If you’ve been arrested for Driving While Intoxicated (DWI), you’re likely feeling confused, overwhelmed, and unsure of what to do next. Our firm helps people like you navigate the legal system, protect their rights, and get their lives back on track. Below are some of the most frequently asked questions we hear from clients facing DWI charges.

What is a DWI in New York?

DWI (Driving While Intoxicated) means operating a motor vehicle while under the influence of alcohol, drugs, or both. In New York State you’re considered legally intoxicated if your blood alcohol concentration (BAC) is 0.08% or higher (and over the age of 21). However, you can still be charged even if your BAC is lower—especially if law enforcement believes your ability to drive was impaired.

Will I go to jail for a first-time DWI?

Jail time is possible for a first offense, but not always required. Many first-time DWI offenders may be eligible for probation, deferred adjudication, or alternative sentencing programs. The outcome will depend on the specific circumstances of your case, including your BAC, whether an accident occurred, and whether anyone was injured.

What are the penalties for a DWI conviction?

Penalties vary depending on your state, prior offenses, and the severity of the incident. Common consequences include:

• Jail or probation
• Fines and court costs
• Suspension or revocation of your driver’s license
• Mandatory alcohol education or treatment programs
• Community service
• Installation of an ignition interlock device (IID)

An experienced DWI attorney can help reduce or even eliminate some of these penalties.

Can I get my license back after a DWI?

Yes, but not automatically. Your driver’s license may be suspended shortly after your arrest—even before your case goes to court. To get your license reinstated, you’ll need to follow certain steps, which may include:

• Requesting an administrative hearing within a limited time frame
• Completing a DWI education program
• Paying reinstatement fees
• Installing an ignition interlock device

We can guide you through the reinstatement process and represent you at your license suspension hearing to improve your chances of getting your driving privileges restored as quickly as possible.

Can I get my car back after a DWI arrest?

In many cases, yes. If your vehicle was impounded during your DWI arrest, you’ll likely need to:

• Pay towing and impound fees
• Provide proof of ownership and insurance
• Present valid identification
• Possibly obtain a court release if required by your jurisdiction

It’s important to act quickly—impound fees can accumulate daily, and failure to claim your car within a certain period could result in additional complications. Our team can help you understand your local rules and get your vehicle released promptly.

Can I refuse a breath or blood test?

You can, but there are consequences. Under most New York’s implied consent laws, refusing a breath or blood test can result in an automatic license suspension—often longer than if you had submitted to the test. However, in some cases, refusing the test may create legal opportunities to challenge the evidence against you. Only a qualified attorney can help you assess the impact of your decision and build the strongest possible defense.

Do I really need a lawyer for a DWI?

Yes — DWI charges carry serious, long-term consequences, including a criminal record, loss of driving privileges, and even jail time. An experienced DWI lawyer understands how to challenge traffic stops, field sobriety tests, chemical results, and other elements of the prosecution’s case. Your best chance at reducing or dismissing the charges starts with strong legal representation.

Can a DWI charge be dismissed or reduced?

Yes, it’s possible. DWI cases may be dismissed or reduced for a variety of reasons, such as:

• Illegal traffic stop or arrest
• Faulty or improperly administered breath or blood tests
• Violation of constitutional rights
• Errors in police reports or testimony

We meticulously investigate every aspect of your case to find opportunities for dismissal or reduction.

How long does a DWI stay on my record?

A DWI conviction may stay on your record permanently, and often for at least ten years (with no additional criminal charges during that time). Some states allow for expungement or record sealing after a certain period, particularly for first-time offenders. We’ll help you explore every legal option to clear your record.

What should I do after a DWI arrest?

• Stay calm and cooperative with law enforcement.
• Do not admit guilt or answer detailed questions without a lawyer present.
• Write down everything you remember about the arrest.
• Contact a DWI defense attorney immediately.

At the Law Offices of Michael S. Discioarro, we understand how stressful and intimidating a DWI charge can be. Our experienced NYC DWI Attorneys have in-depth knowledge of New York’s DWI laws and procedures, and we are dedicated to providing you with a defense strategy designed to protect your rights and your future. Here’s why our clients trust us to represent them in DWI cases:

We Are Your Key To Fight DWI Charges

Contact us today to schedule a consultation with one of our experienced New York City DWI Attorneys. Let us fight for you and help you get the second chance you deserve. Your future is too important to leave to chance — trust us to be by your side every step of the way. Call 917-519-8417 to consult with an experienced NYC DWI Attorney.