At Greenspan & Greenspan, our attorneys advise and represent drivers who have been arrested for DWI. If you have no prior DWI or out-of-state DUI or OUI convictions on your record, you will have the opportunity to resolve the charge as a first offense. Although the consequences of a conviction can be serious even when it is your first offense, your options for pleading to a reduced charge or compromising the penalties will never be greater.
Charged With A DWI First Offense?
To find out how an experienced White Plains attorney for DWI first offenses can help you take full advantage of a clean driving record after a first-offense DWI arrest, contact Greenspan & Greenspan for a free telephone consultation. With offices in White Plains and New City, New York, we are conveniently located for people on either side of the Hudson. Our DWI clients also benefit from our familiarity with the courts, prosecutors and charging practices in both Westchester and Rockland counties and throughout the lower Hudson Valley.
Our first option for resolving a DWI arrest is to see if we can successfully challenge the stop or arrest. We might be able to show that there was no probable cause to support the arrest, especially if our review of the field sobriety test or preliminary breath test evidence shows gaps or weaknesses in the arresting officer’s evidence.
In some cases, we can challenge the toxicology evidence of a blood alcohol concentration in excess of .08 percent. Proof of intoxication to that extent is the main fact the district attorney needs to prove to support a conviction, but problems with the operation or maintenance of the testing device can put that evidence into enough doubt to support dismissal or acquittal.
Our review of the evidence and your defense alternatives sometimes shows that none of these options has a strong chance of success. In those situations, we’ll try to take advantage of a plea negotiation opportunity that’s normally only available to first offenders.
First Offenders Have Better Options For Compromising DWI Charges
First-time offenders over the age of 21 may be able to have a misdemeanor DWI charge reduced through a plea bargain to DWAI — driving while ability impaired. Each case is different, and there are many factors that will determine your eligibility for a reduced charge. DWAI is a traffic infraction, not a criminal offense. A conviction of DWAI may nevertheless result in harsher penalties in the event of a future DWAI or DWI conviction.
Repeat offenders need to consider that conviction for DWAI as a third offense — that is, with any combination of two prior DWAI or DWI convictions within the preceding 10 years — is a crime, not a mere infraction or violation.
Different considerations apply for first-time offenders under age 21.
If You’re Arrested For DUI In Westchester County, Contact Us
Find out how our experienced defense lawyers can work to improve your outcome for a first-offense DWI charge in Westchester or Rockland counties. Contact Greenspan & Greenspan at either of our two locations.