Frequently Asked Questions in New York DWI Cases

Will I be able to get my case dismissed because I was not read my rights?

Probably not. But if you were interrogated after being placed in custody, your statements can not be used against you.

What are my rights?

See Know your rights in a New York DWI

Will I go to jail?

On a first offense, probably not. On second or later offenses, it becomes more probable, but an experienced attorney may be able to keep you out.

If my DWI is reduced to a DWAI (Driving While Ability Impaired), what do I gain?

In New York DWAI is not counted as a crime although it is an alcohol offense that will remain on your record. While DWAI most likely will not be considered by other states, except New Jersey, DWI travels across state lines. DWAI may avoid an interlock for multiple offenders.

I had two alcohol offenses when I was younger. What will happen to my license if I have a third conviction?

If you were adjudicated a youthful offender, the prior offenses cannot be used in determining an extended revocation period.

I have three serious offenses within seven years, what will become of my license?
Depending on the offenses, your license may be permanently revoked.

How many hours of alcohol classes will I have to take?

The program consists of seven classes totaling a minimum of 15 hour.

What will happen if I do not complete the classes or community service ordered by the Court?

You may go to jail.

I lost my New York license. May I obtain a license in another state.

In most cases, no.

If I obtain an international driver's license, may I drive in New York, even though my New York license is revoked?

No.

Am I a bad person, because I was arrested for DWI?

No, but you are well advised never, never smell like alcohol while behind the wheel. You do not need to feel humiliated.

What if I burped within twenty minutes of blowing?

The breath machine may have read alcohol from your stomach rather than you lungs. The result may be incorrect. A similar problem occurs with dentures.