1. Stay Calm and Cooperative at Arrest. Don't resist arrest - it can add new criminal charge. Provide I.D., but you do not have to answer incriminating questions. Remember: anything you say can be used against you later.
2. Understand the Charge. In New York, there are several alcohol/drug-related driving offenses:
. - DWI (Driving While Intoxicated): BAC of 0.08% or higher, or showing signs of impairment.
- Aggravated DWI: BAC of 0.18 % or higher.
- DWAI (Driving While Ability Impaired): BAC of 0.05% to 0.07%, or impairment by drugs.
- Chemical Test Refusal: Refusing a breath, blood, or urine test can result in immediate license suspension by the DMV, even before Court appearance.
3. Contact a Criminal Defense Attorney Immediately. You have the right to an attorney. Ask to speak to one as soon as possible. A local NYC DWI lawyer can guide you through arraignment, bail and DMV hearings. Do not discuss your case with police or prosecutors without your lawyer present.
4. Prepare for Arraignment. Typically occurs within 24 hours of arrest. You'll hear the formal charges against you. The judge will decide on bail, release, or other conditions.
5. Deal with your Driver's License. Upon arrest, your license is usually suspended at arraignment, pending a DMV hearing. You must request a DMV hearing within 15 days to challenge the suspension. If you miss this deadline, your suspension becomes automatic.
6. Gather Evidence Quickly. Write down everything you remember about the arrest (time, location, officer behavior, sobriety tests). Save receipts if you bought food or drinks before the arrest (could show BAC timeline). Identify witnesses who were with you before or during the stop.
7. Consider the Consequences. A DWI conviction in New York carries serious penalties. Fines $500-$1000 for a first offense. Jail up to 1 year (though many first-time offenders get probation or conditional discharge). License Revocation minimum 6 months for a first DWI. IID (Ignition Interlock Device): Required for at least 6 months in any vehicle you own or operate.
8. Follow Court Orders Strictly. If released on conditions, comply with alcohol/drug testing classes or monitoring. Failure to comply can result in bail revocation and jail time.
9. Explore Alternatives and Defenses. A skilled defense attorney may challenge: the legality of the traffic stop, accuracy of breath or blood tests or, whether officers followed proper procedures. For the first-time offenders there may also be opportunities for reduced charges (e.g. from DWI to DWAI) or diversion programs.
Janusz Andrzejewski is a New York attorney, admitted to practice law in 1993. You can contact him by telephone (212-634-4250) or, preferably, by e-mail at janusz@januszandrzejewski.com
