Carmel DWI Defense Attorneys

Alcohol & Drug Related Driving Charges In New York State

Mayo Bartlett is a Carmel DWI Defense Attorney who has the experience and dedication that you or your loved one needs on their side when facing DWI, DUI, DWAI and related charges. He is a former Westchester County prosecutor who served more than 10 years in the Westchester County District Attorney’s Office in White Plains New York and he was selected as a Super Lawyer and as one of the Top 100 Trial Lawyers by the National Trial Lawyers. In fact, Mayo is honored to have been featured on the cover of the 2020 New York Metro Super Lawyers Magazine as seen below.

Super lawyers the world turned upside down poster

Mr. Bartlett has also been a Criminal Defense Lawyer and Carmel DWI Defense Lawyer since 2003, and he has a thorough understanding of police procedure from years spent working with officers and detectives in Carmel and throughout Putnam County, Westchester County, New York City and the Hudson Valley.  As such, he understands how important it is to thoroughly review the evidence in each case. It may be even more important to speak with one of our Carmel DWI Lawyers before you speak with police about a traffic stop where they are asking questions about alcohol or drug use.

Quite often, your right to remain silent is the most important right to exercise. Once you speak with one of our DWI Attorneys we will be able to discuss legal options with you, including whether it may be best to consent to a test to determine your Blood Alcohol Content, or whether you are under the influence of substance that impairs your ability to drive.

Mayo Bartlett was featured in the Journal News in a front page story entitled “Drunken driving: What you need to know during the holidays” which focused on the impact DWI arrests have on people and describes the hardships that one may encounter as a result of drinking and driving, or of being arrested even though one was not impaired. Mayo puts his clients first, and he has won the 10 Best Client Satisfaction Award from the American Institute of DUI/DWI Attorneys, and he was selected the AVVO Client’s Choice for DUI defense. 

As a former Assistant District Attorney, and current Carmel DWI Defense Lawyer, he has handled thousands of DWI, DWAI, and DWAI Drug cases and has successfully provided criminal defense to his clients which have resulted in many felony charges being reduced to misdemeanors, or had them dismissed entirely. Mayo has handled the most serious DWI cases, including those resulting in serious injuries and deaths.

Mr. Bartlett is a Carmel DWI Trial Attorney and he has extensive criminal trial experience in New York State and Federal Courts. He is familiar with the multiple aspects of handling DWI and DUI related cases from the investigative stage through trial. Our Carmel DWI Defense Attorneys work frequently with private investigators and forensic experts who form our Carmel DWI Defense team to provide you with the best defense.

It is essential that you are aware of the potential collateral consequences of a conviction, irrespective of whether it is for a crime, infraction or violation. These consequences may include loss of your job, expulsion from school and even our removal from the United States if you are not a citizen. Even a conviction for a DWAI (Driving While Ability Impaired by Alcohol under VTL 1192-1) may impact your ability to maintain your job or to remain in the United States.

We will fully discuss your unique circumstances with you before we attempt to resolve your matter. We also will thoroughly review your case to determine whether there are any weaknesses in the prosecutions case. An evaluation of the discovery in the case, as well as scrutiny of the police narratives may uncover discrepancies that may help us get you a better offer in our case, or possibly result in a dismissal of the charges against you.

Leandra’s Law

Interlock Ignition Device

Under Leandra’s Law Anyone convicted of a misdemeanor or felony DWI in New York is required to install an ignition interlock system into any car owned or driven by them. This penalty applies to anyone who was convicted of a DWI in New York, even if it is their first offense. The ignition interlock is a device that detects blood alcohol concentration by measuring the alcohol in a person’s breath. In order to drive a car that is equipped with the interlock, a person must blow into the device to to turn it on, and then continuously blow into the interlock device periodically to keep the vehicle running. If you are convicted of DWI law and you are required to install the ignition interlock in your car, you are not able to drive any car unless an ignition interlock were installed during the period that the court requires the installation of the ignition interlock in your vehicle, or in vehicles you drive. 

The Carmel Town Court requires instillation of the ignition interlock system for six months to one year or more. The ignition interlock can cost several hundred dollars to install and maintain. It is extremely sensitive, and it may detect as little as .025 BAC. It may detect such a small amount of alcohol, that the consumption of cough medicine may prevent a person from driving a car with the interlock ignition device installed in it.

DWI & DWAI Blood Alcohol Thresholds

New York State law established .05 BAC (Blood Alcohol Concentration) to be impaired operation of a motor vehicle (DWAI), .08 BAC (Blood Alcohol Concentration) as the threshold for a driver to be considered drunk or intoxicated (DWI). The Putnam County District Attorney may subject your case to higher scrutiny if you have a higher BAC, or if there are other aggravating factors in your case, such as an accident. Our Carmel DWI Defense Attorneys will work with you to prepare a mitigation packet for the District Attorney to consider toward reduction of your case.

DWI With Children In The Car

Leandra’s Law makes DWI a felony in New York if any passenger in the car is under 16 years of age. A first offense may be a Class E Felony, and could result in 5 years probation or a maximum penalty of 4 years in jail.

Special Rules for Multiple DWI and Drugged Driving Offenders

After September 25, 2012, a series of new rules took affect concerning persons who are Multiple DWI and or Drugged Driving Offenders.

Persons with 2 or more alcohol-drugged-driving related convictions or incidents within the preceding 25 years will be required to serve their entire sanction period (suspension or revocation) even if they complete the Impaired Driver Program (Formerly the Drinking Driver Program or DDP).

Persons with either 3 or 4 alcohol-drugged-driving related convictions or incidents within the preceding 25 years, without a serious driving offense and whose revocation is not the result from an alcohol or drugged driving conviction or incident, will be denied relicensing for two years in addition to the statutory revocation period, and then will be relicensed with a problem driver restriction for two years. A serious driving offense means a fatal accident; a driving-related penal law conviction; conviction of two or more violations for which five or more points are assessed; or 20 or more points from any violations.

Persons with 3 or 4 alcohol-drugged-driving related convictions or incidents within the preceding 25 years, without a serious driving offense and whose revocation is the result of an alcohol or drugged driving conviction or incident, will be denied relicensing for five years in addition to the statutory revocation period, and then will be relicensed with a problem driver restriction for 5 years with an ignition interlock.

Persons with 3 or 4 alcohol-drugged-driving related convictions or incidents within the preceding 25 years, with a serious driving offense will be permanently denied relicensure, subject to compelling or extenuating circumstances.

Persons with 5 or more alcohol-drugged-driving related convictions or incidents on their lifetime driving record will be permanently denied relicensing, subject to compelling or extenuating circumstances.

Aggravated DWI

You may be prosecuted for Aggravated DWI [Vehicle and Traffic Law 1192 (2-a)] if you operate a vehicle while you have a .18 BAC or higher. 

  1. First offense Aggravated DWI carries a fine, up to 1 year in jail and a License Revocation for at least one year. 
  2. Second offense Aggravated DWI within 10 years is a Class E felony with a fine, up to 4 years in state prison, and a license revocation for at least 18-months.
  3. Third offense Aggravated-DWI in 10 years is a Class D felony and carries a fine, up to 7 years in state prison, and a license revocation for at least 18-months.

DWI Driving While Intoxicated (DWI)

You may be prosecuted for DWI if you drive and have a blood alcohol concentration .08 BAC or higher, or .04 BAC or higher if you possess a Commercial License (Vehicle and Traffic Law 1192(2). You may also be prosecuted for DWI if there is other evidence of intoxication (Vehicle and Traffic Law 1192(3). Evidence of intoxication may include, but are not limited to the following:

  • Odor of alcoholic beverage on your breath
  • Slurred speech
  • Difficulty standing
  • Difficulty walking
  • Glassy Eyes
  • Inability to walk a straight line\
  • Inability to say the alphabet, or to count 1 to 10’Failure of the Gaze Nystagmus Test

DWAI: Driving While Ability Impaired (by alcohol)

You may be prosecuted for DWAI (Driving While Ability Impaired by Alcohol) under Vehicle and Traffic Law 1192(1) if you have .05 BAC to .07 BAC, or other evidence of impairment as listed above under DWI. 

  1. Penalties for First DWAI include a fine, up to 15 days in jail, and a license suspension for 90 days.
  2. Second DWAI violation in 5 years are a fine, up to 30 days in jail, and a license revocation for at least six months.

DWAI Drugs: Driving While Ability Impaired (by a drug that is not alcohol)

You may be prosecuted for DWAI Drugs under Vehicle and Traffic Law 1192(4) if you show signs of impaired ability to operate a motor vehicle, and that impairment is a result of the consumption of a drug and/or combination of alcohol. This is particularly problematic for people who smoke marihuana because it remains in a person’s body for 28 or more days. For this reason, you may show the presence of marihuana even if it was consumed days or weeks earlier. 

  1. Penalties for a First Offense DWAI Drugs are a fine, up to 1 year in jail, a license revocation for at least six months.
  2. Second DWAI Drugs in 10 years is a Class E Felony and penalties include a fine, up to 4 years in jail, and a license revocation for at least one year/18 months.
  3. Third DWAI/Combination in 10 years is a Class D Felony and penalties include a fine, up to 7 years incarceration in state prison, and a license revocation for at least one year and up to18 months.

Refusal To Take A Chemical Test

If you refuse a chemical test for BAC (Blood Alcohol Content), your license will be suspended by the court at your arraignment, and the court will schedule a DMV refusal hearing. You will also be subject to a civil penalty of $300 (second offense, $750). 

A driver who refuses to take a chemical test (normally a test of breath, blood or urine) can receive a driver license revocation of at least one year (18 months for a commercial driver) and must pay a civil penalty to be eligible to apply for a new driver license. 

Drivers who refuse a chemical test within 5 years after a DWI-related conviction, or prior refusal will have their driver license revoked for at least 18 months, if they hold a commercial license, they will lose it permanently, and both must pay a civil penalty to be eligible to apply for a new driver license. 

The penalties and fines for refusing to submit to a chemical test are separate from, and in addition to the penalties and fines for alcohol or drug-related convictions. For this reason, it is possible for a person to be found not guilty of the underlying DWI related offense, yet still have his or her license revoked following the DMV Refusal Hearing. Our Carmel DWI Defense Lawyers will work with you to get the best result possible in your case.

Zero Tolerance Law

Under the Zero Tolerance Law, a driver who is under 21 years of age, and who operates a motor vehicle with a .02 BAC to .07 BAC violates the Zero Tolerance Law. Drivers who are under 21 years old who refuse to take a chemical test under the Zero Tolerance Law are subject to a 1-year license revocation and a civil penalty. 

Drivers under 21 years old who refuse a chemical test within five years of a DWI-related charge or previous refusal, they will have their driver license revoked for at least one year or until they reach 21 years of age, whichever is longer and must pay a $750 civil penalty to apply for a new driver license.

Conditional License

Following your first conviction for DWI, DUI or DWAI you must complete the Drinking Driver Program or DDP (Now known as the Impaired Driver’s Program) if you wish to receive a conditional license. Following completion of IDP you may receive a conditional license. 

DWI & DWAI CONVICTIONS may impact out of state licenses, and other states may consider New York State DWI or DWAI convictions as predicates for enhanced sentences to be imposed on subsequent DWI or DUI convictions in their state. Some states have mandatory incarceration for DWI or DUI related convictions.

With offices located in the Westchester Financial Center which is one block from the White Plains Train Station and bus depot, our DWI defense lawyers handle all DWI felonies and misdemeanors in New York State Courts in New York City, and Westchester County, including White Plains, Yonkers, Mount Vernon, Rye, Sleepy Hollow, Tarrytown, Dobbs Ferry, Armonk, Chappaqua, Greenburgh, Elmsford, Valhalla, Pleasantville, Bedford, Katonah, Somers, Cortlandt, Southeast, Brewster, Pelham, Putnam Valley, Larchmont, New Rochelle, Peekskill, Mount Pleasant, Bronxville, Eastchester, Hastings, Poughkeepsie, Scarsdale, Mamaroneck, Hartsdale, Harrison, Mount Vernon, Port Chester, Somers, Croton on Hudson, Yorktown, Ossining, Mount Kisco, New Castle, North Castle, Lewisboro, South Salem, North Salem, Nyack, Ardsley, Irvington, Bronx, Manhattan, Brooklyn, Putnam County, Dutchess County, Rockland County, Ulster County and throughout the Hudson Valley, let us help you in your time of need.

Mayo appears almost every week on a legal panel featured on Richard French Live which is available on WRNN. The show was taped live every Wednesday from 6:00 pm to 7:00 p.m. and airs throughout New York, Connecticut and New Jersey, including the five boroughs of New York City, Boston, Philadelphia, the Washington DC Area, Dallas, Houston, San Francisco, Los Angeles and Hawaii.

If you or someone you know is in need of legal representation in a DWI related matter, or other criminal matter, don’t hesitate, contact our Carmel DWI Defense Lawyers now to begin the fight to protect your assets, seek justice, and to keep your freedom. 

Protect yourself…Protect your license…Don’t Drink and Drive.

Please follow our Message of the Day for updates regarding our practice and the legal profession.