Westchester NY DWI Lawyer | SRIS, P.C.
Westchester NY DWI Lawyer — What Are Your Defense Options?
A DWI charge in Westchester County is a serious offense under NY VTL § 1192, carrying penalties from fines to jail time and license revocation. The Law Offices Of SRIS, P.C. provides defense for charges in White Plains, Yonkers, and all Westchester courts.
New York DWI Law and Penalties in Westchester County
In New York, driving while intoxicated (DWI) is defined under Vehicle and Traffic Law (VTL) § 1192. The law prohibits operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher (§ 1192.2), or while impaired by alcohol or drugs (§ 1192.1, 1192.3). A separate charge, Driving While Ability Impaired (DWAI), applies at lower BAC levels. The firm, founded in 1997 by former prosecutor Mr. Sris, focuses on the details of these statutes to build defenses.
Last verified: April 2026 | Westchester County Supreme Court | New York State Legislature
Official Legal Resources
For the full text of the law, refer to the official NY VTL § 1192 (DWI/DWAI) on the New York State Senate website. For local court procedures and forms, visit the Westchester County Supreme Court website.
Handling a DWI Case in Westchester County Courts
Your case starts with an arraignment in a local court like White Plains City Court or a town/village court. A separate DMV refusal hearing must be requested within 15 days. Prosecutors in Westchester courts often move quickly, so early action is critical. A Westchester NY DWI attorney can file motions to challenge the traffic stop, the accuracy of breath test equipment, or the officer’s observations.
- Secure Representation Immediately: Contact a lawyer before your arraignment to protect your rights and license.
- Request a DMV Hearing: You have only 15 days from arrest to request a hearing to fight license suspension.
- Case Review & Investigation: Your attorney will obtain all evidence, including police reports, dash/body cam footage, and breathalyzer maintenance records.
- Develop a Defense Strategy: This may involve challenging the legality of the stop, the administration of field tests, or the calibration of breath test devices.
- handle Court & DMV Proceedings: Your lawyer will represent you at all criminal court dates and the separate DMV administrative hearing.
- Explore Case Resolution: Based on the evidence, your attorney will negotiate for a reduction, dismissal, or proceed to trial.
In Westchester County, a first-offense DWI is a misdemeanor carrying up to one year in jail, a fine of $500 to $1,000, and a minimum six-month license revocation.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| DWAI (1st) | Traffic Infraction | Up to 15 days | $300 – $500 | 90-day suspension | Driver Responsibility Assessment |
| DWI (1st – BAC 0.08+) | Misdemeanor | Up to 1 year | $500 – $1,000 | 6-month revocation | Ignition interlock, DRA, alcohol evaluation |
| Aggravated DWI (BAC 0.18+) | Misdemeanor | Up to 1 year | $1,000 – $2,500 | 1-year revocation | Enhanced fines, longer interlock |
| DWI with Child Under 15 (Leandra’s Law) | Class E Felony | Up to 4 years | $1,000 – $5,000 | 1-year revocation (or more) | Ignition interlock, felony record |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Westchester NY DWI Law Firm
Law Offices Of SRIS, P.C. was founded in 1997. Our team brings a combined 120+ years of legal experience to each case. We focus on a detailed, evidence-based defense strategy for every DWI charge in Westchester County. Mr. Sris, the firm’s managing attorney and a former prosecutor, provides direct oversight on complex cases, ensuring a strong defense is built from the start.
Our Approach to DWI Defense
We examine every aspect of your case. This includes reviewing the reason for the traffic stop, the procedures used during field sobriety tests, and the maintenance records for breathalyzer equipment. We prepare for both the criminal trial and the separate DMV administrative hearing. Our goal is to protect your driving privileges and work toward the best possible resolution of the criminal charges.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Westchester NY DWI Attorney
Law Offices Of SRIS, P.C.
New York Location: 50 Fountain Plaza, Suite 1400, Office No. 142, Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
By appointment only.
Our New York location serves clients in Westchester County, including White Plains, Yonkers, New Rochelle, Mount Vernon, and Scarsdale. We are accessible via I-87 and I-287. Looking for a DWI lawyer near Westchester County? We provide 24/7 phone consultations.
Westchester NY DWI Lawyer FAQ
Is a DWI a felony in Westchester County?
No, a first or second DWI is typically a misdemeanor in New York. However, a DWI becomes a felony under specific circumstances, such as a third offense within 10 years, causing serious injury, or having a child under 15 in the vehicle (Leandra’s Law).
Can I get a conditional license after a DWI arrest?
It depends. You may be eligible for a conditional or “hardship” license for driving to work, school, or medical appointments. Eligibility requires attending a DMV hearing and often involves enrolling in the Impaired Driver Program. A Westchester NY DWI attorney can guide you through this process.
What is the Driver Responsibility Assessment?
The DRA is a mandatory fee imposed by the NY DMV after a DWI or DWAI conviction. It is $250 per year for three years, totaling $750. This is separate from any court fines and must be paid to maintain or restore your driving privileges.
Should I take the breath test if stopped?
No, you have the right to refuse a breath test in New York, but there are serious consequences. Refusal leads to an automatic one-year license revocation at a DMV hearing and can be used as evidence of consciousness of guilt in court. The decision carries significant weight.
How long does a DWI case take?
A DWI case in Westchester County can take from 3 to 12 months or more to resolve, depending on the court’s schedule, the complexity of the case, and whether motions are filed or a trial is needed. The DMV process runs separately on its own timeline.
Related Legal Services in Westchester County
If you are facing other charges, our firm can help. We also handle business law, civil litigation, and federal criminal defense in Westchester County. For more information on DWI defense across New York, visit our New York DUI/DWI lawyer hub page. We also serve neighboring areas like Albany County and Broome County.
Page last verified: 2026-04. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your specific situation.