DWI Information
"We wrote the book on defending DWI's."
As a result of an arrest for DWI, you are going to have numerous questions. Over the years, our firm has learned that certain questions are frequently asked by our clients. There have been many changes to DWI prosecution laws, and legal advice may change as the justice system provides further guidance. Below we have covered the most commonly asked questions.
For a detailed overview of the consequences you may face, please visit our DWI Penalties page.
License Regulations for Multiple Offenders
Updated February 2026
| Offense History | Consequence |
|---|---|
| 4 alcohol- or drug-related incidents in a lifetime | Permanent revocation (reduced from 5 effective February 2026) |
| 3 incidents plus a "Serious Driving Offense" within 25 years | Permanent revocation |
| 3+ alcohol- or drug-related convictions or refusals within 10 years | Possible permanent revocation; waiver request permitted after at least 5 years |
Frequently Asked Questions
Will I go to jail for a DWI in New York?
For a first-offense DWI, jail time is possible (up to 1 year) but not always imposed. Penalties depend on your BAC level, prior record, and the circumstances of your arrest. An experienced DWI attorney can often negotiate alternatives to jail time.
Can I refuse a breathalyzer test in New York?
You can refuse, but New York's implied consent law means refusal results in an automatic 1-year license revocation and a $500 civil penalty, regardless of the outcome of your criminal case. Refusal can also be used as evidence against you at trial.
What is the difference between DWI and DWAI?
DWI (Driving While Intoxicated) requires a BAC of .08% or higher and is a misdemeanor. DWAI (Driving While Ability Impaired) typically applies at BAC levels of .05%–.07% and is a traffic infraction, not a criminal offense. DWAI carries lighter penalties including lower fines and a 90-day license suspension for a first offense.
How long does a DWI stay on my record in New York?
New York does not expunge convictions, but under the Clean Slate Act (effective November 2024) a misdemeanor DWI is automatically sealed after 3 years and a felony DWI after 8, provided you have no pending charges and are off probation or parole. Sealing does not clear your DMV record: the conviction remains on your driving abstract for 15 years and still counts as a prior offense.
Can I still drive after a DWI arrest?
After a DWI arrest, your license may be suspended at your arraignment. However, you may be eligible for a hardship privilege that allows limited driving (to and from work, medical appointments, etc.) during the suspension period. Your attorney can request this at your court appearance.
What happens at a DWI arraignment?
At arraignment, the judge will read the charges against you, set bail (if applicable), and may suspend your license. You will enter a plea. This is a critical stage; having an attorney present can help protect your rights and potentially secure a hardship driving privilege.
Charged with DWI in Western New York?
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