Yes, but the duration depends on your specific situation. In New York, a DWI arrest typically results in an immediate license suspension pending prosecution. This administrative suspension occurs at arraignment.

For first-time offenders convicted of driving with a blood alcohol content (BAC) of .08% or higher, your license will typically be revoked for at least 6 months. Repeat offenders face longer revocations ranging from 1 year to permanent revocation.

You may be eligible for a reduction to a violation of Driving While Ability Impaired by alcohol (DWAI) and may be subject to a 90 day suspension instead.

However, you may qualify for a conditional license or hardship privilege, which allows limited driving for essential activities like work, school, and medical appointments. We can help you navigate the DMV hearing process and maximize your chances of maintaining some driving privileges while your case proceeds.

In New York State, DWI (Driving While Intoxicated) and DWAI (Driving While Ability Impaired) are distinct charges with different legal thresholds and penalties:

DWI: Charged when your Blood Alcohol Content (BAC) is .08% or higher, or when there is other evidence of intoxication regardless of BAC. This is a misdemeanor for first offenses and can become a felony for repeat offenders with prior convictions within the previous 10 years. A DWI conviction requires you to have an ignition interlock device installed on any vehicles you own or have access to. We can help you navigate this requirement, including how to pay for it and what steps to take to make the process as smooth as possible.

DWAI: Charged when your BAC is between .05% and .07%, or when there's evidence that your driving ability is impaired to any extent by alcohol. DWAI is a traffic infraction, not a criminal offense, with less severe penalties than DWI. A convictions for DWAI does not require the installation of an ignition interlock on any vehicle you own or have access to.

Additionally, New York has DWAI-Drugs (impairment by drugs other than alcohol) and DWAI-Combination (impairment by both alcohol and drugs), both of which carry penalties similar to DWI.

The DMV requires you to complete the Impaired Driving Program (IDP) before applying for your license after the suspension or revocation period due to any of these convictions.

Legally, you can refuse a breathalyzer test in New York. Refusing a chemical will result in the suspension of your driving privileges pending a DMV refusal hearing. We can help you navigate the refusal hearing process and how the refusal affects your license.

An experienced Westchester County DWI defense attorney provides crucial advantages:

1. Procedural Expertise: Courtney can identify violations in police procedures, improper stops, or flaws in field sobriety tests.

2. Technical Knowledge: We understand the science behind breath and blood testing and can challenge questionable results.

3. Local Court Experience: Our familiarity with Westchester County courts, judges, and prosecutors allows us to navigate the system effectively and anticipate prosecution strategies.

4. DMV Hearing Representation: We will assist you with DMV hearings to help preserve your driving privileges.

5. Alternative Sentencing Options: We can advocate for treatment programs, community service, or other alternatives to incarceration when appropriate.

6. Peace of Mind: Perhaps most importantly, we handle the complex legal process while you focus on your personal and professional responsibilities during this challenging time.

Our goal is to achieve the best possible outcome for your specific situation, whether that’s obtaining reduced charges, minimal penalties, or alternative sentencing options or taking your case to trial.

We are located at 1133 Westchester Avenue, Suite 221 in White Plains, NY 10601. You can contact Courtney here or call (914) 409-9717 to schedule an appointment.

When a DWI or Driving While Ability Impaired by Drugs (DWAI Drugs) is committed with a child in the vehicle, it will be charged as an Aggravated Felony, regardless of a lack of prior DWI convictions. Prosecutors often seek orders of protection preventing the driver from being in contact or communication with the child in the vehicle. Contact us to gain support in navigating this situation if you are charged with one of these felonies.