New York And Westchester Criminal Defense Lawyer Driving While Intoxicated (DWI)

Michael Joseph is an attorney with extensive experience in handling the criminal defense of Driving While Intoxicated (DWI) and Driving under the influence. Our NY attorneys regularly defend criminal cases in the 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.

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.

Aggravated DWI

The Law in New York also has an enhanced section called Aggravated Driving While Intoxicated. If you have been charged with Aggravated Driving While Intoxicated you need an experienced New York DWI Attorney. Aggravated DWI prohibits operating a motor vehicle while with .18 or more of one per centum by weight of alcohol of a person’s blood as shown by chemical analysis of such person’s blood, breath, urine or saliva. Aggravated DWI is a misdemeanor and carries a minimum fine of $1000, along with a one year license revocation.

Under 21 Years Old

If you are under 21 years old and drove with more than .02% BAC and less than .08% BAC, you may be charged with a vehicle and traffic law violation, but this is not a crime and cannot be pursued in the Criminal Courts. If you have been charged with this section in the Criminal Court, an attorney can bring a motion to dismiss the charges because these violations can only be brought in the Department of Motor Vehicles. This violation carries a six month license suspension.

Felony DWI

If you have been convicted of Driving While Intoxicated in the last ten years and have again been charged, you are probably facing a felony. Our New York Criminal Defense attorneys have successfully avoided jail on even felony charges of Driving While Intoxicated .

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.


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.

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.

The DWI Lawyers proudly defend 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.

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The Law Office of Michael H. Joseph, PLLC

Law Office of Michael H. Joseph, PLLC

The Law Office of Michael H. Joseph, PLLC has been helping injured victims recover compensation for their injuries for over a decade. Our attorneys are members of several prestigious organizations, including: 

  • New York State Trial Lawyers Association
  • American Association for Justice
  • New York County Bar Association
  • Westchester County Bar Association

To request your free initial consultation with our team, call our New York City office at (212) 858-0503 or our White Plains office at (914) 574-8330. You can also request a case review online.

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