Understanding the New York DUI Process
New York Has Multiple Alcohol-Related Offenses: DWI • DWAI • Aggravated DWI • Zero Tolerance
Criminal Charges (Court Case): Courts determine whether you’re convicted of:
- DWI (BAC .08+)
- DWAI-Alcohol (.05–.07 impairment)
- Aggravated DWI (BAC .18+)
- DWAI-Drugs or Combination
Penalties include jail, fines, IID, treatment, and probation.
DMV Administrative Actions: The New York DMV can suspend or revoke your license immediately, regardless of the court outcome including Zero Tolerance penalties for under-21 drivers.
Understanding the New York DUI Process
FIRST DUI
SECOND DUI
What Happens After a DUI Arrest in New York?
Immediate Actions (First 10–15 Days)
• Expect immediate suspension at arraignment
• Ask attorney about the “Hardship License” (limited eligibility)
• Prepare for DMV refusal hearing (if applicable)
• Do NOT discuss the case publicly
• Gather evidence & documents
DMV Administrative Actions
Separate from court:
• BAC .08+ → immediate suspension
• BAC .18+ → aggravated suspension
• Refusal → automatic revocation after hearing
• Under 21 → Zero Tolerance penalties
• CDL holders face harsher disqualifications
Criminal Court Process
• Arraignment
• Hearings & motions
• Plea bargaining or trial
• Sentencing (IID, fines, treatment, jail, probation)
DMV and Court are independent — success in one does NOT guarantee success in the other.
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🚨 URGENT: Only 10 Days to Act!
A DMV Administrative Per Se (APS) hearing is your opportunity to challenge the automatic license suspension that comes with a DUI arrest. This is separate from your criminal court case and focuses solely on whether your driving privileges should be suspended.
Online Request
Website: Create an account and submit your hearing request electronically with required documents.
Mail or Fax
Mail: MVD Driver Safety Office
Fax: Check your pink slip for local office fax number
Must be postmarked within 10 days
1. Hearing Scheduled
MVD schedules your hearing (usually 4-8 weeks out) and sends you notice with date, time, and location
2. Evidence Review
Hearing officer reviews police reports, BAC results, and arrest procedures for legal compliance
3. Your Defense
You (or your attorney) can present evidence, cross-examine witnesses, and challenge the arrest
4. Decision
Hearing officer decides to uphold or set aside the suspension. Decision mailed within 5 days
Improper Stop
Officer lacked reasonable suspicion to pull you over
Rising BAC
Your BAC was under 0.08% while driving but rose later
Testing Errors
Breathalyzer malfunction or improper calibration
Medical Conditions
Health issues that affected BAC test results
Procedural Violations
Police failed to follow proper arrest procedures
Chain of Custody
Problems with blood sample handling or storage
✅ Hearing Won (Set Aside)
✓ No license suspension
✓ Keep full driving privileges
✓ No SR-22 requirement from DMV
✓ Temporary license extended
❌ Hearing Lost (Sustained)
✓ License suspended as scheduled
✓ Must complete suspension period
✓ SR-22 required for reinstatement
✓ May be eligible for restricted license
📅 No Hearing Requested
✓ Automatic suspension (no appeal)
✓ Suspension starts 30 days after arrest
✓ No opportunity to challenge
✓ Must serve full suspension period
1. Legal Arrest
✓ Officer had reasonable suspicion to stop
✓ Probable cause for DUI arrest
✓ Proper arrest procedures followed
2. BAC Over Legal Limit
✓ BAC 0.08% or higher (0.04% CDL)
✓ Test taken within 3 hours of driving
✓ Proper testing procedures used
3. You Were Driving
✓ You were operating the vehicle
✓ On a public road or highway
✓ Officer witnessed or has evidence
4. Proper Advisement
✓ Informed of consequences of refusal
✓ Given choice of breath or blood test
✓ Proper admonishment given
