Queens County Bar Association
Martindale Hubbell - Distinguished 2023

What Happens to Driving Privileges in the Case of a DWI Arrest?

In almost every DUI case, once you appear in front of a judge, the judge is going to suspend your license. The law says that if you have a Blood Alcohol Content (BAC) reading higher than a 0.08%, then a judge will suspend your license. If you have refused to take the test, then the judge is going to suspend your license, and give you a relatively short date to appear before a Hearing Examiner at the Motor Vehicles Bureau to determine if your license should be revoked, because you failed to take the test. So either way, in almost all cases, your license is going to be suspended or revoked.

The only time when it will not be suspended is if you have taken a breathalyzer test, the reading is under 0.08%, and they are charging you with DWI in spite of a low blood alcohol reading. That is about the only time that you can continue to drive. If you have taken the alcohol test with a reading over 0.08% as I indicated, your license would be suspended. However, after thirty days, the Motor Vehicles Bureau should contact you, and offer to give you a conditional license, which you will be able to use during the duration of the court case.

What Are The Common Mistakes People Make After An Arrest That Could Harm Their Case?

The most common mistake about criminal cases in general, is that under no circumstances should you try to explain yourself, and give your side of the story to the police. It is amazing how often statements that people make, thinking they are helping themselves, end up hurting them. Any statements that might be helpful are not usable in court anyway. Therefore, under no circumstances should you answer any questions about what actually happened in the case. Your words can only harm you.

Another thing that people sometimes do in cases involving civilian complainants, is they try to contact the complainant, and try to convince them that they should not go ahead with the case. That is a sure way of getting yourself back to jail, and this time you will not be out for a long time. Under no circumstances should you contact a complainant, or a witness against you. Your attorney is entitled to do that, you are not.

Does Someone Have A Criminal Court Appearance In The First Month Following An Arrest?

Not everyone will who is involved in a criminal case will appear in court within a month. That depends on whether your attorney knows what he is doing. If you are stuck in jail, your attorney will demand an adjournment of five or six days which will assure your release if the DA is not ready on the next date. In most domestic violence cases, defendants are ordered to stay away from their spouse or significant other and can’t even see their children. The Court will typically adjourn your case for up to two months, during which time nothing can be done to get you back with your family. A good attorney will try to get that case on the calendar as quickly as possible, perhaps within a week, so he can try to resolve the issues and at least try to get you reunited with your family.

How Often Should I expect To Meet With My Attorney In The First 30 Days After An Arrest?

You should expect to meet with your attorney as often as necessary in your particular case. There is a lot to discuss with your attorney. Your attorney is going to want to know every detail of what happened. He is going to want to know everything he can about your background. Therefore, your attorney is going to try, and get as much information as he can in his first interview. Generally, when you have an interview with your attorney, new questions arise that have to be answered. It is likely that your attorney is going to want you to come back, and see him again as many times as necessary. A good attorney is not going to skimp on the amount of time that he spends with you, and every case is different, but you should expect to see your attorney multiple times before you go back to court.

Will I Have To Meet With A Pre-Trial Probation Office In The First 30 Days After An Arrest?

The only time you have to meet in a pre-trial probation situation in Queens County is because of a relatively new program for people who are on the borderline of whether they should be released without bail. Defendants are now sometimes released subject to supervision by a court agency that stays in touch with them and makes sure they are following the correct path. That is obvious advantage for somebody who might not otherwise be released.

In DWI cases, defendants will be directed, usually at arraignment, to be assessed by an OASIS facility to determine if they require alcohol treatment. It is usually helpful if a defendant does the assessment as soon as possible. Often, no treatment is suggested. If treatment is required, it can be started as soon as possible. Either outcome can be used by your attorney to obtain a better outcome of the case.

For more information on Driving Privileges In A DWI Case, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (718) 793-5700 today.

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