DWI in Greenburgh

Depending on the circumstances, a DWI arrest in Greenburgh may result in an immediate suspension of driving privileges, a separate proceeding involving an alleged chemical test refusal, fines, and other penalties. A conviction can have additional consequences for a person’s license, employment, relationships, reputation, insurance costs, and criminal record.

At The Law Office of Mark A. Siesel, we represent motorists charged with DWI and related offenses in Greenburgh and throughout Westchester County. Attorney Mark A. Siesel has approximately 39 years of legal experience and has handled criminal matters and administrative proceedings involving driving privileges. When defending a DWI case, our legal team examines what happened before the vehicle was stopped, what the officer observed, how Standardized Field Sobriety Tests were administered, the circumstances surrounding chemical testing, and the available video and documentary evidence.

If you have been arrested for DWI in Greenburgh, it is important to understand that an arrest is not a conviction. The prosecution still has the burden of proving the criminal charges beyond a reasonable doubt.

DWI Cases in Greenburgh Town Court

Many DWI charges arising within the Town of Greenburgh are handled in Greenburgh Town Court. The court hears criminal cases as well as vehicle and traffic matters and conducts both bench and jury trials.

The early stages of a DWI case can move quickly. One particularly important issue is what happens to the accused driver’s license. Under New York’s prompt-suspension provisions, a driver’s license may be suspended pending prosecution when the statutory requirements are satisfied, including in cases involving an alleged chemical-test result of .08% or higher. This means that a person may lose driving privileges while the DWI charge itself remains unresolved.

For a New York license holder subject to suspension pending prosecution, the physical license will generally be surrendered at arraignment. When the defendant is licensed by another state, a New York judge does not take away the license issued by that other jurisdiction, but the person’s privilege to operate a motor vehicle within New York may be suspended.

This is especially important across New York state, where many drivers are dependent on their cars for employment or to get to medical appointments. Parts of the state are serviced by train and public transit, but many are not, so loss of driving privileges can have immediate and significant consequences.

What Are Standardized Field Sobriety Tests?

During a suspected DWI investigation, a police officer may ask a motorist to perform Standardized Field Sobriety Tests (SFSTs). These are tests used by law enforcement to look for indicators that the officer believes are consistent with impairment. Their results can become an important part of the prosecution’s case.

Common SFSTs include the horizontal gaze nystagmus test, the walk-and-turn test, and the one-leg stand.

During the horizontal gaze nystagmus (HGN) test, an officer generally asks the person to follow a stimulus, such as a light or other object, with the eyes while the officer observes eye movement. The officer is looking for particular indicators of nystagmus, or involuntary jerking of the eyes.

The walk-and-turn test (W&T) requires a person to follow specific instructions while walking heel-to-toe, turning, and returning. The officer observes the motorist and records what the officer considers to be clues of impairment.

Challenging Field Sobriety Test Evidence

It’s important to keep in mind that SFST evidence involves police observation and judgment. These tests are not equivalent to DNA evidence or another form of forensic testing that produces a highly individualized scientific match. Depending on how the test was administered, it is possible to challenge the results.

One important question is whether the officer asked about physical conditions that could interfere with performance. Vertigo and other balance problems, for example, can affect a person’s ability to perform balance-related testing. The same may be true of injuries or medical problems involving the feet, knees, hips, or back.

The testing environment can also be important. For a walk-and-turn test, was the surface flat and even? Was the test conducted in a location where passing vehicles, headlights, traffic, weather, or other distractions could affect the person’s performance?

The widespread use of police body cameras can also be significant when challenging SFST evidence. Video evidence can sometimes support the prosecution’s description of an arrest. In other cases, however, the footage may provide useful evidence for the defense.

For example, the officer’s written report might describe a motorist as unsteady, while video provides a more complete picture of the person’s movements. Footage may also show whether conditions may have affected performance.

Chemical Tests and DWI Charges

Chemical testing presents another major evidentiary issue in many Greenburgh DWI cases. New York law distinguishes among different alcohol-related driving offenses. Among them is per se DWI under Vehicle and Traffic Law § 1192(2), which generally concerns operation of a motor vehicle with a blood alcohol concentration of .08% or greater, and common-law DWI under § 1192(3), which focuses on intoxication rather than requiring proof of a particular BAC reading.

A chemical-test number may be important, but even though chemical testing is based on science, it is not infallible. Depending on the case, defense attorneys may examine issues involving the testing procedure, equipment, records, timing, operator qualifications, and admissibility of the results. Some chemical tests are successfully challenged.  

What Happens if You Refuse a Chemical Test?

There is quite a bit of confusion about refusing chemical tests, with some information online offering suggestions about ways to refuse. It’s important to be very cautious when taking this advice from people who are not attorneys.

New York DMV materials state that a chemical-test refusal can result in suspension at arraignment and, following the applicable DMV process, license revocation and a civil penalty. For that reason, refusing a chemical test should not be viewed as an easy way to prevent the government from obtaining evidence.

A motorist accused of refusing a chemical test can also face a DMV refusal hearing. The arresting officer prepares a Report of Refusal containing information about the stop, arrest, warnings given to the motorist, and alleged refusal.

At a refusal hearing, attorneys can examine whether the legal requirements necessary to sustain the refusal have been established. Among the relevant questions may be whether the motorist was properly advised of the consequences of refusing and whether the person’s conduct actually constituted a refusal after the required warnings.

Can You Call a Lawyer Before Deciding Whether to Take the Test?

A person asked to submit to chemical testing may request an opportunity to contact an attorney, but that does not mean police must permit an indefinite delay while the motorist searches for appropriate representation. Someone who already has an attorney’s contact information readily available is in a different position from someone attempting to locate a lawyer for the first time at the police station.

License Suspension and the Hardship Privilege

For many clients, one of the first questions after a DWI arrest is: How am I supposed to get to work if my license is suspended?

New York law provides a limited form of relief in certain suspension-pending-prosecution cases known as a hardship privilege. It is not an unrestricted driver’s license. Rather, when granted, it permits limited driving for qualifying necessities such as travel to or from employment, school, or medical treatment.

To qualify, the defense must establish extreme hardship. If you can get to work or other required duties through public transit or rideshare or through someone else’s help, it may be harder to get a hardship privilege. You need corroborating evidence to show that you do not have other reasonable ways to meet your obligations without a license.

A hardship privilege is also distinct from a conditional license that may become available later. Eligibility depends on the circumstances of the particular suspension and the driver’s history.

Refusals and Hardship Driving

When driving privileges are suspended based upon an alleged refusal, the hardship privilege available under the prompt-suspension provisions for qualifying chemical-test cases is generally not available on the same basis. The refusal instead triggers a separate administrative process involving DMV.

This is one reason motorists should consider carefully before refusing a chemical test.

A Greenburgh DWI Case Is Not Usually Resolved at Arraignment

Defendants sometimes arrive at arraignment hoping that the entire case can be concluded that day. That generally is not how a DWI prosecution proceeds. Arraignment is an early stage. Counsel needs an opportunity to obtain and review discovery, and in many cases, additional steps are also required before a negotiated resolution can be finalized.

Depending on the circumstances, there may be required participation in a Victim Impact Panel and an alcohol or substance-abuse screening or assessment through an appropriate provider.

Frequently Asked Questions About DWI in Greenburgh

At The Law Office of Mark A. Siesel, we are often contacted by drivers who have these questions:

Consult With Our Greenburgh DWI Legal Team

A DWI arrest can immediately affect your ability to drive and can develop into both a criminal case and, in refusal cases, a separate DMV proceeding. Securing a legal consultation early helps you to address immediate license issues while preserving and examining the evidence that may affect the prosecution.

Mark A. Siesel has approximately 39 years of legal experience and represents clients in DWI, criminal defense, and related administrative matters. His professional recognition includes peer-reviewed recognition through Martindale-Hubbell, 5.0/5.0 Martindale peer reviews, Avvo client recognition, eight Avvo attorney endorsements, and 5.0/5.0 client reviews. He has also been a long-time member of the New York State Trial Lawyers Association.

The Law Office of Mark A. Siesel is based in White Plains and represents clients in Greenburgh and throughout Westchester County.

If you have been arrested or charged with DWI in Greenburgh, contact The Law Office of Mark A. Siesel to schedule a consultation to discuss the charges and the options available in your case.