Share:

If you are facing DWI charges and this is your first offense, you are probably wondering what happens next. Although the criminal justice system is complicated and every case is different, there are a few stages you can expect your DWI case to pass through during the proceedings.

To discuss these proceedings with a criminal defense attorney so you can determine the best way to fight your charges, turn to Ozman Law Offices in Walden, New York, as soon as you get arrested. The legal team at their firm can help you devise a solid defense and may even be able to negotiate for reduced charges on your behalf. 

What Happens When You Get a DWI?

The Initial Stages

Within 72 hours of the arrest, you will attend an arraignment. During this appearance, a judge will tell you the charges brought against you, ask for a plea and declare your bail or release options. It is a good idea to retain an attorney before the arraignment so he or she can gain a thorough understanding of your charges at this court appearance.

dwiTwo Weeks Later

If you refused to submit to breath, urine, or blood tests, you will also have to attend a DMV refusal hearing within two weeks of the arrest. The DMV hearing is separate from other court proceedings. Also, New York has a Zero Tolerance Law, which means if you are under the age of 21, are driving and fail the Blood Alchohol Content (BAC) test, you are subject to immediate license revocation for one year. New York is also an “Implied Consent” state, whereby if you’re a licensed driver of the state, you’ve already give your agreement for sobriety testing by accepting the driver’s license. The first time you refuse to submit is an automatic forfeiture of your license for a year, whether you’re convicted or not. The punishments grow more harsh with each impending refusal.

One Month Later

Approximately one month after the arraignment, you can expect to attend a pretrial conference, during which your attorney may negotiate with the District Attorney for a plea bargain on your behalf. If a plea bargain hasn’t been reached, or you refuse to accept one, you must then attend a trial within three months.

Possible Penalties

If convicted or a plea bargain has been struck, you’ll then receive your sentencing. The penalties for a DWI conviction increase with subsequent offenses, and they might include jail time, fines, alcohol classes, and community service.

If you are facing DWI charges, there is a lot at stake. The sooner you hire an attorney, the sooner you can start building a defense. The team at Ozman Law Offices in Walden, New York, will help you devise an effective legal strategy for your particular case. Check out their website to learn more about the legal counsel they provide, and call (845) 778-7777 to schedule a consultation today.

tracking