The moment an officer reads you your rights and places you under arrest for driving while intoxicated (DWI), your life changes instantly. For anyone facing a DWI arrest, the initial shock gives way to a deluge of questions: What happens to my license? Do I go to jail? How will this impact my job? The reality is that a single DWI arrest initiates a complex, multi-stage legal battle that requires immediate and strategic intervention.
At the office of Gary J. Wojtan, Attorney at Law, we provide aggressive, knowledgeable defense for individuals in Western New York. This comprehensive guide is designed to break down the critical procedures that follow your DWI arrest, explain the specific legal process in Erie County, and illustrate the crucial role a dedicated defense attorney plays in protecting your future.
Part I: The Immediate Aftermath of a DWI Arrest
The critical decisions you make during the first few hours following a DWI arrest can profoundly affect your entire case. This phase covers the stop, the chemical testing, and the booking process.
The Initial Detention and Field Sobriety Tests (FSTs)
Most DWI arrests begin with a traffic stop based on erratic driving or a minor traffic violation. The officer will look for physical signs of impairment and may request you perform a series of roadside exercises (FSTs).
A Critical Point: In New York State, while you must submit to a chemical test (like a breathalyzer at the station) after an arrest, you are not legally required to perform the roadside FSTs. Politely declining these tests may remove a source of subjective evidence the prosecution could use against you.
Understanding the Chemical Test and Implied Consent
Once there is probable cause, the officer will transport you to the station for processing and a chemical test to determine your Blood Alcohol Content (BAC). This is where New York’s Implied Consent Law comes into play.
- The Law: By driving on New York State roads, you are deemed to have consented to a chemical test if you are lawfully arrested for DWI.
- Refusal Consequences: If you refuse to take the post-arrest chemical test, the penalties are severe and immediate: your license is automatically and temporarily suspended (pending a DMV refusal hearing), and the refusal itself can be used against you as evidence of guilt in court.
Booking, Detainment, and Release
Following the chemical test, you will be booked. This process involves: recording your personal data, fingerprinting, taking a mugshot, and confiscating your personal belongings. You will then be detained until you are deemed sober enough for release or until the court arraignment.
Securing release is crucial. For a first-time DWI arrest with no accident or injury, you are often released on your own recognizance or with minimal bail. The moment you are released, the clock starts on your defense. Contacting an attorney like Gary J. Wojtan immediately ensures that your rights are protected long before your first court date.
Part II: The Legal Process Following a DWI Arrest in Buffalo, NY
A DWI arrest in Buffalo, NY, or anywhere in Erie County, initiates a formal criminal proceeding that moves quickly from the police station to the local court (Buffalo City Court or a Town Court).
1. The Arraignment: Your First Court Appearance
The arraignment is the mandatory first court date where you officially face the charges. For a DWI arrest in Buffalo, NY, the judge will:
- Read the Charges: Formally state the violations (DWI, Aggravated DWI, DWAI).
- Enter a Plea: Your attorney will almost always enter a plea of “Not Guilty” to ensure time for a thorough investigation and to preserve all legal options.
- License Suspension: The judge will issue an order suspending your license pending prosecution if your BAC was 0.08% or higher. Your attorney will immediately advocate for a Hardship License to permit driving for work and essential needs while the case is pending.
- Bail Determination: Conditions of release (bail or ROR) will be set.
2. Discovery and Defense Strategy
This is the phase where your defense is built. Your DWI arrest in Buffalo, NY defense attorney, Gary J. Wojtan, will demand Discovery, which includes all evidence the prosecution has: police reports, video evidence, and chemical test maintenance records.
We meticulously analyze every detail of the DWI arrest, challenging critical points such as:
- The Lawfulness of the Stop: Was there reasonable suspicion to pull your vehicle over?
- FST Administration: Were the roadside tests administered and scored according to standardized protocol?
- Chemical Test Reliability: Were the breathalyzer devices calibrated correctly, and were protocols for blood draws followed?
Procedural errors or constitutional violations can lead to the suppression of evidence, often resulting in a dismissal or reduction of charges—the best possible outcome after a DWI arrest.
3. Pre-Trial Negotiations and Resolution
The vast majority of criminal cases, including those resulting from a DWI arrest in Buffalo, NY, are resolved through plea negotiations. Your attorney’s deep knowledge of the Erie County legal system and relationships with local prosecutors are vital here. The goal is to negotiate a reduction from a misdemeanor DWI (a crime) to a DWAI (a traffic infraction), or a non-alcohol-related offense, thereby protecting your criminal record.
Should a favorable plea agreement not be reached, we prepare a robust defense to take your case to trial.
Part III: The Severe Consequences of a DWI Conviction
It is impossible to overstate the long-term impact of a DWI arrest that results in a conviction. Penalties are mandatory and extend far beyond fines and court fees.
Mandatory Loss of Driving Privileges
- License Revocation: A first-time misdemeanor DWI conviction results in a license revocation for at least six months.
- Ignition Interlock Device (IID): All individuals convicted of a DWI in New York are required to install and maintain an IID on any vehicle they own or operate for a period of at least 12 months, at their own significant expense.
Fines, Jail Time, and Programs
| Offense Category | Fine Range | Maximum Jail Term |
| First DWI (Misdemeanor) | $500 to $1,000 | 1 year |
| First Aggravated DWI (BAC $\ge$ 0.18%) | $1,000 to $2,500 | 1 year |
| Second DWI in 10 Years (Felony) | $1,000 to $5,000 | 4 years |
Furthermore, all convicted drivers must complete the mandatory Drinking Driver Program (DDP) and face court-ordered surcharges and fees that can easily double the cost of the fine.
The Lasting Impact on Employment and Finances
The long-term non-legal consequences of a DWI arrest in Buffalo, NY are often the most damaging:
- Criminal Record: A DWI conviction is a permanent criminal record, which is disclosed on background checks for employment, housing, and loan applications.
- Professional Licenses: Careers requiring professional licenses (healthcare, law, finance, commercial driving) can be immediately jeopardized or terminated.
- Auto Insurance: You will be designated as a high-risk driver, leading to massive, long-term increases in auto insurance premiums and potentially requiring expensive SR-22 certification.
Frequently Asked Questions (FAQ)
Does a DWI arrest in Buffalo, NY, immediately mean I lose my job?
Not necessarily, but it puts your job at risk. While an DWI arrest itself does not automatically mean termination, a conviction does. If your job requires driving (commercial license, company car) or involves sensitive positions (government, finance, healthcare), a DWI conviction can lead to termination or denial of professional licenses. This is why fighting the initial DWI arrest charge is critical.
What is the difference between DWI and DWAI in New York?
DWI (Driving While Intoxicated) means a BAC of $0.08\%$ or higher and is a criminal misdemeanor (a crime). DWAI (Driving While Ability Impaired) means a BAC of $0.05\%$ to $0.07\%$ and is a traffic infraction (a violation, not a crime). Your attorney’s goal after a DWI arrest is often to negotiate the charge down from a DWI (crime) to a DWAI (violation).
I refused the breathalyzer test after my DWI arrest. What happens now?
A refusal triggers two separate penalties:
- Immediate License Suspension: Your license is suspended pending a DMV Refusal Hearing.
- Evidence in Court: The prosecutor can use your refusal as evidence of “consciousness of guilt” in your criminal case. Your attorney will represent you at both the criminal court and the separate DMV hearing to fight the revocation.
Do I need a lawyer for my first DWI arrest? Can’t I just use a public defender?
While public defenders are qualified, the severe and long-term consequences of a DWI arrest—including a permanent criminal record, loss of license, and job issues—warrant personalized, dedicated legal focus. A private attorney like Gary J. Wojtan can begin investigating and building your defense immediately, dedicating specialized resources to your case that can be critical for achieving the best possible outcome. and get clear next steps within one business day.
The Necessity of Aggressive Legal Defense
A DWI arrest is a frightening experience, but it is a charge, not a definitive outcome. The immediate response and the quality of your defense can determine whether you face a misdemeanor conviction with a criminal record, or a reduced charge with minimal long-term impact.
The office of Gary J. Wojtan, Attorney at Law, is committed to providing every client facing a DWI arrest in Buffalo, NY, with the strongest, most dedicated defense possible. We protect your rights, challenge the prosecution’s evidence, and fight tirelessly to mitigate the severe consequences of a DWI charge.
Don’t wait. The earlier we begin our investigation and defense preparation, the better your chances of a successful outcome.
Contact Gary J. Wojtan, Attorney at Law today for an immediate, free case review to secure the representation you need.