DWI in New Rochelle, NY

A DWI charge is an accusation. The government still has to prove the criminal offense beyond a reasonable doubt, and the evidence used to reach that standard can be challenged. If you have been charged with a DWI in New Rochelle, however, it is important to act quickly to get the legal representation you may need.

The Law Office of Mark A. Siesel represents individuals facing DWI and alcohol-related driving charges in New Rochelle and elsewhere in Westchester County. Attorney Mark A. Siesel has decades of experience representing drivers facing DWI charges and the loss of their licenses. He works on cases directly, maintaining strong communication throughout every stage to ensure clients are fully supported throughout the process.

What Happens to Your Driver’s License After a DWI Arrest?

Losing the ability to drive can be one of the most immediate concerns following an arrest. New York has a procedure commonly called suspension pending prosecution. Under qualifying circumstances, including certain cases in which a chemical analysis allegedly shows a blood alcohol concentration of .08% or higher, the court must suspend the defendant’s driver’s license while the criminal case remains pending.

For a New York license holder, this can mean surrendering the license at arraignment. A New York court does not have authority to physically revoke a license issued by another state. It can, however, suspend that driver’s privilege to operate a vehicle in New York.

Is a Hardship Privilege Available?

Some motorists whose licenses are suspended pending prosecution may qualify for a hardship privilege. This is limited relief. It does not restore unrestricted driving rights.

New York law permits a court, in qualifying cases, to grant limited driving privileges when the defendant demonstrates that the suspension creates “extreme hardship.” The permitted travel is narrowly defined and can include necessary transportation to or from employment, qualifying education, or necessary medical treatment.

New York law specifically provides that an extreme-hardship finding cannot rest exclusively on the driver’s own testimony. Corroborating evidence is necessary. Depending upon the circumstances, another witness may also be useful to confirm transportation difficulties or employment requirements.

The law does not permit an arraignment to be delayed for more than three business days solely to give the driver time to present hardship evidence, so it is important to prepare early to protect your ability to get to work, school, or other important obligations.

The Role of Standardized Field Sobriety Tests

Standardized Field Sobriety Tests (SFSTs) include the Horizontal Gaze Nystagmus test (HGN), where the officer observes the subject’s eyes while the person follows a stimulus moving from side to side. The officer looks for particular eye movements considered potential indicators of impairment.

The Walk-and-Turn requires the motorist to listen to a series of directions and perform specified walking and turning movements while the officer watches for designated clues.

SFSTs involve observation and interpretation by the officer. The officer has to explain the instructions, watch the person’s performance, identify what the officer considers clues, and then record those observations. If the officer fails to perform the test correctly or if there are extenuating circumstances, such as a driver’s disability or roadside conditions, that could affect the outcome of the case, the officer’s findings can be challenged.

Modern DWI defense also frequently involves officer body-camera footage. A police report might use terms such as “swaying,” “unsteady,” or “confused.” Video allows the defense to see the driver’s behavior directly. It can also allow for another interpretation of a driver’s behavior or can show conditions that could have affected the administration of the test.

Understanding Chemical Test Refusals

Some drivers believe refusing a chemical test will make a DWI case disappear because the prosecution will not have a BAC result. This is made worse by online websites and social media accounts that promise to give drivers “secret” ways to get out of chemical testing and to protect their licenses.

These “hacks” can cause you to lose your license. New York’s implied-consent rules impose consequences for refusing a properly requested chemical test. A refusal can lead to immediate license consequences and a separate administrative process before the Department of Motor Vehicles. A refusal confirmed through that process can result in revocation and a civil penalty even apart from the outcome of the criminal prosecution.

For drivers over 21, DMV currently identifies a first chemical-test refusal as carrying a minimum one-year revocation. The hardship privilege discussed above generally does not provide relief from a suspension imposed because of a chemical-test refusal.

There may be circumstances in which a person believes refusal is preferable, however this is not a universally advantageous strategy.

What Is a Refusal Hearing?

When police allege that a motorist refused the chemical test, the driver’s license consequences can be addressed through a separate DMV proceeding.

The issues at a DMV refusal hearing include whether the legal requirements necessary to establish the refusal have been satisfied. New York law requires consideration of matters including the basis for the officer’s actions, whether the motorist was properly warned about the consequences, and whether the motorist actually refused the requested chemical testing.

This hearing can be especially important if the refusal was not straightforward. For example, police may allege that a driver refused the chemical test, but the driver may have hesitated, asked to speak to an attorney, or may have refused then agreed. There may be nuance. In some cases, the officer may not have clearly explained the consequences of a refusal or there may have been communication or language barriers that may have created confusion. What the police see as a refusal and what an experienced attorney sees as a refusal may be very different.

Police attendance can also affect the proceeding. Current New York law gives a DMV hearing officer authority to dismiss a refusal charge when the police officer does not appear for the hearing under the applicable statutory procedure.

The administrative hearing should therefore be treated as an important proceeding in its own right.

Can You Speak With an Attorney Before a Chemical Test?

A motorist may ask to contact an attorney when faced with a request for chemical testing, but that does not provide unlimited time to find one. Police are not required to wait indefinitely while someone begins searching for attorneys after an arrest. Having an attorney’s telephone number already stored in a phone can be very helpful if you ever need to contact a lawyer quickly.

What Happens After the First Court Date?

Most DWI cases are not concluded at arraignment. There is evidence to obtain and review. Depending on the case, that may include body-camera recordings, police reports, breath-testing documentation, laboratory materials, video from police vehicles or facilities, and refusal paperwork.

There may also be requirements that a client needs to complete as the case progresses. These can include attendance at a Victim Impact Panel as well as an alcohol or substance-use screening or evaluation through an appropriate provider. The particular requirements will depend on the circumstances and the type of disposition under consideration.

An experienced attorney can explain exactly what the next steps are and can prepare you for what will happen next, depending on the circumstances of your case. An attorney can also examine the details of the case: Was there a lawful basis for the vehicle stop? Do the officer’s observations match the video? Were physical limitations considered before SFSTs were administered? Did the testing location comply with appropriate procedures? Were the chemical-test requirements followed? If a refusal is alleged, what exactly did the officer say and how did the driver respond? The answers to these questions can influence what happens in your case.

Frequently Asked Questions About DWI in New Rochelle

Our law firm often hears these questions from people who are charged with DWI:

Consult With a New Rochelle DWI Attorney

Mark A. Siesel has about four decades of experience practicing law in New York. He has achieved Martindale peer-reviewed recognition, 5.0/5.0 Martindale peer reviews, Avvo recognition and client reviews, and eight Avvo attorney endorsements. He is a long-standing member of the New York State Trial Lawyers Association.

The hours and days immediately following a DWI arrest are important. Driving privileges may already be at risk, and decisions made early in the case can affect what happens later. If you have been charged with DWI in New Rochelle, contact The Law Office of Mark A. Siesel to schedule a consultation to discuss your options.