Arrested for DWI in Buffalo? What Happens to Your License at Arraignment

A DWI arrest moves fast. Within hours you may be released with a court date and a lot of questions. One of the first is the same for almost everyone: can I still drive to work?

This article explains, in general terms, how New York's Prompt Suspension Law works and what options may exist for drivers in Erie, Niagara and surrounding counties. It is general information, not legal advice, and every case turns on its own facts.

What is the Prompt Suspension Law?

In New York, a driver charged with DWI who has a chemical test result at or above the legal limit can have their license suspended at arraignment, before the case is decided. The court acts on the test result alone. That surprises many people, because they have not yet had a chance to answer the charge.

The suspension is separate from any penalty that could follow at the end of the criminal case. It is a step that happens early, and it can affect your job, your family's schedule and your daily routine right away.

What happens at arraignment

Arraignment is your first court appearance. In Western New York it may take place in a town or village court, or in a city court such as Buffalo City Court. At arraignment, you are told the charges, the court addresses release conditions and, in many cases, the court addresses your license.

• You hear the formal charges against you.

• You enter a plea, which is commonly not guilty at this stage.

• The court may suspend your license based on a chemical test result.

• A future court date is set.

Having an attorney with you at arraignment can matter, because decisions made on that first day shape what comes next.

Is there any way to keep driving?

Some drivers may be eligible to apply for limited driving privileges while a case is pending. One example is a pre-conviction conditional license. These licenses are not automatic. Eligibility depends on factors such as your driving record, the nature of the charge and the paperwork you provide. Where one is granted, it typically restricts when and where you may drive, for example to and from work, school or medical appointments.

A hardship license is a related but different concept, and the rules for each depend on the circumstances. An attorney can look at your record and the facts of your arrest and tell you what may apply to you.

Refusing a chemical test is a different path

If a driver refuses a chemical test, the process is handled differently, through a Department of Motor Vehicles proceeding with its own deadlines. Missing a deadline can limit your options, so do not wait to get advice.

Steps to consider after an arrest

• Write down the date of your arrest and your next court date.

• Keep every document you were given at the time of the arrest.

• Do not discuss the details of your case with anyone except your attorney.

• Speak with a criminal defense attorney early, before your arraignment if possible.

Talk to an attorney about your situation

Jeffrey V. Scherer is a Buffalo criminal and DWI defense attorney and a former assistant district attorney. If you or someone you know has been charged with DWI in Western New York, call 716-316-3160 for a free consultation.

Attorney advertising. This article is general information and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case is different. Prior results do not guarantee a similar outcome.