DWI License Center
Alcohol & Drug-Related Driving Charges In New York State
Westchester NY DWI Defense Lawyers
Mayo Bartlett is a DWI Defense Lawyer 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 ten years in the Westchester County District Attorney’s Office in White Plains New York, and he was selected as one of the Top 100 Trial Lawyers by the National Trial Lawyers, and recognized as a Super Lawyer. Mayo has also been a Criminal Defense Lawyer and Westchester DWI Defense Lawyer since 2003, and he has a thorough understanding of police procedures from years spent working with officers and detectives in White Plains and throughout Westchester County, Putnam County, New York City, and the Hudson Valley.
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.
Importantly, Mayo Bartlett puts his clients first, and he has received 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 Westchester County District Attorney and current Westchester 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 Bartlett is a Westchester DWI Trial Attorney, and he has extensive criminal trial experience in New York State and Federal Courts. Mayo is familiar with the multiple aspects of handling DWI, and DUI related cases from the investigative stage through trial. Our Westchester County DWI Defense Lawyers frequently work with private investigators and forensic experts who form our Westchester DWI Defense team to provide you with the best defense.
It is important to be aware that a conviction may lead to serious collateral consequences. In fact, if you are not a citizen, a conviction of a crime, or even an infraction or violation, may lead to your removal from the United States.
Other potential consequences are the permanent loss of your privilege to drive, the possible loss of your employment, and the possibility of incarceration.
Our DWI Defense Team will work with you to ensure that potential collateral consequences are evaluated to help you make the best decision about how to resolve your matter.
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 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 was installed during the period that the court requires the installation of the ignition interlock in your vehicle, or in vehicles you drive.
Many courts in New York City, Westchester, Putnam, Dutchess, Rockland, and Ulster require installation of the ignition interlock 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). If you have a BAC over .14 in Westchester County, the DA has a strict policy and will hold you as charged. Our Westchester DWI attorneys will work with you to prepare a mitigation packet for the DA to consider toward the 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. In Westchester County, the District Attorney has a policy of holding people who drive with children under 16 in the car to the felony.
Special Rules for Multiple DWI and Drugged Driving Offenders
After September 25, 2012, a series of new rules took effect concerning persons who are Multiple DWI and or Drugged Driving Offenders.
Persons with two 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 (IDP).
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 five 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 five 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.
DWI Driving While Intoxicated (DWI)
You may be prosecuted for DWI if you drive and have a blood alcohol concentration of .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:
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.
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.
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 (higher for a driver of commercial vehicles) to apply for a new driver license.
Drivers who refuse a chemical test within five 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 $750 civil penalty 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.
The Westchester County District Attorney's Office has implemented strict new policies concerning DWI related offenses. If you have a refusal, you will be held as charged to the DWI, and the Westchester DA's policy will be not to reduce your case to a DWAI. Our Westchester DWI defense lawyers will work closely with you and with substance abuse professionals in an effort to mitigate your case so that you may be considered for a reduction where appropriate.
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 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 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 (DDP) if you wish to receive a conditional license. Following the completion of DDP, 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.
Westchester County DWI Cases
The Westchester District attorney's Office takes a particularly harsh stance when it comes to DWI related prosecutions. Westchester DWI drivers are held as charged when they refuse to submit to a chemical or alcohol test, and they are held as charged if they have a BAC of .14 or higher. Our Westchester DWI Lawyers handle these cases in Westchester County Courts virtually every day.
As a Westchester DWI defense law firm, our Westchester DWI defense lawyers have extensive experience defending felony and misdemeanor DWI cases from the investigative stage through trial in Westchester County and throughout New York City and the Hudson Valley. Mayo Bartlett has handled thousands of criminal cases and hundreds of DWI cases. He is a skilled Westchester DWI defense attorney, and he will fight to obtain the best results for you.
With offices located in the Westchester Financial Center which is one block from the White Plains Train Station and bus depot, and two blocks from the Westchester County Court, our Westchester DWI defense lawyers handle all DWI felonies and misdemeanors in New York State Courts in New York City, and Westchester County, including
Armonk, Ardsley, Bedford, Brewster, Bronxville, Bronx, Brooklyn, Chappaqua, Cortlandt, Croton on Hudson, Dobbs Ferry, Dutchess County, Elmsford, Eastchester, Greenburgh, Hartsdale, Harrison, Hastings, Irvington, Katonah, Larchmont, Lewisboro, Mount Pleasant, Mamaroneck, Mount Vernon, Mount Vernon, Mount Kisco, Manhattan, New Rochelle, New Castle, North Castle, North Salem, Nyack, Ossining, Pelham, Putnam Valley, Peekskill, Port Chester, Putnam County, Pleasantville, Poughkeepsie, Rye, Rockland County, Sleepy Hollow, Scarsdale, Somers, Somers, Southeast, South Salem, Tarrytown, Tuckahoe, Ulster County, Valhalla, White Plains, Yonkers, Yorktown
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 is taped live every Wednesday from 6:00 PM to 7:00 PM and airs throughout New York, Connecticut, and New Jersey, including the five boroughs of New York City, Boston, Philadelphia, the Washington DC Metro Area, Dallas, Houston, San Fransisco, and Los Angeles.
If you or someone you know is in need of legal representation in a criminal matter, don’t hesitate, contact our Westchester DWI defense lawyers now to begin the fight to protect your assets, seek justice, and keep your freedom.
Protect yourself...Protect your license...Don’t Drink and Drive.
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