Buffalo’s homecoming celebrations are full of excitement, but for some, they can lead to unfortunate legal consequences. Driving while intoxicated (DWI) is a serious offense in New York State, and during festive times like homecoming, more people may find themselves in situations where they are charged with DWI. The events that follow the arrest, especially the arraignment, are often confusing and stressful. Understanding the process and what to expect can provide clarity and help you prepare for what’s to come.
Robert Friedman
Michael Ranzenhofer
Justin Friedman
John Dracup
Understanding the DWI Arrest Process 
A DWI arrest can happen quickly, often with little warning. After being stopped by a police officer who suspects you may be driving under the influence, you will be asked to submit to a breathalyzer test. If your Blood Alcohol Content (BAC) is over 0.08%, which is the legal limit in New York, you will be arrested and taken to a local precinct for booking. However, even if your BAC is below this limit, other factors may contribute to your arrest, such as erratic driving behavior or a refusal to take the test.
When you are arrested, your vehicle may be impounded, and your driver’s license will be seized by the police. It is important to note that New York law has strict penalties for those who are arrested for DWI, especially if they have previous offenses or aggravating circumstances. For instance, if you had a passenger under the age of 16, you could face more severe penalties.
The Importance of the Arraignment Process
After being arrested for DWI, your next major event in the legal process will be your arraignment. The arraignment is a formal court proceeding where you are officially presented with the charges against you. The purpose of the arraignment is to ensure you are aware of the allegations and to determine the next steps in your case.
At the arraignment, a judge will inform you of the charges, which could include DWI, aggravated DWI, or even driving with a suspended license. You will then be asked to enter a plea of guilty, not guilty, or no contest. For most people, the plea will be “not guilty,” as they will wish to challenge the charges or work out a plea deal.
The judge may also decide whether or not to set bail. For first-time offenders, bail is usually set. However, if your BAC was extremely high, or if you have a history of DWI offenses, bail may be denied, or it could be set very high. In these cases, you may be required to remain in custody until your next court date, or until your bail is paid.
What Happens After the Arraignment
After the arraignment, the next step in the process is typically a pretrial conference, where your attorney will meet with the prosecutor to discuss the details of your case. This meeting is where your defense strategy starts to take shape. Your attorney will review the evidence, such as the results of the breathalyzer test and the circumstances of your arrest, to determine whether there are any weaknesses in the prosecution’s case.
Your attorney may also negotiate with the prosecutor for a plea deal, which could involve reducing the charges in exchange for a guilty plea. The prosecutor may be willing to offer a plea deal if it is a first-time offense, and if there are no aggravating factors. However, if you plan to fight the charges in court, your attorney will prepare for the trial.
The Consequences of a DWI Conviction in Buffalo
DWI convictions in Buffalo carry serious consequences that can have a lasting impact on your life. The penalties for a first-time DWI offense in New York may include fines, license suspension, and mandatory alcohol education programs. If you have a prior DWI conviction, or if your BAC was significantly higher than 0.08%, the penalties could be much harsher. In some cases, a DWI conviction can even result in jail time.
Additionally, a DWI conviction will result in points being added to your driver’s license, which could lead to further suspension or revocation of your driving privileges. You may also be required to install an ignition interlock device in your vehicle, which requires you to pass a breathalyzer test before your car will start.
One of the more severe long-term consequences of a DWI conviction is the impact it can have on your personal and professional life. A criminal record can hinder your ability to secure employment, especially in fields that require driving as part of the job. Moreover, a DWI conviction could affect your ability to travel internationally, as some countries may deny entry to individuals with a criminal history.
Possible Defenses to a DWI Charge
There are several potential defenses to a DWI charge that your attorney may use to challenge the case against you. One of the most common defenses is challenging the results of the breathalyzer test. Breathalyzer devices must be properly calibrated and administered in accordance with specific protocols. If the officer did not follow the correct procedures, or if the machine was not properly maintained, your attorney may be able to get the results of the test excluded from evidence.
Another potential defense is challenging the legality of the traffic stop. If the police officer did not have reasonable suspicion to pull you over, the evidence gathered during the stop may not be admissible in court. Your attorney may also argue that you were not actually impaired at the time of the arrest, especially if there is no other evidence of intoxication, such as erratic driving or slurred speech.
Finally, your attorney may argue that the police did not have probable cause to arrest you. For example, if you were arrested without being given a breathalyzer test or without being informed of your rights, this may be grounds for dismissal of the charges.
The Role of an Experienced Buffalo DWI Attorney
Having an experienced Buffalo DWI attorney by your side is critical when facing DWI charges. A skilled attorney can help you understand the charges, evaluate the evidence against you, and develop a strategy for your defense. Whether your goal is to get the charges reduced, avoid a conviction, or achieve the best possible outcome, an attorney can provide the expertise and support you need during this difficult time.
At Friedman & Ranzenhofer, PC, we have years of experience handling DWI cases in Buffalo. Our attorneys understand the complexities of DWI law in New York and are committed to providing our clients with the best legal representation. We offer a free consultation to help you understand your rights and options after a DWI arrest.
If you have been arrested for DWI in Buffalo, it is essential to take immediate action to protect your rights. The legal process can be overwhelming, but understanding the steps ahead of you can help alleviate some of the stress. From the arrest to the arraignment and beyond, having a knowledgeable DWI attorney by your side can make all the difference in the outcome of your case.
At Friedman & Ranzenhofer, PC, we are dedicated to helping individuals facing DWI charges navigate the legal process. Our experienced attorneys will work with you to build a strong defense and fight for the best possible result in your case. Contact us today for a free consultation, and let us help you protect your future.