A DWI arrest in New York is a serious matter with consequences that extend far beyond the courtroom. If you've been arrested for Driving While Intoxicated in Syracuse or anywhere in Onondaga County, the decisions you make in the next 24 to 48 hours can significantly impact the outcome of your case.
The first thing to understand is that you have rights. You have the right to remain silent beyond providing basic identification. You are not required to answer questions about where you were, how much you drank, or where you're coming from. Anything you say can and will be used against you. Be respectful to officers, but exercise your right to remain silent.
In New York, refusing a breathalyzer test at the station carries its own penalties — an automatic one-year license revocation and a $500 civil penalty, regardless of whether you're ultimately convicted of DWI. This is separate from the criminal case. However, there are situations where refusal may be strategically appropriate. An attorney can advise you on this.
New York has several levels of alcohol-related driving offenses. DWAI (Driving While Ability Impaired) applies to BAC levels between .05 and .07 and is a traffic infraction. DWI applies to BAC of .08 or higher and is a misdemeanor for first offenses. Aggravated DWI applies to BAC of .18 or higher and carries enhanced penalties. A second DWI within 10 years is a felony.
Your license is at risk immediately after arrest. In New York, you'll face a DMV hearing separate from your criminal case. If you don't request a hearing within 15 days of your arraignment, your license will be automatically suspended. This administrative hearing is your chance to challenge the suspension — but you must act quickly.
The most important step you can take is contacting a DWI defense attorney immediately. Attorney Cerio offers same-day consultations and jail visits for DWI arrests in Syracuse and Central New York. Call (315) 565-6032. Early intervention often makes the difference between a reduced charge and a conviction.
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