WHAT TO DO AFTER A DUI ARREST IN NEW YORK CITY

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

DEMOCRATS SHOULD ACKNOWLEDGE THEIR RESPONSIBILITY FOR MENTALLY ILL REPEATED CRIMINALS' MURDERS

 The murder of a Ukrainian refugee girl on a train in Charlotte, North Carolina by a homeless African-American man boggles the mind of an average person. But here we go again; another mentally ill person, with a thick rap sheet, allowed to freely roam the streets of American cities. I have watched personally last year the trial of Danny Penny in Manhattan's Criminal Courthouse charged with homicide of a homeless African-American man, Jordan Neely. Danny Penny, the good Samaritan and former marine, who restrained Jordan Neely while he was threatening passengers of New York City F subway train, was charged with homicide and had to undergo criminal trial for his good Samaritan deed. As is the case with the Charlotte killer, Jordan Neely also had a thick rap sheet, and was a known mentally disturbed person, allowed by the criminal justice and mental health system to be released and freely roam the streets of a big city. Yet, it was Danny Penny, an architecture student and a former marine, who was treated by Manhattan D.A. Alvin Bragg as a criminal. From the testimonies of the witnesses, the passengers of the car of the F train who were threatened by Jordan Neely, it appeared that Danny Penny should have never been charged with homicide. The real guilty are those who allow the repeated criminals with mental issues to be released and freely roam the streets and trains of big cities. The video showing the attack on the innocent and quiet Ukrainian refugee girl, coming home from work at pizzeria in Charlotte is truly shocking. The fact is that one of the major contributing causes to the criminal acts perpetrated by repeated criminal offenders, with mental health problems, are democrats and the lenient criminal justice policies executed by their District Attorneys, exemplified by Manhattan D.A. Alvin Bragg who was able to get creative in concocting the criminal charges against Donald Trump, yet that creativity somehow escapes him when dealing with repeated criminal offenders, whom he releases to the streets.

Janusz Andrzejewski is a New York Attorney, admitted to practice in 1993. You can contact him by telephone (212-634-42500 or, preferably, by e-mail at:janusz@januszandrzejewski.com

IN DANIEL PENNY TRIAL DEFEAT, D.A. BRAGG OVERPLAYED HIS HAND

Daniel Penny's trial threw New Yorkers back into the era of Ed Koch's unsafe subways, epitomized by Bernard Getz's trial and his acquittal, except for the illegal possession of a weapon charge. It was a time of subways not only covered with graffiti but ridden with crime. Daniel Penny trial was started before the last presidential elections, precisely on October 21, 2024, when Donald J. Trump and the republicans were busy in exposing the crimes and violent attacks in the New York City subway system, whereas the democrats were responding with claims of violent treatment of African-Americans by the police officers. When the trial ended on December 9, 2024, with jury acquittal of Daniel Penny of the remaining charge of negligent homicide, Donald J. Trump was already elected to his second term of the U.S. presidency. I have watched pretty much the whole trial in Judge Maxwell's courtroom on 15th Floor at 100 Centre Street in Manhattan, starting from the selection of the jury until the closing statements. It is obvious that the trial never should have been brought and that it was initiated by Manhattan D.A. Bragg for political reasons. When the jury got hanged on the reckless homicide charge, the more serious one of the two charges, Dafna Yoran, the lead prosecutor, apparently with approval of her boss, D.A. Bragg, overplayed her hand by withdrawing it, to let the jury proceed with deliberations on the remaining charge of negligent homicide. Surprisingly to her, and to almost all the pundits, the jury acquitted Daniel Penny of the remaining lesser charge. Now, Bragg was precluded from retrying the reckless homicide charge. Although the family and BLM holdouts were shocked, the majority of the courtroom as well as the public greeted the acquittal with relief, for they were afraid that guilty verdict would pour cold water on any people trying to act as Good Samaritan to straphangers attacked in the subways. Whereas Daniel Penny legal team was professional throughout the trial, the D.A. team attempted to play racist card with the jury, however, to no avail. Ultimately D.A. Bragg was punished by the jury for proceeding against Good Samaritan protecting the fellow straphangers. It was obviously a tragedy, the death of Jordan Neely, but the guilty is the City and the State of New York in not being able to protect mentally ill people.

Janusz Andrzejewski is a New York attorney, admitted to practice in 1993, You can reach him by telephone (212-634-4250) or by e-mail at janusz@januszandrzejewski.com

I SAY YES TO SECURED BORDER AND DEPORTATIONS OF CRIMINALS AND UNVETTED IMMIGRANTS

 No nation can afford to allow masses of unvetted immigrants to cross their borders unchecked. Trump has succeeded in securing the borders already, without necessity of any new legislation from the U.S. Congress, and he has shown that the democrats' claims, during the last election campaign - that the border cannot be secured, without passing the Lankford Bill - were false, made just for political reasons. However, let us hope, that after the initial period of Trump's presidency, reason would guide the immigration policy and that the U.S. Congress would consider the fate of those who entered the United States legally more than 5 or10 years ago, work here and pay their taxes, while staying away from vice and crime. I predict that the U.S. economy under Trump would surge and that eventually many new jobs would be created, and in order to sustain the economic growth, immigrants, who perform jobs unwanted by the Americans would be needed in order to sustain the economic growth.

Janusz Andrzejewski is a New York attorney, admitted to practice in 1993. You can contact him by telephone (212-634-4250) or by e-mail at janusz@januszandrzejewski.com