DWI DUI Traffic Violations Hamptons and Suffolk County Criminal Defense Attorney | Suspension Pending Prosecution
Experience and Results
This links to the home page
Suspension Pending Prosecution

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.