Westchester 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.
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 DWI Lawyer Robert Schuster can offer you the level of legal
counsel you need to fight your charges.
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
Why choose Westchester DWI Lawyer Robert Schuster?
- Has never lost a DWI trial
- FREE phone consultation
- Former prosecutor
- Hundreds of successful DWI cases
- 10.0 Superb Avvo Rating
- 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
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 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
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,
Need a DWI attorney in Westchester?
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.