If you’ve been arrested for DWI in New York City, you’re likely dealing with stress, confusion, and uncertainty. A DWI charge is serious — but the outcome of your case depends heavily on what happens immediately after your arrest.

At the Law Office of Gina M. Wicik, we’ve helped clients across New York and New Jersey fight DWI charges, protect their licenses, and minimize long-term consequences.

This is your complete, step-by-step guide to what happens after a DWI arrest in NYC — and how to put yourself in the strongest possible position.

🔍 Step 1: The Traffic Stop & DWI Arrest

Most DWI cases begin with a traffic stop conducted by the New York City Police Department.

Why you may be stopped:

• Swerving or erratic driving
• Speeding or traffic violations
• Checkpoints (sobriety checkpoints are legal in NYC)

What happens next:

• Officer observes your behavior (speech, smell, coordination)
• You may be asked to perform field sobriety tests
• A portable breath test (PBT) may be administered roadside

Critical mistake to avoid:

Anything you say can be used against you. Even casual statements like:

“I only had a couple drinks”

can be used as evidence.

🧪 Step 2: Chemical Testing (Breath, Blood, or Urine)

After arrest, you will be asked to take a chemical test to determine your blood alcohol concentration (BAC).

Legal limit in New York:

• 0.08% BAC = DWI
• 0.05%–0.07% = DWAI (lesser charge)
• 0.18%+ = Aggravated DWI

Refusing the test?

Refusal triggers immediate consequences under the New York State Department of Motor Vehicles:

• Automatic license suspension
• Civil penalties
• Separate DMV hearing

⚠️ Important: Refusing does NOT mean you avoid prosecution.

📄 Step 3: Booking & Release (DAT vs. Custody)

After arrest, you’ll be processed at a police station.

You may:

• Be fingerprinted and photographed
• Have your personal property inventoried
• Receive a Desk Appearance Ticket (DAT) OR
• Be held for arraignment

What determines this?

• Prior criminal record
• BAC level
• Whether an accident occurred
• Severity of charges

⚖️ Step 4: Arraignment in NYC Criminal Court

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Your arraignment is your first court appearance, typically handled within the New York State Unified Court System.

What happens:

• Charges are formally read
• You enter a plea (almost always not guilty)
• Bail or release conditions may be set
• The judge addresses your driver’s license

🚫 Step 5: Immediate License Suspension (Per Se Law)

If your BAC is 0.08% or higher, the judge will likely suspend your license on the spot.

This is called:

👉 A “per se suspension”

Can you still drive?

Yes — in many cases, you may qualify for a:

✔️ Conditional License

Allows driving for:

• Work
• School
• Medical appointments
• Court obligations

🧑‍⚖️ Step 6: Building Your Defense Strategy

This is where hiring the right lawyer becomes critical.

At the Law Office of Gina M. Wicik, defense strategies often focus on:

🔎 Challenging the stop:

• Was there probable cause?

🧪 Challenging the test:

• Was the breathalyzer calibrated correctly?
• Were procedures followed?

🎥 Reviewing evidence:

• Body cam footage
• Dash cam video
• Arrest reports

⚠️ Constitutional violations:

• Improper questioning
• Illegal search and seizure

🏛️ Step 7: DMV Refusal Hearing (If You Refused Testing)

Separate from your criminal case.

Conducted by:

New York State Department of Motor Vehicles

Timeline:

• Typically within 15 days

If you lose:

• License revoked for at least 1 year
• Civil penalty ($500+)

📉 Step 8: Negotiations, Motions & Trial

Most cases don’t go to trial — but preparation is everything.

Possible outcomes:

• Charges reduced (DWI → DWAI)
• Case dismissed (in rare but possible scenarios)
• Plea agreement

If trial happens:

• Jury hears evidence
• Prosecution must prove guilt beyond a reasonable doubt

🚗 Step 9: Penalties for a DWI in NYC

First Offense DWI:

• Fine: $500–$1,000
• License revocation: minimum 6 months
• Jail: up to 1 year
• Ignition interlock device required

Additional consequences:

• Criminal record
• Insurance increases
• Employment challenges

📊 Long-Term Impact of a DWI in New York

A DWI conviction can affect:

💼 Employment:

• Background checks
• Professional licenses

🚗 Insurance:

• Premiums can double or triple

🌎 Travel:

• Issues entering certain countries

⭐ Why Hiring the Right DWI Lawyer in NYC Matters

Not all DWI cases are equal — and neither are all lawyers.

The Law Office of Gina M. Wicik focuses on:

• Aggressive defense strategies
• Personalized case attention
• Deep knowledge of NYC courts
• Proven results in DWI and traffic cases

⏰ The First 72 Hours Are Critical

After your arrest:

• Evidence needs to be preserved
• Deadlines must be met
• Strategy must be built early

Waiting can hurt your case.

📞 Speak With a NYC DWI Lawyer Today

If you’ve been arrested for DWI in NYC, don’t leave your future to chance.

The Law Office of Gina M. Wicik is ready to fight for you, protect your license, and guide you through every step of the process.

❓ FAQ: What Happens After a DWI Arrest in NYC

1. Will I lose my license immediately?

Yes, if your BAC is 0.08% or higher — but you may qualify for a conditional license.

2. Can a DWI be dismissed in NYC?

Yes, depending on evidence, procedures, and legal defenses.

3. Should I refuse a breath test?

Refusal leads to automatic penalties — but each case is different.

4. How long does a DWI case take?

Anywhere from a few months to over a year.