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.