As Buffalo’s streets get busier during the Friendsgiving holiday, the season’s festivities often include celebrations that involve alcohol. While it’s a time for fun, it also means an uptick in Driving While Intoxicated (DWI) arrests. Law enforcement takes these concerns seriously, and with the added presence of parties and gatherings, there’s an increased likelihood of a DWI stop, particularly after Thanksgiving festivities. If you are arrested for DWI, it’s essential to understand the legal process, especially the arraignment, and how quickly you must act to protect your rights. In this article, we will break down the DWI arrest process, explain what to expect at an arraignment in Buffalo, and give you a roadmap on why timing is critical in minimizing penalties.
Robert Friedman
Michael Ranzenhofer
Justin Friedman
John Dracup
What to Expect During a DWI Stop in Buffalo 
Buffalo’s DWI enforcement tends to increase during the holiday season as drivers navigate busy roads while celebrating. If you’re stopped by law enforcement for suspicion of driving under the influence, the officer will typically ask for your driver’s license, registration, and proof of insurance. If the officer suspects you’re intoxicated, you’ll be asked to perform field sobriety tests (FSTs). If you fail any of these tests or show a high BAC (blood alcohol concentration) during a breathalyzer test, you’ll likely be arrested.
Once arrested, you’ll be taken to the police station for booking, and your vehicle will typically be impounded. From there, your case moves forward to the next phase—arraignment. Understanding the DWI process in Buffalo from arrest to arraignment is critical, especially if you’re unfamiliar with the legal proceedings that follow. It’s essential to remember that a DWI arrest is not a one-off event; there are significant legal steps ahead, and your prompt actions could determine your future outcomes.
Understanding Arraignment in Buffalo for DWI Arrests
The arraignment is an important step in the legal process. It is the first time you will appear in front of a judge after your DWI arrest. In Buffalo, the arraignment typically takes place within 24 hours of your arrest. The court procedure involves several steps that help establish the next course of action for your case.
- Formal Reading of Charges:
During the arraignment, the judge will read the formal charges against you. In DWI cases, this means the judge will inform you that you have been charged with driving while intoxicated, which is classified as a misdemeanor. If there are aggravating factors, such as a high BAC or a previous DWI conviction, the charge could be upgraded to “aggravated DWI,” which comes with more severe consequences. - Bail Hearing:
One of the first things the judge will decide is whether or not you will be granted bail. Depending on the severity of the DWI offense and any prior convictions, the judge may release you on your own recognizance or set bail. If you have a high BAC level or a history of DWI offenses, the judge may set a higher bail or deny bail altogether. - Advising Your Rights:
At this stage, you will be advised of your rights, including the right to legal representation. If you cannot afford an attorney, you may be assigned a public defender. However, it’s advisable to consult with a DWI lawyer in Buffalo who can provide legal counsel and advocate on your behalf during the legal proceedings. - Setting a Future Court Date:
After the arraignment, the judge will set the date for your next court appearance, whether that’s for a pretrial conference, motions, or trial. The date depends on your case’s complexity and the type of plea you enter. It’s essential to attend this court date, as failing to do so could lead to further legal complications.
Why Timing is Crucial: How Fast You Need to Act
When it comes to DWI arrests, time is of the essence. Here’s why acting quickly is critical:
- License Suspension and the 15-Day Rule
If you are arrested for DWI in Buffalo, your driver’s license is automatically suspended. However, you have the right to request a hearing to challenge this suspension. This must be done within 15 days of your arrest. If you fail to request this hearing within the specified time frame, your license will remain suspended, which can have a significant impact on your daily life, particularly if you rely on your vehicle for work or personal obligations. A skilled DWI attorney can help you request the hearing and defend your right to maintain your license. - Building Your Defense Early
The sooner you contact a Buffalo DWI attorney, the more time they will have to investigate your case and build a solid defense. Your attorney can challenge the evidence presented by the prosecution, such as the legality of the traffic stop, the accuracy of the breathalyzer test, or the validity of the field sobriety tests. Early involvement of an attorney is crucial for gathering evidence, contacting witnesses, and ensuring that everything is in place for your case. Acting fast increases your chances of a favorable outcome. - Plea Bargaining Options
Depending on the circumstances of your arrest, your lawyer may be able to negotiate a plea bargain with the prosecution. In many cases, a plea bargain might involve pleading guilty to a lesser charge, such as driving while ability impaired (DWAI), which carries less severe penalties than a DWI conviction. However, plea bargains can only be explored when you act early, giving your lawyer enough time to review the details of the case and communicate effectively with the prosecution. - Minimizing the Consequences
DWI penalties in Buffalo can include fines, mandatory alcohol education programs, probation, and the suspension or revocation of your driver’s license. The severity of these consequences depends largely on the circumstances of the offense and your previous record. However, a lawyer can help you minimize these consequences by negotiating lesser penalties, providing mitigating evidence, or arguing for reduced charges.
Key Steps to Take After a DWI Arrest in Buffalo
After your arraignment and in preparation for the next stages, here are the key steps you must take:
- Hire an Experienced Buffalo DWI Lawyer
It’s essential to seek legal representation as soon as possible after your DWI arrest. A qualified Buffalo DWI lawyer will have experience handling DWI cases and will know the best strategy to take for your defense. From challenging the evidence to negotiating with the prosecution, your lawyer will guide you through the complexities of your case and fight to ensure the best possible outcome. - Request a Hearing for Your Driver’s License
Don’t forget that you have just 15 days to request a hearing to contest the suspension of your driver’s license. Your attorney can help you navigate this process and ensure that all paperwork is filed on time. If you rely on your vehicle for work or daily activities, it’s crucial that you act fast. - Prepare for the Next Court Date
After your arraignment, your lawyer will help you prepare for the next steps, whether that involves pretrial motions, a settlement discussion, or your trial. Depending on the evidence available and the strategy your lawyer advises, you may decide to enter a plea bargain or proceed to trial. Regardless, staying organized and prepared is key. - Stay Compliant with Court Orders
If you are ordered to attend alcohol education programs or other mandated services, be sure to comply with the court’s requirements. Non-compliance can lead to additional penalties and a more severe sentence. Your attorney can help you manage any court-ordered obligations.
Friendsgiving is a time of celebration, but it’s also a time when DWI arrests rise in Buffalo. If you are arrested for DWI, understanding the legal process and taking swift action is essential. From protecting your license to building a strong defense, acting quickly can significantly influence the outcome of your case.
Don’t risk facing severe consequences alone—contact Friedman & Ranzenhofer, PC today. With over 50 years of experience in DWI defense, our team is committed to protecting your rights and guiding you through the legal process.