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DWI in Yonkers
A DWI arrest in Yonkers can lead to both a criminal case and a driver’s-license suspension. The Law Office of Mark A. Siesel represents people charged with DWI in Yonkers and throughout Westchester County. Mark A. Siesel has approximately 40 years of experience practicing law in New York and he oversees every DWI case at The Law Office of Mark A. Siesel to ensure your situation gets attention from an experienced attorney.
What Happens After a DWI Arrest in Yonkers?
A DWI investigation may begin with a traffic stop, an accident, or another police encounter. The officer may ask questions, administer field sobriety tests, and request breath or other chemical testing.
After an arrest, a misdemeanor DWI case arising in Yonkers will generally proceed in Yonkers City Court. The court handles misdemeanors and lesser offenses and conducts arraignments in felony cases.
A DWI Case Is More Than the Number on a Breath Test
A reported BAC can be important evidence, but it does not tell the entire story of an arrest. New York permits a per se DWI charge under Vehicle and Traffic Law § 1192(2) when a qualifying chemical analysis shows a BAC of 0.08% or higher. Common-law DWI under § 1192(3) focuses instead on whether the driver was intoxicated.
This means that person can face a common-law DWI charge even without a 0.08% reading, and a 0.08% or higher result does not make the surrounding evidence irrelevant.
Police Observations as Part of Your Case
DWI reports often describe an odor of alcohol, bloodshot eyes, slurred speech, or unsteadiness. Those observations can be evidence, but they are not conclusive on their own. An odor of alcohol may not establish how much was consumed or provide a BAC. Someone who has just been in an accident may also appear shaken for reasons that have nothing to do with intoxication.
If an officer describes a driver as unable to follow directions or having difficulty walking, body-camera footage may show the instructions, the driver’s actual movements, and the roadside conditions. Sometimes the video supports the officer. Sometimes it changes how a sentence in the report should be understood.
Field Sobriety Tests Are Not as Scientific as You May Think
Police commonly use Standardized Field Sobriety Tests, or SFSTs, during DWI investigations. The familiar tests include the Horizontal Gaze Nystagmus test, Walk-and-Turn, and One-Leg Stand. The officer gives instructions, watches the driver perform, decides whether particular movements count as clues, and records the result.
While police reports may represent the results of SFSTs as conclusive, they are not always clear evidence. A driver with a knee, ankle, back, balance, or similar problem may have difficulty with heel-to-toe walking or standing on one leg even though the person functions normally in everyday life. The condition of the testing location matters too. A misstep beside a busy Yonkers roadway on uneven pavement does not become meaningful simply because it appears under the heading “field sobriety test.”
Will You Lose Your License While the Yonkers DWI Is Pending?
Possibly. New York has procedures that can suspend driving privileges before the criminal case is over. In a qualifying case involving an alleged BAC of 0.08% or higher, the court can suspend a New York driver’s license pending prosecution when the statutory requirements are met.
For someone who drives to work every day or lives in a car-dependent area of Yonkers, that can be the most urgent consequence of the arrest. The criminal case may take months to resolve, while the transportation problem begins immediately.
An out-of-state license is a related issue. New York generally acts on the person’s privilege to drive within New York rather than taking away the license issued by the home state. For someone who works in Yonkers, they may retain their license but suddenly not be able to head to work.
Could You Qualify for a Hardship Privilege?
A hardship privilege may provide limited driving relief in some suspension-pending-prosecution cases, but it is not a temporary restoration of ordinary driving privileges. The legal standard focuses on extreme hardship caused by the lack of reasonable alternative transportation for necessary travel.
A Yonkers resident who must report to work before workable public transportation will typically have a stronger case than someone whose workplace is reasonably served by transit.
New York law does not permit a finding of extreme hardship based solely on the driver’s testimony. Work schedules, transit information, transportation costs, and corroborating testimony can be important. You can also work with an attorney, who can prepare a case to show how loss of driving privileges can cause hardship.
What If Police Say You Refused a Chemical Test?
New York DMV can hold a refusal hearing even while the DWI charge continues in Yonkers City Court. If the refusal is sustained, the resulting revocation is separate from any penalty imposed in the criminal case.
The police must do more than put the word “refused” in a report. Both sides will evaluate the basis for the arrest, the warnings given to the driver, and whether the driver actually refused the requested test.
Why the First Court Date Is Usually Too Early to Judge the Whole Case
The defense may not have the most useful evidence at arraignment. Discovery can include police reports, body-camera footage, patrol-car video, chemical-testing records, photographs, witness information, station-house recordings, and refusal documents, and these are not all typically available during the first court date. It can take time to build or defend a case.
That is why a fast resolution is not always an informed resolution. Before deciding whether to negotiate a disposition, file motions, or prepare for trial, the defense should know what the prosecution can actually prove.
Frequently Asked Questions About DWI in Yonkers
If you are facing DWI charges, you may be asking these questions:
Where will a Yonkers DWI case be heard?
Yonkers City Court is located at 100 South Broadway, Yonkers, NY 10701. The court handles misdemeanors and lesser offenses and conducts arraignments for defendants accused of felonies.
Is a first DWI in Yonkers automatically a felony?
No. A first DWI under VTL § 1192(2) or § 1192(3) is generally a misdemeanor. Prior qualifying convictions and more serious circumstances can increase the level of the charge.
How can I have options if a test shows I had a 0.08% BAC?
A qualifying 0.08% or higher result can support a per se DWI charge, but the prosecution still has to establish its evidence. The testing procedure and supporting records can be reviewed.
Can I ask to speak with a lawyer before chemical testing?
A motorist may request an opportunity to contact an attorney, but the request does not permit an indefinite delay of testing. If the interaction later becomes an issue, the timing of the request, the officer’s response, and any recording should be reviewed together.
What should I save after a DWI arrest?
Keep the paperwork from police, the court, and DMV. Preserve photographs, videos, receipts, and other records that may help establish where you were, what occurred, or your physical condition. It can also be useful to give your attorney a detailed account while the events are still fresh.
How long will my Yonkers DWI case take?
There is no fixed timetable. Discovery, motions, DMV proceedings, negotiations, expert review, court scheduling, and a possible trial can all affect how long the case lasts.
What a Yonkers DWI Lawyer Can Do
The most important fact in a DWI case may be easy to overlook at first. It may be a few seconds of body-camera footage, a physical limitation that affected a balance test, the words used before an alleged refusal, or a testing record the driver has never seen.
A DWI lawyer can obtain and compare the evidence, identify issues involving the stop and arrest, address license consequences, evaluate whether motions or hearings are appropriate, and advise the client about negotiation or trial after the case has been investigated.
The Law Office of Mark A. Siesel represents clients charged with DWI in Yonkers and throughout Westchester County. If you have been arrested for DWI in Yonkers, contact our firm to schedule a consultation and discuss potential next steps.