devices can be faulty, it’s a good idea to measure your BAC (blood alcohol concentration) after arrest. At trial, your attorney can use that evidence to support your defense.

 

NYS Laws

Following is a list of violations and repercussions associated with DWI/DUI in New York State:

Please note license revocation can be permanent in complex cases.  In these types of cases, penalties,  jail time and fines can be more  severe.

 

Violation Mandatory Fine Maximum
Jail Term
Mandatory Driver License Action
Aggravated Driving While Intoxicated (AGG DWI) $1,000 – $2,500 1 year Revoked for at least one year
Second AGG DWI in 10 years (E felony) $1,000 – $5,000 4 years Revoked for at least 18 months
Third AGG DWI in 10 years (D felony) $2,000 – $10,000 7 years Revoked for at least 18 months
Driving While Intoxicated (DWI) or Driving While Impaired by a Drug (DWAI-Drug) $500 – $1,000 1 year DWI – Revoked for at least six months
DWAI-Drugs – Suspended for at least six months
Second DWI or DWAI-Drug violation in 10 years (E felony) $1,000 – $5,000 4 years Revoked for at least one year
Third DWI or DWAI-Drug violation in 10 years (D felony) $2,000 – $10,000 7 years Revoked for at least one year
Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination) $500 – $1,000 1 year Revoked for at least six months
Second DWAI-Combination in 10 years (E felony) $1,000 – $5,000 4 years Revoked for at least one year
Third DWAI-Combination in 10 years (D felony) $2,000 – $10,000 7 years Revoked for at least one year
Driving While Ability Impaired by Alcohol (DWAI) $300 – $500 15 days Suspended for 90 days
Second DWAI violation in 5 years $500 – $750 30 days Revoked for at least six months
Third or subsequent DWAI within 10 years (Misdemeanor) $750 – $1,500 180 days Revoked for at least six months
Zero Tolerance Law $125 civil penalty and $100 fee to terminate suspension None Suspended for six months
Second Zero Tolerance Law $125 civil penalty and $100 re-application fee None Revoked for one year or until age 21
Chemical Test Refusal $500 civil penalty ($550 for commercial drivers) None Revoked for at least one year, 18 months for commercial drivers.
Chemical Test Refusal within five years of a previous DWI-related charge/Chemical Test Refusal $750 civil penalty None Revoked for at least 18 months, one-year or until age 21 for drivers under age 21, permanent CDL revocation for commercial drivers.
Chemical Test Refusal –
Zero Tolerance Law
$300 civil penalty and $100 re-application fee None Revoked for at least one year.
Chemical Test Refusal –
Second or subsequent Zero Tolerance Law
$750 civil penalty and $100 re-application fee None Revoked for at least one year.
Driving Under the Influence  (Out-of-State) N/A N/A Revoked for at least 90 days. If less than 21 years of age, revoked at least one year.
Driving Under the Influence  (Out-of State) with any previous alcohol-drug violation N/A N/A Revoked for at least 90 days (longer term with certain prior offenses). If less than 21 years of age, revoked at least one year or until age 21 (longest term).

 

A DWI (DUI) Lawyer  With Integrity–Robert M. Nachamie

Serving Westchester, Putnam, Dutchess and Lower New York State

With more than 10 years of experience in handling driving under the influence (DUI) and driving while intoxicated (DWI) cases, , I know how to guide your case through the complexities of the legal system. because I have done it successfully so many times before. I know precisely how your case will be conducted by the other side.

My sole objective is to make your DWI (DUI) charge disappear, to keep your record clean, and to prevent you from losing your freedom and your license to drive. You see . . . my practice is based on the belief that you were arrested when you shouldn’t have been. I’ll make sure that you’re being treated fairly and with dignity.

 

If you or someone you know have been arrested on a DWI (DUI) charge in Westchester,  please contact DWI (DUI) lawyer Robert M. Nachamie.  To find out more, please call us at 914-930-7978 to arrange a free and confidential consultation. Located in Peekskill, New York. Home consultations available.

Westchester DWI Lawyer Robert  M. Nachamie–Because Everyone Deserves A Second Chance