The Law Offices of John Ferrara

What Happens To My Physical Driver’s License After A DWI Arrest?


If one has refused the chemical test, the court will have taken one’s license and right to drive in New York (if one is licensed by another state, New York will only take one’s right to drive in New York). If the court has already arraigned the accused, and one had a BAC of 0.8 or greater, the judge may have suspended one’s license under the prompt suspension law.

What Are Some Common Mistakes People Make After They Have Been Arrested?

  1. One can think he will talk himself out of the charges and give the police a detailed statement. Inevitably, these hurt far more than they help. The police will tell the defendant that he has the right to remain silent. The defendant should use that right.
  2. If the court issues an order of protection as a condition of bail, one should abide by that order to the letter. Failure to do so can (and probably will) lead to additional charges.
  3. One can get arrested again. Yes, people do this. Please do not do this.
  4. Although it is not common, some people try to eliminate evidence of their crime following their arrest. This can lead to additional charges, such as witness tampering or tampering with physical evidence. (See Penal Law Article 215). It is never a good idea to make what may be bad worse.

Will I Have A Criminal Court Appearance In The First Month After An Arrest?

Most likely one will appear in court within the first month. There are exceptions to this rule. If the case is not that serious and the court meets infrequently or the holidays are upcoming, the first appearance may be more than a month away. Also, if the case involves drugs or alcohol, and one engages in substance abuse treatment, then on consent the case will often delay to allow for the treatment.

How Often Should I Expect To Meet My Attorney In The First Month After An Arrest?

Your attorney needs to know the facts of the case, contact information for witnesses, your background, and your ultimate wishes about whether to enter a deal or to put the prosecution to its burden of proof. You need to know the procedure, what the prosecution must prove to convict you of the crime or crimes, your exposure to jail, fines and collateral consequences if you are convicted, the likelihood of conviction on the known facts, and your alternatives.

Different cases will require more or less time to satisfy these requirements. It may not always be possible for all of the information needed to be in the hands of the lawyer or the client inside 30 days. But however many meetings it takes to accomplish these requirements and for you to feel you have all the information you need to make important decisions about your case is the number of meetings that the client and lawyer should have.

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

In our county, the answer varies between 0 and 3 times per week. This varies on the case and one’s history. In many cases, the court does not order pretrial release. In those cases where the court does order pretrial release, one must abide by all of the conditions, including meeting the required number of times per week.

Should I Voluntarily Start Pretrial Counseling?

This is case specific. Normally, in a case where substance abuse is involved (DWI, possession of a controlled substance, domestic violence while under the influence), I will recommend an evaluation and treatment. But I would not want to recommend this without first speaking with the client in detail.

What Is The Best Advice You Would Give To Someone Who Has Been Arrested?

Again, this is case specific. Certainly, there are plenty of things to avoid: additional arrests, violations of court orders, missed court dates, acts of irresponsibility. It is hard to see how any of these could ever help. It might be tempting to advise a client to seek treatment, but sometimes treatment is not needed urgently and what is needed urgently is the payment of bills or the gathering of restitution, which requires one to work. Full-time work may be more important than inpatient treatment.

Sometimes, the opposite is true. There may also be the need to speak with a good immigration lawyer. Perhaps one kind of conviction will result in removal from the United States while another will allow one to stay. We need to know this so that we can try to persuade the authorities to allow the more favorable outcome. The best thing one can do is to hire counsel and spend time trying to formulate a plan to reach the best possible outcome.

For more information on Driver’s License Consequences In a DWI Arrest, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (845) 794-1303 today.

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