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Westchester County DWI Attorney

Arrested for DWI? Schuster has never lost a DWI trial!

Driving while intoxicated (DWI) is a serious criminal offense in New York. Most often, DWI is charged as a misdemeanor, punishable by a maximum term of imprisonment in county jail of up to one year, along with driver's license suspension and fines. Under some circumstances, however, DWI may also be charged as a felony. In these cases, the driver may face years of imprisonment in a state correctional facility.

Read Robert Schuster's Guide, " 10 Things to Do at a DWI Stop"

Whether you have been charged with a first-time DWI or if this is an arrest for a second, third, or subsequent drunk driving offense, you need aggressive legal counsel as soon as possible. As a former prosecutor and trial lawyer with a 95% success rate at trial, Westchester County DWI Lawyer Robert Schuster can offer you the level of legal counsel you need to fight your charges.

Legal professionals, licensed physicians, company executives, and many other businessmen and businesswomen turn to Attorney Robert Schuster for reliable, hard-hitting DWI defense. Not only must these individuals worry about the usual consequences of a DWI conviction, but also the possibility of losing their licenses and accreditations as an administrative punishment. Attorney Schuster’s goal in such high-stakes cases is doing everything in his power to preserve the careers and reputations of his clients during the most difficult of times.

Why Choose Attorney Schuster?

Mr. Schuster has a proven track record of success in handling drunk driving cases, with numerous dismissals and other favorable dispositions, as you can see by viewing the case results page. In addition to having the experience and resources to develop a strong DWI defense strategy on your behalf, he can also provide the personal attention and client service you deserve. Trust a White Plains attorney who has been named as a Top DWI Lawyer in New York by the American Institute of DWI Attorneys.

High profile matters that Mr. Schuster has defended have received coverage by NBC News, ABC News, New York Newsday, The Herald Tribune, People, The Daily Mail, Entertainment Tonight, The New York Post, The Wall Street Journal, Fox News, CBS News, The Journal News, The San Francisco Chronicle, AM970, AM510, and WHLT.

Why choose Westchester County DWI Lawyer Robert Schuster?

  • Has never lost a DWI trial
  • FREE phone consultation
  • Former prosecutor
  • Hundreds of successful DWI cases
  • Named one of the top 100 DWI attorneys in New York by the NAFDD

Taking a Tactical Approach to Your Defense

Defending a client charged with DWI in White Plains requires a tactical approach dependent not only upon the facts and circumstances surrounding the defendant and his actions, but also upon the degree to which law enforcement adhered to the exacting standards required by statute.

After successfully handling hundreds of cases involving DWI, Driving While Ability Impaired by Drugs, and DWAI charges, Robert Schuster has developed a multi-pronged approach to DWI defense that unfolds in several stages between intake interview, arraignment, and litigation approaching disposition or trial. During these phases, Mr. Schuster makes certain discovery demands and determines the strategic significance of engaging in pre-suspension and pretrial hearings.

This litigation may include:

  • Hardship hearing
  • Refusal hearing if you refused to take a breath test
  • Pringle hearing challenging the sufficiency of the accusatory instruments
  • Dunaway hearing prior to trial challenging the probable cause of the stop
  • Huntley hearing attempting to suppress statements made to law enforcement officers, and other forms of pre-trial litigation.

In certain cases, where these hearings would cause more prejudice than assistance to the defendant, Robert Schuster's experience in negotiations becomes extremely valuable. Coupled with a vast knowledge of court-sanctioned drug and alcohol treatment alternatives, he leverages the positive completion or progress in these programs into favorable dispositions and desirable case outcomes.

Cutting-Edge DWI Defense

New York DWI arrests have been prosecuted more aggressively than in years past. Additionally, the bureaucratic requirements placed on defendants through the Courts and the DMV have become increasingly complex.

Mr. Schuster makes it a matter of professional honor to keep abreast of the latest statutory changes in New York DWI Law, as well as keeping abreast with the changes within and between all the administrative agencies and organizations that his clients may encounter, such as Mothers Against Drunk Driving (MADD) and Treatment Alternatives to Safer Communities (TASC). Robert Schuster carefully prepares you for what you will encounter from these agencies and what will be required of you to conclude your case as expeditiously and favorably as possible. This type of preparation of his clients for every encounter they will have with the system they face minimizes anxiety and maximizes results.

If your matter cannot be resolved through hearings, negotiation, or treatment alternatives, you can be certain that if it becomes necessary to litigate your case to verdict, Mr. Schuster has the resources, talent, and experience needed to produce winning results. Professional investigation, cross examination, expert testimony, and a working knowledge of the latest in forensic science are all brought to bear to fight for you at every step when trial is what your case requires.

Field Sobriety Tests for DWI

If you have been arrested for DWI in Westchester County, you were most likely requested to submit to field sobriety tests and a breath or blood test to determine whether you were intoxicated. Whether you submitted to these tests and failed or refused testing altogether, criminal lawyer Robert Schuster can conduct a thorough investigation of your case and determine how to build the most compelling case on your behalf.

Challenging the Evidence in a DWI Case

You may have certain rights to maintain your driving privileges pending prosecution. For example, the arresting officer may not have had probable cause to pull you over for suspected drunk driving in the first place, the breath test may have been administered improperly, or the officer's opinion of your performance on field sobriety tests may be questionable. The key to success in a drunk driving case is to hire a proven DWI attorney at the outset and get started on a defense strategy.

Boating While Intoxicated in Westchester County

In the same way as drunk driving is illegal, so does the law in New York prohibit intoxicated operation of a watercraft. The penalties for a first boating while intoxicated (BWI) offense are very similar to those for DWI. Under the terms of Tiffany's Law, the courts in Westchester County and throughout New York do not distinguish between DWI and BWI in terms of counting the number of prior convictions on a defendant's record. In other words, a conviction for BWI will count as a prior if you are subsequently arrested for DWI at some point in the future, with the result that the penalties you could face would be increased. This is true whether the offense involves driving, operating a watercraft, a snowmobile, an ATV or any other offense in this category.

Missouri v. McNeely & Blood Tests in Westchester County DWI Cases

Recently, the Supreme Court upheld that police must usually get a warrant before taking a non-consensual blood sample to test a driver's BAC level. McNeely was a driver charged with DWI after an officer pulled him over and took him to a hospital for a blood test (following McNeely's refused to take a breath test). In court, it was proven that the arresting officer could have sought a warrant for the blood test, but chose not to.

The Fourth Amendment states, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." The Justice presiding in Missouri v. McNeely concluded that a blood draw is a search so police must obtain a warrant unless the defendant consents or true exigency (an urgent need or demand) exists. Examples of exigent circumstances could include the risk of endangering lives or destruction of evidence.

Even if an exigent circumstance existed, you could still be exonerated as the court has said that intrusions into one's own body generally requires prior review and approval by a judge. What could this mean for you? If you were forced to take a blood test without a warrant, The Law Offices of Robert Schuster may be able to get this evidence dismissed.

Implied consent laws have been an important factor in DWI prosecution for a long time, but the outcome of this case is likely to change the status quo. You have rights and we are committed to protecting them at all costs. If you believe you were subjected to an unlawful blood or chemical test, it is imperative that you speak with our Westchester DWI defense attorney immediately. If you would like to learn more about this recent ruling, click here.

Need a DWI attorney in Westchester County?

Do not hesitate to contact The Law Offices of Robert Schuster for a free telephone consultation to discuss your case. You can reach Mr. Schuster or his staff 24/7, because they know that a DWI arrest can happen at any time. During your consultation, you will have the opportunity to tell your side of the story, learn about your legal options, and find out what to expect in the case. This may be a difficult experience, but it isn't one that you have to face alone. Level the playing field between you and the state by hiring Robert Schuster to fight for you.