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DWI First Offense | What To Expect if You Are Arrested for DWI or DWAI in Buffalo

Posted by Daniel DuBois | Feb 14, 2022

Here on the blog, we aim to help Western New Yorkers better understand the many intricacies of drunk driving arrests. This blog is by no means legal advice, and we recommend speaking with Dan DuBois or a seasoned WNY DWI attorney before making any decisions if you have been arrested. There are some factors however, that can be considered when reviewing a DWI, DWAI, or other drinking or drug-related driving offense. Today's blog focuses on some factors that should be considered when being arrested for the first time for driving while intoxicated. 

You should never drink and drive. 

Let's get that out of the way first and foremost. The reason for a law being in place isn't only to prevent you from getting home after a long night out, it's to serve the public and protect. The dangers of drinking and driving are widely available, and in the event, you are arrested for drinking and driving you will probably learn a lot about these dangers in a New York driving course. 

Now, if you have been arrested for DWI, (driving while intoxicated), and it's your first time, it can be quite intimidating. The process is not something that a first-time offender is probably used to, and it can be embarrassing to need to go through publically. Today's blog will talk about a few things to think about if this is your first DWI arrest. This is a topic we will continue to talk about here on the blog moving forward.

Understanding New York DWI Charges

In the State of New York, any BAC (blood alcohol content) over .08% will get you a Drinking While Intoxicated (DWI) charge. For CDL drivers, the limit is .04%. If you are under the age of 21, which is the legal age to drink in NY, the law states you must be under .02% BAC, otherwise known as the state's "zero tolerance" policy. 

Understanding New York DWAI Charges

Despite some people that believe .08% is the line between legal and illegal, this is not the case. A Driving While Ability Impaired (DWAI) charge can be given to a driver that's BAC is between .05% and .07999%. This case typically features additional evidence provided by the arresting officer, such as a failed sobriety test or signs of impairment by the driver.

Understanding the Arrest Process

In the event you are pulled over and you've been drinking, you should be concerned, but calm. If you know that you're under the influence of alcohol, it's best to remain respectful and cooperate with the officer. It is important to remember that this stage of the arrest is one of the most important in the outcome of your case. Factors like the observations made by the officer that led you to be pulled over, the field sobriety test, and chemical testing all are key aspects of the case and the following sentencing. You are in your rights to respectfully decline to answer a question by an officer, and you can also state that you choose to not answer questions without an attorney present. 

I Was Arrested for the First Time for DWI, What Do I Do Now?

Regardless of what happened at the time of your arrest, you need to contact a DWI attorney. If you've never been arrested, don't take Sally-Sue or Joe-Neighbor's advice on the matter. You need an attorney who is going to help you understand the WHY in these scenarios, to help you avoid significant penalties and fines. It's fair to say you won't be getting out of this for free, but the better your attorney is, the less impact this mistake will have on your life. We all make mistakes, and here at Dan DuBois Law, We Understand, We Never Judge.

This blog is meant to help serve the public by providing information on DWI arrests in WNY. We do not provide legal advice here on the website and no presented case results guarantee outcome. We advocate that anyone who is arrested for a drinking offense please contact us immediately to start taking the next best step forward. You can aways count on our blog here at to provide insight and information regarding common questions and concerns surrounding criminal defense in Buffalo NY. If you have any questions about DWI, DWAI, or any legality involving drinking and driving, please don't hesitate to reach out via our contact form or give us a call. We are always here to help. 

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