Westchester County Drunk Driving Defense Lawyer Stewart A. McMillan Home
Over 23 Years of Experience
Serving Westchester, New York City and Surrounding Counties
What to Expect After Being Arrested for DWI
Our DWI Lawyers in Westchester, Manhattan and Fairfield Counties will counsel you, at our very first meeting, as to what you should expect after being arrested and charged with DWI.
Typically, after being arrested for DWI, the police will issue a desk appearance ticket – which will notify you of your first court date.
Our DWI attorneys in Stamford, White Plains, and Manhattan will counsel you that you will be arraigned at your initial court appearance.
An arraignment is simply the judge’s reading of formal charges brought against you in open court.
Following the arraignment, your attorney will typically enter a plea of not guilty on your behalf. You need not say anything in court, nor should you, as our attorneys will explain to you.
Our DWI attorneys in White Plains and New York City will tell you that, in New York, your driver’s license will be suspended at your initial court appearance. That means that you must bring your driver’s license with you to court and hand it up to the judge.
The court will then forward your driver’s license to the DMV.
If you are an out of state driver’s license holder – the judge will issue an order suspending your driving privileges to operate a motor vehicle in New York State.
If you are charged with DWI Refusal – the court will order you to attend a refusal hearing at a NYS DMV location.
A refusal hearing in New York will typically be scheduled with ten days of the arraignment.
A refusal hearing or administrative hearing in Connecticut will typically be scheduled within 30 days following the arrest.
Our Manhattan and Westchester County DWI Refusal Lawyers will explain to you that a refusal will result in a one-year loss of your driver’s license.
At the initial court appearance, the judge will also order you to undergo an OASAS evaluation.
If the OASAS doctor or counselor who you see determines that you are in need of alcohol rehabilitation treatment, the Judge will typically order you to begin the treatment before your case is disposed of.
At the end of the first court appearance, your attorney will typically request a short adjournment so that he can discuss plea options with the ADA.
Some of the factors which an ADA will consider in deciding whether or not to offer you a favorable plea disposition include the following:
- Prior Convictions for DUI
- Whether There Was an Accident
- Whether Anyone Was Injured
- How High Your BAC Content Was
- Erratic Driving
Our DUI attorneys in White Plains and New York will tell you that, in most New York Courts, like Rye, Harrison, Port Chester, Ossining, Bedford, Mt. Kisco, Yonkers, Cortlandt, Greenburgh, New Rochelle, Mount Vernon and Peekskill, as well as in the New York Courts, like Manhattan, Queens and The Bronx, if your BAC is above a certain level (like .14% in Manhattan County), you typically will not be offered a reduced plea disposition.
In most New York Counties, prosecutors will also refuse to negotiate a reduced charge in the event of a refusal.
Although every DWI is unique – there are certain threads that run through each.
Accordingly, if you or someone you know has been arrested and charged with DWI, don’t hesitate to contact our experienced Manhattan, White Plains and Larchmont DWI lawyers immediately. The call is free, and our attorneys are available 24/7 to answer any and all questions you may have.
