The Legal Consequences of a DWI and How to Handle Them

Driving while intoxicated, or DWI, is a serious offense in New York. When someone is arrested for DWI, it affects far more than just a traffic violation—it brings real legal, personal, and financial consequences.

As attorneys working with clients throughout Westchester County and beyond, we at the Law Office of Michael D. Litman, PLLC understand how a DWI charge can impact every part of someone’s life.

What Qualifies as a DWI in New York

In New York, a DWI charge isn’t limited to alcohol-related impairment. While alcohol is the most common cause, the law also applies to impairment caused by drugs—both legal and illegal. A driver may be charged with a DWI if their blood alcohol concentration (BAC) is 0.08% or higher, or if a law enforcement officer observes signs of impaired driving. There are also related charges that carry different legal consequences. For instance, a DWAI (Driving While Ability Impaired) may be issued when a driver's BAC is between 0.05% and 0.07%. An Aggravated DWI applies if the BAC is 0.18% or higher, leading to significantly harsher penalties. Additionally, a DWI-Drugs charge addresses impairment due to controlled substances or even certain prescription medications. Understanding the distinctions among these charges is crucial, as each one involves unique legal considerations and potential penalties.

The Legal Penalties for a DWI Conviction

The consequences of a DWI in New York are strict, especially for those with prior convictions. The penalties increase with each offense and depend on the specifics of the case.

For a first-time DWI offense, the penalties may include:

• Up to 364 days in jail

• A fine between $500 and $1,000

• A six-month license revocation

• Mandatory attendance in a DWI program

• Installation of an ignition interlock device (IID)

A second DWI offense within 10 years is considered a Class E felony. This can result in:

• Up to four years in prison

• Fines up to $5,000

• License revocation for at least one year

• A mandatory IID for a set period after driving privileges are restored

A third offense within 10 years becomes a Class D felony, and the penalties are even more serious, often including longer prison sentences and permanent damage to a person’s driving record.

The court may also order an alcohol evaluation, counseling sessions, or community service. Each of these penalties can interfere with work, family life, and daily responsibilities. That’s why it’s important we take DWI charges seriously from the very beginning.

How a DWI Affects Your License and Driving Privileges

One of the most immediate impacts of a DWI arrest is the suspension or revocation of a driver's license. In most cases, the license is suspended at arraignment, even before the court makes a final decision. This is known as a pre-conviction suspension.

After a conviction, the court will typically revoke the license for a defined period based on the offense. However, New York law may allow for a conditional license under certain circumstances, allowing a person to drive to work, school, or medical appointments.

In addition to license revocation, most DWI convictions require the installation of an ignition interlock device. This small breathalyzer must be used every time a person starts their vehicle. It’s both inconvenient and costly, as the person must pay for installation and monthly maintenance.

We often hear clients say losing their license was one of the most disruptive consequences of their DWI case. That’s why we explore every legal avenue to reduce the impact on a person’s driving privileges.

Financial Consequences Beyond the Courtroom

A DWI doesn’t just affect someone’s legal record—it also creates a long list of financial burdens. These costs often add up quickly and may continue for years after the case is resolved.

Some common expenses related to a DWI include:

• Court fines and mandatory surcharges

• DMV fees to reinstate a license

• Legal fees

• Increased auto insurance premiums

• Cost of alcohol education programs

• Installation and maintenance of an ignition interlock device

• Lost wages due to court appearances or license suspension

Insurance companies may label someone with a DWI conviction as a “high-risk driver,” which leads to much higher premiums—or in some cases, canceled policies. These financial effects often linger long after the court case is closed.

It’s helpful for us to view a DWI case as more than just a legal issue. It’s also a financial one, and handling it properly from the beginning can reduce long-term costs.

Employment and Background Check Issues

A DWI conviction can create problems when it comes to employment, especially in jobs that involve driving, working with sensitive information, or maintaining a professional license. Employers may conduct background checks that reveal the conviction, which could lead to hiring challenges or even termination.

For those in fields like education, healthcare, finance, or transportation, a conviction can trigger disciplinary reviews. In some cases, it may lead to a loss of license or credential. Professional drivers—such as those with a commercial driver’s license (CDL)—face even stricter penalties.

That’s why we always advise clients to think about the broader impact of their case beyond the immediate charges. By addressing the situation thoroughly, we improve the chances of protecting a person’s professional future.

The Court Process for a DWI Case

When someone is charged with DWI in New York, the legal process typically includes several stages:

1. Arraignment: This is the first court appearance, where the person is formally charged and enters a plea.

2. Pre-Trial Hearings: These hearings may address issues such as the legality of the traffic stop, chemical test results, and statements made during the arrest.

3. Plea Negotiations or Trial: Many cases are resolved through plea agreements, but some go to trial, especially if there are significant disputes over the evidence.

4. Sentencing: If convicted or if a plea is entered, the judge will issue penalties based on the charge and any prior history.

Throughout this process, we focus on protecting a client’s rights while analyzing the prosecution’s evidence. Our goal is to secure the most favorable outcome available under the law—whether that means negotiating a reduction or preparing for trial.

How to Respond After a DWI Arrest

Taking the right steps after a DWI arrest can help protect your legal interests and avoid additional consequences. Here’s what we recommend:

• Stay calm and don’t argue with the police. Anything said during the arrest may be used in court.

• Document the experience. As soon as possible, write down details about the arrest, including the time, location, and any interaction with the officer.

• Attend all required court dates. Failing to appear can result in additional charges.

• Avoid driving if your license is suspended. Driving without a valid license makes the situation worse.

• Reach out to an experienced criminal defense attorney early. The sooner we’re involved, the better we can protect your rights and begin building a defense.

Responding quickly and responsibly helps limit the damage and opens up more options for resolution.

Potential Legal Strategies for DWI Charges

Every DWI case is different, and the strategy we use depends on the details. Some of the legal defenses or approaches we might pursue include:

• Challenging the traffic stop as unlawful

• Disputing the accuracy of the breathalyzer or chemical tests

• Questioning the officer’s observations or field sobriety results

• Seeking to reduce charges through plea bargaining

• Requesting treatment or rehabilitation programs as alternatives to jail

In some cases, we may also seek a conditional discharge depending on the circumstances. Each of these options can help reduce long-term consequences.

What matters most is starting with a thorough review of the evidence. From there, we can decide how to proceed based on the strengths and weaknesses of the case.

How We Help Clients Face DWI Charges

At the Law Office of Michael D. Litman, PLLC, we’ve worked with many individuals throughout Westchester County who’ve faced DWI charges. We understand that each case involves unique facts and personal concerns. Whether the goal is minimizing penalties, protecting a license, or avoiding a conviction, we approach every case with care and attention.

We serve clients in White Plains, Harrison, Yonkers, and the surrounding area. For those dealing with a first-time arrest or repeat charges, we know the stakes are high. That’s why we believe early legal representation makes a real difference.

We don't rely on one-size-fits-all advice. Instead, we listen, analyze, and respond based on what’s best for each client. Our approach is direct, thorough, and focused on achieving the most practical outcome available under New York law.

Take Action to Protect Your Future

If you’ve been charged with a DWI in Westchester County, the Law Office of Michael D. Litman, PLLC is here to help. We also serve clients throughout White Plains, Harrison, Yonkers, and nearby communities. Don’t wait to get the support you need—contact us today to schedule a consultation and take the first step toward resolving your case.