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DWI Frequently Asked Questions

dwi frequently asked questionsWhat should I do if I am stopped at a DWI checkpoint?

If you are stopped by police while driving, it’s important to follow these guidelines:

  • Politely ask the police officers why they pulled you over.
  • Remain calm and respectful; avoid raising your voice and treat the officers professionally, even if they do not do the same.
  • Never admit to drinking alcohol, as any statements you make can be used as evidence against you.
  • Request an attorney as soon as possible, whenever you have the chance.
  • If you are able, perform the physical coordination tests.
  • In most cases, do not take the roadside Breathalyzer test. However, do not refuse to take the test at the police station, as refusing will result in an automatic suspension of your driver’s license.

When can I get my license back?

A DWI arrest triggers a countdown with the DMV. Within fifteen days, a DMV judge will schedule a hearing to explain the potential suspension of your license. If you attend this hearing without legal counsel, there is a high likelihood that your license will be suspended for 6-12 months. A DWI attorney can negotiate with the judge to help you obtain a conditional license while your criminal case is pending. This conditional license is subject to no traffic infractions during the resolution of your case. If you violate the conditions, there is no appeal.

How do I get my car back?

The seizure of your vehicle in a DWI case can be challenging, especially if you rely on it for daily activities such as work and school. The Law Offices of Michael S. Discioarro, LLC has successfully obtained the return of clients’ vehicles in every case. The process can be complex and involves the courts, NYPD, and the prosecutor’s office. We will manage all the paperwork and work to get your car back as quickly as possible, including representing you in court if needed.

What happens in court?

How to Appear in Court for Your DWI

Appearing in court can be stressful, but following these basic guidelines will make the experience smoother:

  • Be on time.
  • Dress neatly; an unkempt appearance will not favor you with the judge.
  • Be respectful to court staff.
  • Remain silent while in court.
  • Turn off your cell phone.
  • Do not speak to the judge unless your attorney asks you to respond to a question.
  • Follow the directions of the court staff.

By adhering to these simple suggestions, your court experience will likely be much easier.

How long will it take to resolve my DWI case?

The time it takes to resolve a DWI case depends on several factors, including the complexity of the case, your criminal record, whether an accident occurred, the prosecutor’s position, and the quality of your defense attorney. In some cases, the matter can be resolved in one or two court appearances by pleading guilty to a non-criminal offense. However, more complicated cases can take over a year to resolve.

How much will it cost to hire a DWI lawyer?

The cost of hiring a qualified DWI attorney varies based on many factors. Every case is different—some are resolved quickly, while others may require extensive investigation, increasing legal expenses. Throughout the process, Mr. Discioarro will provide guidance on your options and the best approach for your case.

Do I really need a DWI defense lawyer?

Yes, you do. DWI laws have become increasingly strict. You can lose your car, your license, and potentially face jail time. As soon as possible, you should consult a DWI defense lawyer who understands the legal process and will protect your rights. Contact the Law Offices of Michael S. Discioarro, LLC today and let us safeguard your future.

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