One Arrest.
Two Cases.
Act Fast.
A DWI arrest in New York sets off a criminal case in court and, often, a separate license fight at the DMV. Each has its own hearing and its own deadlines, and what happens in the first few days shapes both. Talk to a New York attorney who handles DWI and DWAI charges across the city before you decide anything.
New York law, plainly
Two Tracks.
Two Clocks.
The criminal court decides guilt and sentencing. The DMV decides what happens to your license. They run side by side, under different rules, and a result in one does not automatically settle the other.
New York splits impaired driving into DWAI, DWI (at .08 or on proof of intoxication), aggravated DWI (.18 or higher), and drug-related versions. Which one you're charged with sets the penalties.
Under §1194, drivers are deemed to consent to a chemical test within two hours of arrest. Refuse, and the DMV can revoke your license for at least a year, whatever happens in criminal court.
One confidential call can map your arraignment date, your DMV exposure and what the evidence looks like, at no charge and with no obligation.
"An arrest isn't a conviction. It's the start of two clocks, and only one of them waits for your court date."
What you may be charged with
Six Charges,
Very Different Stakes.
The same night can end in a traffic infraction or a felony. Here is how New York's statutes sort it out.
Driving While Ability Impaired (DWAI)
Impairment short of intoxication. A first offense is a traffic infraction, not a crime, with a $300 to $500 fine and up to 15 days in jail. Priors can raise it.
Driving While Intoxicated (DWI)
Charged per se at .08 or higher, or on proof of an intoxicated condition. A first offense is a misdemeanor carrying up to a year in jail and a license revocation of at least six months.
Aggravated DWI
A reading of .18 or higher. Still a misdemeanor the first time, but with a $1,000 to $2,500 fine and a revocation of at least one year.
DWI With a Child in the Car
Leandra's Law makes it a class E felony to drive drunk or drugged with a passenger 15 or younger, even on a first offense.
Drugs or Drugs Plus Alcohol
Prescription medication, cannabis and other drugs count if they impair your driving. There is no safe-harbor for something being legal or prescribed.
Chemical Test Refusal
Not a criminal charge, but a separate DMV case: a hearing before an administrative law judge, a revocation of at least a year and a $500 civil penalty if upheld.
A quick gut check
Reasons to Call
Sooner.
Most people who reach out are in one of these spots. If you recognize yours, the timeline is already running.
You were arrested in the last few days
Arraignment, a possible license suspension and the DMV hearing all move quickly.
You took a breath or blood test
A number isn't the end of the story. The stop, the arrest and how the test was run can all be challenged.
You refused the test
That triggers its own DMV hearing, separate from the criminal case, with a one-year minimum on the line.
A child was in the vehicle
If the passenger was 15 or younger, the charge can be a felony rather than a misdemeanor.
You drive for work or hold a license that matters
Commercial drivers and licensed professionals can face tougher limits and consequences beyond the court.
You have a prior within ten years
A qualifying earlier impaired-driving conviction can turn a new DWI into a class E felony.
What actually happens
Four Steps From
Arrest to Resolution.
Every case is different, but the path usually looks like this.
First Call
A connected New York attorney hears what happened, reviews your charges and tells you what is coming and when.
Protect the License
Your attorney tracks the arraignment, any suspension and the DMV hearing, so a deadline doesn't cost you more than the case itself.
Test the Evidence
Why you were stopped, whether there was cause to arrest, how the test was given and timed: each is a place the case can weaken.
Resolve It
That may mean negotiating within New York's plea limits, a hearing, or trial. You decide with the facts in front of you.
From people who've been there
In Their Words
"I thought the DMV part would sort itself out. Having someone explain there were two cases changed everything."
"The first call was calm and direct. I knew my court date and my license deadline before I hung up."
"No judgment, no pressure. Just what the charge meant and what my options were."
Common questions
What You Need to Know
Both come from Vehicle and Traffic Law §1192. DWAI (§1192(1)) means your ability to drive was impaired by alcohol; a first offense is a traffic infraction, not a crime, with a fine of $300 to $500 and up to 15 days in jail. DWI is charged either per se, at a blood alcohol content of .08 or higher (§1192(2)), or on proof of an intoxicated condition (§1192(3)); a first offense is a misdemeanor. Aggravated DWI applies at .18 or higher (§1192(2-a)(a)). A connected attorney can tell you which one applies to you.
Under VTL §1194(2), drivers are deemed to consent to a chemical test within two hours of arrest. A refusal triggers a separate DMV hearing before an administrative law judge and, if upheld, a license revocation of at least one year plus a $500 civil penalty ($750 and at least 18 months if you have a qualifying prior). Evidence of the refusal can also be used against you in the criminal case. The refusal case is separate from the criminal charge, so winning one does not end the other. Ask an attorney about your hearing.
Yes. A court can suspend your license at arraignment while the criminal case is pending, and a chemical test refusal is handled in a separate DMV proceeding with its own hearing. That is why the first days after an arrest matter: the license consequences can start well before any conviction.
Usually not. A first DWI or aggravated DWI is a misdemeanor. It becomes a class E felony if a child 15 or younger was in the vehicle (§1192(2-a)(b), known as Leandra's Law) or if you have a qualifying impaired-driving conviction within the previous ten years (§1193(1)(c)). A connected attorney can check your exposure.
Sometimes, but New York limits how far. Under VTL §1192(10), a plea to a DWI or DWAI charge generally has to resolve to an alcohol- or drug-related offense rather than an unrelated traffic ticket, with narrow exceptions such as when the prosecution concludes the charge isn't supported by the evidence. What is realistic depends on the stop, the test and the evidence.
Don't Wait
on Either Clock.
A private conversation about your charges and your license. Free, with no pressure to commit.