What Happens After an NYC DWI or DWAI Arrest?

What happens next / Two tracks

What happens after a DWI or DWAI arrest in NYC?

After a DWI or DWAI arrest in New York City, begin by separating the criminal or traffic case from any license, chemical-test, or refusal process. Preserve the tickets, accusatory instrument, court and release papers, test or refusal papers, DMV notices, driver and vehicle records, and existing incident material. Use the actual official notices for every date or license question.

01 / Read the papers

The exact statutory label matters

New York Vehicle and Traffic Law section 1192 contains several different alcohol and drug-related categories. The ticket or accusatory instrument should identify the charged subdivision.

1192(1)

DWAI by alcohol

This subdivision concerns operating while ability is impaired by alcohol. New York classifies a first violation under this subdivision as a traffic infraction, but prior history can change the classification and consequences.

1192(2) and (3)

DWI

Subdivision (2) is the per se alcohol provision based on a qualifying chemical analysis at .08 or more. Subdivision (3) concerns operating while in an intoxicated condition.

1192(2-a)

Aggravated DWI

This subdivision includes a per se provision at .18 or more and a separate provision involving a child age fifteen or younger in the vehicle. The precise paragraph matters.

1192(4) and (4-a)

Drug and combined influence

These subdivisions address impairment by a drug and impairment by combined influences. They are distinct from DWAI by alcohol under subdivision (1).

A shorthand label does not establish the evidence, defenses, classification, sentence, license result, or outcome. Prior history and other facts may matter. Use the exact papers for an individualized review.

02 / Separate the tracks

One incident may create two records

The criminal or traffic case and a chemical-test or refusal process can overlap, but they should not be treated as the same proceeding.

A

The court record

The accusatory instrument, tickets, allegations, test evidence, discovery, motions, prior history, and any disposition belong to the court review. A charge alone does not determine what evidence is admissible or what result follows.

B

The testing or refusal record

Vehicle and Traffic Law section 1194 governs arrest and testing procedures. A roadside breath screening request under subdivision (1)(b) and a chemical test under subdivision (2) are different procedures. When a chemical-test refusal is alleged and statutory conditions are met, a police report can lead to a temporary license suspension and a separate administrative hearing. The hearing addresses specified issues, and a license consequence can be separate from the court case result.

!

Use the official notices

Do not use this page to calculate a court date, DMV hearing date, response date, suspension period, or eligibility for driving privileges. Read the official papers and obtain advice about the actual record.

03 / Prepare privately

Build your Two File Desk

Mark what is already available. You do not need every item before calling, and no answer is required to contact the office.

File 01 Court case Tickets and appearance papersGather the tickets, desk appearance ticket, accusatory instrument, arraignment or release papers, next-appearance notice, and any order or condition already provided. Existing case and condition recordsKeep papers concerning any prior or open case, probation or parole, order, release condition, or other court matter that may need to be reviewed. Existing incident materialPreserve original photos, video, messages, receipts, location records, vouchers, and other material unchanged. Make a names-only list of people with relevant information. Do not contact, question, coach, or request a statement from anyone through this checklist.

File 02 License and testing Chemical-test or refusal papersGather any test result, refusal warning or report, temporary suspension paper, hearing notice, waiver form, or related document already provided. Driver and vehicle recordsKeep the current driver license, including any commercial or out-of-state license, plus registration, insurance, tow, impound, and vehicle-release papers. Official notices and questionsKeep every official court or DMV notice exactly as received. Ask counsel to identify the proceedings, dates, current driving status, records needed, and proposed scope. This checklist does not confirm any of them.

0 of 6 items marked.

The two checklists and the Clear desk button remain usable without JavaScript. The automatic count is unavailable, and the page does not need the checklist to be completed before you call.

General information only. The Two File Desk does not give legal advice, assess evidence, determine a charge or license status, calculate or confirm a date, predict a result, or schedule an appointment. Check marks stay only in the open page. They are not saved, sent, placed in a URL, included in measurement, or added to the separate contact form. Do not enter case facts or highly sensitive information on this page.

Call (917) 382-4472 Request an Initial Case Review

04 / Know the limits

What this guide cannot determine

Whether a particular charge is supported, whether evidence is admissible, or which defense or disposition is appropriate
Whether a refusal was legally established or what will happen at a court or administrative hearing
Whether a license is currently valid, suspended, revoked, restricted, or eligible for any privilege
Any court, DMV, filing, response, hearing, application, or appeal date
The effect on immigration status, employment, a professional license, insurance, or another matter

This page is general legal information, not legal advice. Using it alone does not create an attorney-client relationship. Do not delay action while using this page.

05 / Statutes and official guidance

Official starting points

Reviewed August 14, 2026. Statutes, rules, procedures, and agency guidance can change.

06 / Contact

Request an initial case review

Send only basic contact information. Do not send a narrative, documents, test results, license numbers, or highly sensitive facts through this form.

How this works

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The office reviews conflicts, availability, fit, and possible scope.
If the office may be able to assist, it may contact you about possible next steps.

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Arrested for DWI or DWAI in New York City? Start Here.