DWI Defense in White Plains
Dedicated Defense From the Former Westchester County DWI Coordinator
From 2007 to 2019, Michael J. Borrelli served as the DWI Coordinator for the Westchester County District Attorney’s Office, personally training every ADA and law enforcement officer in the county on New York DWI law and procedures. The prosecutors and officers handling DWI cases in White Plains City Court today learned the playbook from him. That institutional knowledge is now on your side.
As your White Plains DWI defense attorney, The Law Offices of Michael J. Borrelli, P.L.L.C. combines that prosecutorial background with NHTSA DWI/SFST practitioner certification (24 hours) and NHTSA DWI/ARIDE certification (16 hours), the same technical training held by the officers who administered your field sobriety tests.
A DWI or DWAI arrest in White Plains carries real consequences: fines, potential jail time, license suspension or revocation, and a permanent criminal record that can follow you for years. Michael personally attends 99% of client court appearances, bringing more than 30+ years of criminal law experience to every hearing in White Plains City Court and beyond.
Don’t wait to get answers. Call (914) 928-2766 now for a free, confidential consultation, available 24 hours a day, 7 days a week, nights and weekends included.
DWI & DWAI Under New York Law
New York doesn’t use the term DUI. Charges here fall under Vehicle and Traffic Law Section 1192, which creates four distinct categories depending on your BAC and the substance involved. Understanding which charge you’re facing matters, because the consequences and your options differ significantly across them.
- DWI: BAC at or above 0.08%; criminal charge
- DWAI-Alcohol: BAC between 0.05% and 0.07%; traffic infraction on a first offense
- DWAI-Drug: impairment by a drug without BAC above the legal limit
- DWAI-Combination: impairment by alcohol and drugs together
A DWAI charge may sound less serious than a DWI, but accepting a DWAI plea on a first offense eliminates any future ability to plead down to DWAI if you’re ever charged with DWI again. That’s a significant long-term consequence that deserves careful attention before you make any decision.
DWAI Penalties in New York
New York recognizes three DWAI categories: DWAI-Alcohol, DWAI-Drug, and DWAI-Combination. Each carries penalties that escalate with prior convictions.
- First DWAI conviction: up to 15 days in jail, fines between $300 and $500, 90-day license suspension
- Second DWAI conviction within five years: up to 30 days in jail, fines between $500 and $750, 6-month license revocation
Prior convictions affect both how the charge is classified and the sentencing range the court applies. A prior record can turn what looks like a minor infraction into a situation with significantly higher exposure.
DWI Penalties & the Misdemeanor-to-Felony Progression
First-offense DWI is tried as a misdemeanor in White Plains City Court. If the charge escalates to a felony after indictment or SCI waiver, the case moves to Westchester County Court.
Here’s what the penalty ranges look like at each level:
- First DWI (misdemeanor): tried in White Plains City Court; up to one year in jail, fines $500 to $1,000, minimum six-month license revocation
- Second DWI within 10 years (felony): up to four years in prison, fines $1,000 to $5,000
- Third DWI (felony): up to seven years in prison, fines $2,000 to $10,000
- Aggravated DWI (BAC 0.18% or higher): steeper penalties beginning at the first offense
Aggravating factors increase exposure at every level. An accident, injury, death, or the presence of a child under 16 in the vehicle each carries distinct legal consequences that go beyond the base DWI charge.
License Consequences After a White Plains DWI Arrest
A DWI arrest in White Plains sets two separate processes in motion simultaneously: a criminal case in White Plains City Court and an administrative proceeding at the New York State DMV. Both can affect your driving privileges, and both require prompt action.
Under New York’s Prompt Suspension Law, your license can be surrendered at arraignment if your BAC tested above 0.08%. If you refused chemical testing, New York’s implied consent law triggers a minimum one-year revocation, independent of how the criminal case resolves, and that refusal can be introduced as evidence against you in court. When a refusal is alleged, the court schedules a DMV refusal hearing at arraignment. That hearing must be held within 14 days of arraignment. Failing to appear results in automatic revocation of your license.
A hardship license hearing must be requested at arraignment and must be conducted within three business days. It requires corroborating evidence beyond your own testimony and isn’t available if you have a prior DWI within five years or if you refused chemical testing. License suspension and revocation consequences are among the most immediate and damaging effects of a DWI arrest. Michael has lectured at CLE programs specifically on DWI Hardship Hearings and can advise whether a hardship or conditional license may be available in your case.
Leandra’s Law & the Ignition Interlock Device Requirement
Effective August 15, 2010, Leandra’s Law requires ignition interlock device installation for anyone convicted of DWI in New York, including first-time offenders. The IID must be installed on every vehicle you own or regularly operate, not only the vehicle involved in the arrest, and must remain in place for a minimum of 12 months. All installation, maintenance, and monitoring costs fall on the driver.
A special IID designation is added to your license for the duration of the requirement. Non-compliance isn’t a paperwork issue. Failing to comply can constitute a probation violation and expose you to additional criminal penalties on top of the original conviction.
How We Challenge DWI Cases in White Plains
Attorney Michael Borrelli's NHTSA DWI/SFST and ARIDE certifications give him the same technical foundation as the officers who conducted your field sobriety tests. Combined with his years as DWI Coordinator, he understands exactly where the testing protocols require strict compliance and where they commonly fall short. He has handled thousands of criminal cases, as well as tens of thousands of traffic matters across Westchester County and has lectured at CLE programs on DWI Pringle Hearings, Hardship Hearings, and the examination of DWI witnesses.
Every DWI case is evaluated based on the specific facts of the stop, the arrest, and the testing. Defense angles we examine include:
- Unlawful traffic stop
- Improper arrest procedures
- Failure to follow the required observation period before breath testing
- Improper administration of standardized field sobriety tests
- Chemical testing equipment calibration and operation errors
- Chain of custody problems with blood or breath samples
- Violations of your right to counsel
- Constitutional violations during the stop or arrest
Act Quickly After a White Plains DWI Arrest
If you refused chemical testing, the court can schedule your DMV refusal hearing at arraignment, and that hearing must take place within 14 days. Missing it can result in automatic revocation. Beyond the DMV clock, the sooner an attorney reviews the facts of your stop and arrest, the more defense avenues may remain available.
After an arrest, invoke your right to remain silent and your right to counsel clearly and immediately. Then call us. We’re available around the clock at (914) 928-2766 for a free, confidential consultation.
White Plains DWI FAQ
What Is the Difference Between DWI & DWAI in New York?
DWI applies when your BAC is 0.08% or higher and is a criminal charge carrying a minimum 6-month license revocation. DWAI-Alcohol applies at BAC between 0.05% and 0.07% and is a traffic infraction on a first offense. Accepting a DWAI plea on a first offense eliminates any future eligibility to plead down to DWAI if you face a DWI charge later.
What Happens If I Refuse a Breathalyzer in White Plains?
Refusal triggers an automatic minimum one-year license revocation under New York’s implied consent law, separate from any criminal penalties. The refusal itself can be introduced as evidence in court. The court schedules a DMV refusal hearing at arraignment, which must be held within 14 days. Failing to appear at that hearing results in automatic revocation of your license.
Will My License Be Suspended Right After a DWI Arrest?
Possibly. New York’s Prompt Suspension Law requires license surrender at arraignment if your BAC tested above 0.08%. A first DWI conviction carries a minimum six-month revocation. A hardship or conditional license may be available during the suspension period depending on your circumstances and prior record.
How Does a Prior DWI Affect My Current Charge?
A prior DWI or DWAI conviction within 10 years can elevate a new DWI charge from a misdemeanor to a felony. Look-back periods vary by charge type. Even when felony elevation isn’t triggered, prior convictions affect the sentencing range the court applies to a new charge.
What Is Aggravated DWI?
Aggravated DWI is charged when your BAC is 0.18% or higher. First-offense penalties exceed standard DWI, including steeper fines, a longer license revocation, and mandatory ignition interlock installation. A child under 16 in the vehicle at the time of the arrest is a separate aggravating factor with its own enhanced consequences.
Speak With a DWI Defense Attorney in White Plains Today
Michael spent over a decade as the DWI Coordinator for the Westchester County DA’s Office, training the prosecutors and officers who handle DWI cases in White Plains. That background, combined with his NHTSA certifications and 30+ years of criminal law experience, is what you get when you hire our firm. We offer free, confidential consultations 24 hours a day, 7 days a week, including nights and weekends. Hablamos español.
Contact The Law Offices of Michael J. Borrelli, P.L.L.C. today or call (914) 928-2766 to speak with a DWI defense attorney in White Plains.
Cases handled across Westchester County courts over 29+ years of practice:
- DWI & Aggravated DWI
- Murder & Attempted Murder
- Robbery & Burglary
- Drug Charges
- Sex Crimes
- Domestic Violence
- Traffic Violations
- Divorce & Custody
- Child Support
- Felony & Misdemeanor Defense
A Powerful Defense You Can Rely On
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30+ Years of Criminal Law Experience
We have decades of hands-on experience handling thousands of criminal cases across Westchester County and New York.
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Former Prosecutor Insight
Attorney Borrelli brings a unique perspective and ability to challenge cases, due to his years inside the District Attorney’s office.
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DWI Defense Focus
Attorney Borrelli has handled thousands of DWI cases and served as the Westchester County DWI Coordinator for over a decade.
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Proven Trial Experience
We have litigated dozens of felony jury trials and hundreds of hearings involving serious criminal charges and complex evidence.
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Deep Local Court Knowledge
We've built longstanding relationships with Westchester courts, police agencies, and legal professionals over nearly three decades.
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Direct Attorney Representation
Clients work directly with Michael J. Borrelli, so you get the one-on-one, personal attention your case deserves.
What Clients Say About Their Defense
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Michael is wonderful and very trustworthy.Yi-Xue Zhang
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He was professional, knowledgeable, extremely attentive, and made me feel reassured during what could have been a very stressful situation.Josued Hidalgo
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I’m very happy with how much help I got and everything was explained clearly.Ashley Perez
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I’ve received nothing but professionalism from everyone who works here.Gregory Lifrieri
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Going back and forth to court, he made it a breeze of comfort for my son as well as me as his mother.Shanell Toone
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The best of the best, excellent work and very professional, excellent service from him and his secretary.levyn marrero
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Everything went exactly as he said and he made the process very smooth.J P
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Since I saw him I felt safe and hopeful about my case! Definitely I recommend him for everyone in criminal case!Albania 2018
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He got me out of a really tough situation, and I truly believe things would have turned out very differently without him.Mario
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If you find yourself fighting the state of New York on any criminal matter, Mr. Borrelli is the ONLY person I want by my side.John
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He is incredibly thorough, communicates clearly, and is extremely patient.Tyriek Grant
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He got my case dropped and dismissed. 100% recommended him and his team.Elvis Alvarado
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An excellent lawyer with years of experience!John Jenkins
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Got all my charges dropped and dismissed.Edwin Troncoso
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He handled my case with confidence and made me feel positively reassured throughout the process.Andrea Williams
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I am so thankful I chose to work with Michael, he was great!!Milena Rudenko
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Great attorney and an even better person.Flamur Kastrati
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He really did fight hard to achieve our desired result, and went above and beyond in terms of pushing against initial deals offered.Zakaria Kassaoui
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I would absolutely recommend Michael Borrelli to anyone who is looking for a sharp, skilled lawyer with the compassion of a friend who is more like family.susan stratis
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Michael and his associate Andrew Spatz are the best you can get for any sort of criminal conviction.Matthew Foristel
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Michael exceeded my expectations by far. His experience and professionalism is unmatched.GJ J
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Michael's extensive DWI experience enabled him to find problems in my case that no one else was able to find.Josh Shaw
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He made my life so easy it looked like nothing happened.Andriy Stoyko
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We are forever grateful to Mike Borrelli for his skill, talent, and most of all human compassion.Ana DeLeon
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His expansive experience, well-developed network, enormous confidence, and tremendous caring for his clients was a huge advantage!MIB
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Michael is a fine lawyer that is extremely knowledgeable and practical.Pat Stiso
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Excellent communication, explained everything in an informative and easy to understand manner.Janis Slaidins
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The best, very professional and organized business.tony reggina
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He goes above and beyond expectations.Brittany Rodriguez
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Michael made sure I understood all my options so I could make the best decision for myself.Teresa