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Were you recently arrested for Driving While Intoxicated? In the state of New York, DWI carries significant consequences. Hiring a skilled attorney who can help you understand the charges against you is important in a DWI case.
What Happens After the Arrest
Everything about the events that occurred in the DWI timeline is important. The police have to follow specific procedures, and non-adherence to these protocols can cause gathered evidence to be inadmissible and/or make the legality of the arrest questionable in court.
Traffic Stop and Probable Cause In New York
The initial phase of a DWI case begins with a traffic stop. An officer must possess probable cause, such as erratic driving, in order to justify the traffic stop. During the stop, the police officer will request your identification and observe your behavior for signs of impairment. People v. Sims (2022) highlighted the necessity of probable cause, where the appellate court upheld that erratic driving provided reasonable suspicion for a stop
Field Sobriety Test and Breathalyzer
The suspicion of intoxication will lead to a sobriety test, which will consist of assessing your physical and cognitive state. A breathalyzer test to measure blood alcohol level may result in failure with a 0.08% threshold for legality in New York
Breathalyzer results can be contested for accuracy. An attorney can challenge their admissibility, potentially dismissing or reducing charges.
Arrest
If you fail the necessary sobriety assessments, an arrest for DWI will follow. The booking process will entail fingerprinting, photographing, and data entry. You may also undergo a chemical test. However, if you refuse, you can be subject to penalties such as license suspension under New York’s implied consent law.
Arraignment
The next-to-last step is the arraignment. In this step, you will face formal DWI charges and enter a plea. A guilty plea may lead to immediate sentencing, while a not guilty plea will delay the process of the trial.
Sentencing
A guilty verdict brings forth sentencing.
Sentencing is influenced by factors such as BAC levels, prior offenses, and other relevant details. DWI penalties in New York range from fines and license suspension to possible incarceration.
Is Your License Suspended Immediately After a DWI in NY?
In the state of New York, your license is not immediately suspended if you are arrested for DWI.
During your arraignment, however (usually within 24 hours of your arrest), the judge can issue a suspension if there is evidence, such as a failed breathalyzer test with a blood alcohol content of 0.08% or higher.
The temporary suspension of your license is often referred to as a “pre-conviction suspension” and will remain in effect until your case is resolved.
The refusal of a chemical test such as a blood or breath test is an automatic license suspension after a DMV refusal hearing, regardless of the outcome of your DWI case. The suspension of your license is based on New York’s “Implied Consent Law,” which requires drivers to submit to chemical tests if they are arrested for DWI.
After your arrest, you have fifteen days to request a DMV refusal hearing. If you don’t request the hearing within this timeframe, your license will be automatically suspended and a refusal will generally lead to a one-year suspension.
If you are convicted of a DWI, your license could be suspended or revoked for an extended period and depends on several factors, such as:
– Your BAC level
– Prior offenses; and
– The specific DWI charge you face
During your license suspension period, you may be eligible for a hardship license. This allows you limited driving privileges for essential needs such as medical appointments or work. Following all legal proceedings and court dates will minimize further complications in your DWI case.
For individuals under the age of 21, New York’s Zero Tolerance Law creates even stricter consequences with immediate suspension if found driving with any detectable blood alcohol content.
Navigating the intricacies of the New York criminal justice system can be overwhelming. If you or a loved one are involved in the arraignment process or facing criminal charges, having skilled and knowledgable legal representation is essential.