If you have been charged with DWI offense, there are several statutes which, if applicable, allow for the mandatory and/or permissive suspension of your driver’s license while the case is pending.
1) The first statute — the so-called “prompt suspension law” — is applicable to a person who is charged with DWI and who is alleged to have had a BAC of .08% or more at the time of his or her arrest.
2) The second statute is applicable to a person who is charged with DWI, Aggravated DWI, DWAI Drugs or DWAI Combined Influence and who either has been convicted of any violation of VTL § 1192 within the past 5 years or is charged with Vehicular Assault or Vehicular Homicide with the current arrest.
3) The third statute is applicable to a person who is charged with DWAI, DWI, DWAI Drugs or DWAI Combined Influence and who is alleged to have refused to submit to a chemical test.
Suspension pending prosecution generally takes place at arraignment. And since there may be legitimate defenses to a driver's license suspension, it is extremely important that you consult an experienced DWI attorney as soon as possible. At Astarita & Associates we have vast experience handling DWI cases and dealing with license suspensions. We will thoroughly investigate your case and work tirelessly to ensure that your driving privileges are protected.