A Driving While Intoxicated (DWI) arrest on Long Island triggers a criminal court case, and depending on how you handled the chemical test, it can also trigger a separate Department of Motor Vehicles (DMV) administrative action against your license. Doing these three moves right away can greatly affect the outcome of your DWI charge: stay silent about the incident, contact a DWI defense attorney before your arraignment, and track the two separate clocks that start within hours of your arrest.
Long Island DWI defense attorney Jason Bassett brings many years of experience as a former prosecutor and Special Assistant Attorney General to protect drivers across Suffolk and Nassau Counties. Attorney Bassett uses his prosecutorial insight to challenge traffic stops, contest prompt license suspensions at arraignment, and leverage DMV refusal hearing testimony to strengthen your defense.
This guide walks through what to do first after a DWI arrest, what happens at your arraignment, what happens to your license, how the DMV refusal hearing works, and how to protect your driving privileges while your case is pending.
A DWI arrest can move quickly in both court and DMV proceedings. Contact The Law Office of Jason Bassett at (631) 259-6060 to schedule a consultation and discuss your next steps.
What Should You Do Immediately After a DWI Arrest?
The decisions you make in the first few days after a DWI arrest affect both your criminal case and your driving privileges. Doing these steps can protect your rights, preserve evidence, and keep you ahead of the DMV deadlines that begin right after an arrest.
- Stay silent about the arrest: Do not discuss the details with anyone other than your attorney.
- Stay off social media: Do not post about the arrest, the stop, or your night out.
- Save every piece of paperwork: Keep any tickets, receipts, and the temporary license the officer issued.
- Write down what happened: Note the traffic stop, what the officer said, what tests were administered, and anything unusual about the process.
- Confirm your arraignment date: Know and remember when and where you are expected in court.
- Call a DWI defense attorney before the arraignment date: An attorney can advise you on both the criminal case and the DMV proceedings and begin building your defense before critical deadlines pass.
What Happens to Your License Right After Arrest?
After an arrest, your license proceedings depend on whether you took a chemical test or refused it. If you submitted to a chemical test and it resulted in a BAC of 0.08% or higher, the court must suspend your license at arraignment under New York’s prompt suspension law while the case is pending. However, if you refused the chemical test, a dismissal of criminal charges does not automatically restore your license; you must resolve the DMV administrative process independently.
What Happens at Your First Court Appearance in New York?
The criminal case begins with an arraignment, usually within 24 to 48 hours of your arrest. At the arraignment, a judge formally reads your charges, sets bail or release conditions, and schedules future court dates. In Suffolk County, misdemeanor DWI cases are heard at the First District Court in Central Islip.
The charges you face depend on the circumstances of your arrest. Under New York Vehicle and Traffic Law (VTL) § 1192, the main charges include:
- Driving While Ability Impaired (DWAI): For lower levels of impairment (BAC between 0.05% and 0.07%).
- DWI: For a blood alcohol content (BAC) of 0.08% or higher, or visible intoxication.
- Aggravated DWI: For a BAC of 0.18% or higher.
Arraignment is also where license suspensions take effect:
- For chemical test results of 0.08% or higher: New York’s Prompt Suspension Law (VTL § 1193(2)(e)(7)) requires the judge to suspend your license pending prosecution.
- For chemical test refusals: Under VTL § 1194(2)(b), the judge temporarily suspends your license at arraignment and refers the case to the DMV for a refusal hearing.
What Happens at a DMV Refusal Hearing?
If you refused a chemical test, your license is temporarily suspended at arraignment, and the court forwards the report to the DMV. New York law requires the DMV to hold a refusal hearing within 15 days of arraignment. If the DMV fails to hold the hearing within 15 days through no fault of your own, your driving privileges are reinstated pending the rescheduled hearing.
At the hearing, an Administrative Law Judge (ALJ) determines four specific points:
- Did the police officer have reasonable grounds to believe you were driving under the influence?
- Did the officer make a lawful arrest?
- Were you given clear and unequivocal warnings about the consequences of refusing the test?
- Did you refuse to submit to the chemical test?
If the ALJ sustains the refusal, a first offense results in a minimum one-year revocation and a $500 civil penalty. If the judge rules in your favor, the refusal charge is dismissed.
Attending the hearing allows your attorney to cross-examine the arresting officer and identify weaknesses in the state’s case. Even if the refusal is sustained, the testimony gathered can be valuable for your criminal defense in court.
Key Takeaway: The court automatically notifies the DMV of a refusal, but failing to attend or contest the DMV refusal hearing locks in a mandatory one-year revocation and a $500 civil penalty. Mark the date and involve an attorney immediately.
What Is the Difference Between Suspension and Revocation?
A license suspension temporarily removes your driving privileges for a set period; once it ends, you pay a termination fee, and your license is restored. A license revocation cancels your license, and after the revocation period ends, you must apply for a new license or restoration of driving privileges.
The DMV may require an approval, a reapplication fee, and, in some cases, written and road tests. For most DWI convictions in New York, the penalty is revocation rather than suspension.
How Long Is Your License Revoked for a First DWI in New York?
The type and length of the license penalty depend on the specific charge and whether you have prior offenses. A first-time DWI conviction under VTL § 1192 results in a minimum six-month license revocation. A first-time Aggravated DWI conviction (BAC of 0.18% or higher) carries a minimum one-year revocation. A first-time DWAI conviction carries a 90-day license suspension.
| Offense | Classification | License Penalty (First Offense) |
|---|---|---|
| DWAI, VTL § 1192(1) | Traffic infraction | 90-day suspension |
| DWI, VTL § 1192(2)/(3) | Misdemeanor | 6-month revocation |
| Aggravated DWI, VTL § 1192(2-a) | Misdemeanor | 1-year revocation |
| DWAI-Drugs, VTL § 1192(4) | Misdemeanor | 6-month revocation |
| DWAI-Combination, VTL § 1192(4-a) | Misdemeanor | 6-month revocation |
| Chemical test refusal (first) | Administrative penalty | 1-year revocation + $500 civil penalty |
Key Takeaway: Conviction penalties apply after conviction or sentencing, but a court must suspend your license at arraignment while the case is still open. Those are two different timelines, and both can affect your ability to drive.
Long Island DWI Defense Attorney – Law Offices of Jason Bassett, P.C.
Jason Bassett, Esq.
Jason Bassett earned his B.A. from the University of Pennsylvania in 1994 and his J.D. from Boston College Law School in 1999. With over two decades of legal experience, his government service includes roles as a Queens County Assistant District Attorney, a New York Special Assistant Attorney General, and a Suffolk County Principal Assistant County Attorney. He is admitted to practice in New York State and federal courts, including the U.S. Court of Appeals for the Second Circuit.
In his private practice, Mr. Bassett defends individuals facing DWI and DWAI charges across Long Island. Utilizing his prosecutorial background, he represents drivers in both criminal court proceedings and administrative DMV refusal hearings governed by New York’s prompt suspension laws. He is a member of the National College for DUI Defense and the Suffolk County Criminal Bar Association.
Can You Retain Driving Privileges While Your Case Is Pending?
If your license is suspended at arraignment under the Prompt Suspension Law, New York provides options to regain limited driving privileges while your case is pending:
- Hardship License: Within three days of arraignment, you can request a hardship hearing. If you can prove extreme hardship (no other means of travel to work or necessary medical care), the court may issue a hardship license (VTL § 1193(2)(e)(7)(e)).
- Pre-Conviction Conditional License: After 30 days under prompt suspension, eligible drivers can apply for a pre-conviction conditional license by enrolling in the DMV’s Impaired Driver Program (IDP), formerly known as the Drinking Driving Program (DDP).
A conditional license permits driving to and from work, school, medical appointments, childcare, and required program sessions.
Refusal Exclusion: If you refused the chemical test, you are ineligible for a hardship license or pre-conviction conditional license during the refusal revocation period.
Key Takeaway: Enrolling in the Impaired Driver Program early is the primary path to limited driving privileges during a suspension or revocation. However, refusing a chemical test blocks eligibility for conditional driving privileges during the refusal revocation.
What Mistakes Should You Avoid After a DWI Arrest?
Some common missteps make a DWI case harder to defend and can create consequences that are difficult to undo. Watch out for these pitfalls in the days after your arrest:
- Talking to police about your night without a lawyer present.
- Posting about the arrest, the stop, or your plans on social media.
- Missing or skipping your DMV refusal hearing.
- Driving on a suspended or revoked license.
- Ignoring DMV paperwork and the deadlines that come with it.
Get Help from a Long Island DWI Attorney Today
A DWI arrest triggers two fast-moving legal processes that put your driving privileges and criminal record at risk. Prompt legal intervention before your arraignment is critical to fight prompt license suspensions, petition for conditional driving privileges, and meet the strict 15-day DMV refusal hearing deadline.
Long Island DWI defense attorney Jason Bassett brings over two decades of legal experience, including past service as a prosecutor and Special Assistant Attorney General. Attorney Bassett manages both your criminal court defense and DMV administrative proceedings across Suffolk and Nassau Counties, scrutinizing traffic stops and chemical test results to challenge the prosecution’s case and prevent automatic license revocations.
Protect your driving privileges and secure a strong defense. Call the Law Offices of Jason Bassett, P.C. at (631) 259-6060 or visit our office at 320 Carleton Ave #4200 in Central Islip for a free consultation.
Frequently Asked Questions about What To Do After a DWI Arrest
Do I have to appear in court for a DWI arraignment in Suffolk County?
Yes. Arraignment is mandatory for DWI charges in New York, and you appear before a judge who reads the charges, sets bail or release conditions, and schedules future court dates. Having an attorney present at this first appearance is important, because the prompt suspension law can affect your license at this stage.
Can a DWI charge be reduced or dismissed?
DWI charges can sometimes be reduced to a lesser offense such as DWAI, depending on the strength of the evidence. Procedural errors, such as an improper traffic stop or a flawed chemical test, can lead to dismissal in some cases. Outcomes depend on the specific facts of your case.
What’s the difference between a DWAI and a DWI?
DWAI (alcohol) applies when a driver’s BAC is more than 0.05% but less than 0.08%, or when there is other evidence of impairment below the 0.08% DWI threshold. DWI is a misdemeanor (or a felony for repeat offenses) that applies at a BAC of 0.08% or higher. DWAI carries lighter penalties, including a 90-day suspension instead of a six-month revocation.
How long does a DWI stay on your driving record?
New York does not expunge DWI convictions, though some convictions may be eligible for sealing under New York record-sealing laws. Sealing is not the same as expungement, and DMV records may still be retained or used for motor-vehicle and penalty purposes. On a DMV driving record, alcohol- and drug-related driving convictions can remain visible for 10 or 15 years, depending on the violation.
Am I eligible for a conditional license if I refused the chemical test?
If you refused the chemical test, you are not eligible for a conditional license during the one-year refusal revocation period. Eligibility can also depend on whether you have prior DWI offenses.