The DWI Process In New York City

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DWI process in New York CityAfter your arraignment in New York City for a DWI charge, the DWI process will follow several important steps. These steps are part of the criminal justice process and can have significant consequences depending on your situation, such as whether it’s your first offense or if there are aggravating factors involved. After the arraignment:

Pre-Trial Hearings and Motions

After the arraignment, your case enters the pre-trial phase, which include a series of hearings and motions. Your NYC DWI attorney will file motions to protect your rights and to challenge the evidence against you. These motions include:

  • Motion to Suppress Evidence
  • Motion to Dismiss
  • Motion to Reduce Charges

Discovery Phase

  • Prosecution’s Disclosure: During discovery, the prosecution is required to provide your DWI defense attorney with evidence that they intend to use in trial, including police reports, witness statements, breathalyzer test results, and any video footage from the arrest.
  • Defense Evidence: Your attorney will also gather evidence to support your defense. This could include expert testimony, such as challenging the reliability of a breathalyzer test or proving that you were not impaired at the time of the arrest.

Plea Bargaining

  • Negotiation: In many cases, in the DWI process your DWI defense attorney will negotiate with the prosecution to reach a plea deal. This means you might plead guilty to a reduced charge or receive a lighter sentence in exchange for avoiding a trial. The goal is often to reduce the penalties associated with a DWI conviction.
    • Plea to DWAI: If it’s your first offense and the evidence against you is strong, your attorney may negotiate for a Driving While Ability Impaired plea, which is a lesser charge than DWI. This could result in lesser fines and a shorter license suspension.
    • Aggravated DWI: If your BAC was above 0.18%, you could be charged with Aggravated DWI, which carries harsher penalties. However, a plea agreement might still reduce the sentence.

Pre-Trial Conference

  • Court Appearance: If a plea deal is not reached, the case proceeds to a pre-trial conference. During this conference, your attorney and the prosecutor will discuss potential plea deals, exchange information, and determine whether the case will go to trial. Your attorney may continue negotiations or start preparing for trial if no agreement is made.

Trial Preparation

  • Witnesses and Evidence: If a plea deal is not reached, the case will go to trial. Your DWI defense lawyer will prepare by gathering evidence, reviewing witness testimony, and consulting expert witnesses.

For help navigating the complex DWI process we encourage you to contact an aggressive DWI lawyer in New York City today! Call 917-519-8417

Manhattan DWI Lawyer Testimonials

  • Stacey R.

    THANK YOU!

    Over a year ago I decided to drive home after a night of drinking and that bad decision changed many things in my life after I was stopped and arrested. I did some research online and found Michael Discioarro. He was very upfront about the penalties and punishment I could expect. It was a long drawn out process but Michael encouraged me to hang in there when I wanted to just accept a offer to get it over with. In the end he was able to negotiate the charges to be dismissed. I hope I never find myself in the position to need his services again but I wouldn't hesitate to recommend him to anyone who does. Thank You.

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  • Gordon M.

    Great Job

    In November I made a decision that could of ruined my life. I decided to jump behind the wheel after having a few drinks, I was stop and arrested for DWI. I had no experience in retaining a lawyer so I cross my fingers and found Michael Disioarro on the web. Although the process was agonizing at times, Mr Discioarro encouage me to be patience and more importantly fight for my rights. I am glad to say yesterday my case was closed with a simple violation and small fine. Mr Disciarro leadership, knowledge & confidence made me a believer and I would recommend his services to anyone caught in my position.

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  • Anonymous

    Great DWI Defense Attorney

    Mike did a great job for me. I was charged with a misdemeanor DWI. He was able to get the charge knocked down to a traffic violation. He went above and beyond to get me this result. He is very knowledgeable about the process and felt he always had my best interest at heart at all times. I would highly recommend him to anyone facing a similar situation.

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  • S.C.

    GREATEST LAWYER EVER!!!!!!!!!

    Mike is a great lawyer and a good guy. He help get my case lowered to lesser charge and my license reinstated. Whenever I had a question I could call him or text him and got a fast response. He always told me don't worry even though I did and he was correct because he fixed everything smoothly. I would work with him again (hopefully nothing like happens to me in my life lol) but I will recommend his services to any friends of mines with great confidence that he will get things resolved in the best way possible.

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  • Richard B.

    Magic Mike

    A consummate professional from start to finish. Mike took an uncomfortable, unfortunate situation, and got my life back on track. Mike worked his magic, fought vigorously in the courtroom against some unjust railroading. He was able to get all charges down to a mere traffic violation. Mike is a genuine good guy , who believed in me and my case, and cared about the outcome. He answered all questions, as well as calmed all fears. I was not afraid to go into the courtroom with Mike at my side. Wish we met under different circumstances , I was lucky to have Mike as my lawyer.

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