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Feb 9 2021

Westchester man charged with felony DWI in hit-and-run crash

A Westchester man was accused of drunk driving after a hit-and-run collision on Interstate 287 in Elmsford, New York. Authorities found that he had a previous driving while intoxicated (DWI) conviction within the last 10 years.

Florencio Diaz, 39, was arrested for felony DWI. According to New York State Police, his vehicle allegedly sideswiped a 2021 Jeep Wrangler. Diaz continued to drive westbound in his 2010 Hyundai Tucson and exited the thruway where he hit a fence on Nepperham Avenue. The car accident did not result in any injuries.

Police interviewed Diaz and determined that he was intoxicated. He was arrested and processed at the Tarrytown barracks, where he refused to provide a breath sample.

Because of his prior DWI conviction, Diaz was required to install an ignition interlock device (IID). The device prevents vehicles from starting if there is a certain level of alcohol detected on the driver’s breath. A preliminary investigation found that Diaz did not have one installed. As a result, he was also charged with operating a motor vehicle with no IID, which is a misdemeanor.

In New York, there are serious consequences to refusing to take a breath test. Anyone who is suspected of drunk driving is required to take a formal breath test to measure blood alcohol content. Refusing to submit to the test can lead to fines and losing your driving privileges, and you may still end up being charged with a DWI.

If you are facing DWI charges, contact Brill Legal Group right away. Our smart criminal defense attorneys will help protect your rights and ensure you avoid harsh penalties.