In a DWI refusal policy change beginning in December of 2014, the Westchester DA’s Office will no longer reduce the first DWI misdemeanor to a violation DWAI if the driver refused to take the breathalyzer. Additionally, the same guideline change was made for a DWI where the driver has a BAC (blood alcohol content) of .14% or higher. This policy change is significant and puts Westchester County DWI and DWI refusal enforcement along the same lines as Nassau County.
Attorneys with DWI clients that are charged with DWI refusal of the breathalyzer, or blow with a BAC of .14% or more, will now need to take their case to trial to try to avoid a misdemeanor conviction.
In New York, misdemeanors are divided into three main categories: Class A, Class B, and unclassified misdemeanors. Class A misdemeanors are the most serious, while Class B misdemeanors are less severe, and unclassified misdemeanors often involve specific statutes such as traffic or local ordinances. Although misdemeanors are less severe than felony offenses, they can still carry significant penalties, including jail time, fines, and a lasting criminal record.
Many people believe they can only be charged with a DWI if they’re actively driving a vehicle. However, New York law takes a broader approach to impaired driving. You can face charges even if you weren’t moving, provided you were in physical control of the vehicle.
