According to the New York State Division of Criminal Justice Services, law enforcement in the state arrest over 38,000 for felony and misdemeanor DUI. Not all those arrests result in a conviction, but many do, and anyone facing DWI charges needs to know the ramifications of an arrest and conviction. Understanding what’s in store for your immediate and distant future, will help you make wise decisions about you DWI and future.

Types of DWI Charges in New York

When you are arrested for DWI in Buffalo, you could face the following DWI charges depending on the circumstances of your arrest. Those details include your blood alcohol concentration (BAC), whether you are caused an accident or were driving with the minor child in your car. Below are the levels of impaired driving offenses in New York State.

DWAI- Driving While Ability Impaired- You face this charge if your BAC is between 0.05 percent and 0.07 percent. For the commercial drivers, the legal limit is 0.04 percent. This level DUI offense is just a traffic offense. This charge applies to individuals under the influence of drugs, as well.

DWI- Driving While Intoxicated-When your BAC is 0.08 percent or higher but less than 0.18 percent, you face a DWI. It is considered a misdemeanor criminal offense.

Aggravated DWI– If your BAC is 0.18 percent or higher, you can be charged with aggravated DWI. You will also face this charge if you are impaired and have a minor in the car.  It is a criminal offense with severe consequences.

Under Age DWI– If you are under 21 and your BAC is 0.02 percent, you can be charged with a DWI.

What Happens at the Time of My Arrest?

Unfortunately, when you are suspected of being drunk, you are going to be arrested, and your driver’s license will be automatically suspended or revoked. Both of those consequences are immediate, but with the help of a criminal defense lawyer in Buffalo, New York, you can get out of jail, perhaps retain your driving privileges and the

Getting Out of Jail

A DWI arrest is just one of the many consequences you face if accused of impaired driving, but to the accused, getting out of jail is their most pressing concern. You may be eager to get out, and the only way to do that is to get someone, a spouse, a friend or an attorney, to bail you out of jail.

You can get out of jail before your arraignment; you can post bail, and won’t be required to spend months or weeks behind bars as you wait for your case to go through the justice system.

The point of bail is to ensure that you show up to your court date and the best way to ensure that is to require a high bail amount. It’s hard to give a definitive figure on bail amounts, but you asked to pay as little as a few hundred dollars or tens of thousands of dollars, depending on the details of your arrest.

On rare occasions, you may be released without bail. To be released on your “own recognizance,” you must be trustworthy, have no prior DWI or criminal arrests, have strong ties to family or the community and do not pose a flight risk.

If you need to find an inmate, use an inmate locator listed here:


Buffalo Police Holding Center

121 W Eagle St.,

Buffalo, NY 14202


Buffalo Police Department

74 Franklin St.,

Buffalo, NY 14202


Buffalo Police Department

1847 South Park Ave.,

Buffalo, NY 14220


Getting Your Driver’s License Back

Refusing a breath test or being arrest for a DWI in Buffalo will result in the automatic suspension of your driver’s license. Fortunately, you can seek limited driving privileges and keep from losing your driver’s license.  To get your driving privilege restored, you must request an administrative hearing with Department of Motor Vehicles after receiving notification that your license is suspended or revoked.

Contact a DWI Lawyer in Buffalo

Are you wondering if you need an attorney? Lots of people do, mainly because they are concerned about the legal fees, but you might end up paying more if you are convicted. The costs of your DWI will add up over several years, adding up to several thousand at least, but likely more. Hiring a DWI lawyer in Buffalo could cost you less than a conviction. You should call one of the accredited attorneys listed on to discuss your charges and the potential costs you face. Not only will our attorneys give you honest advice about your case, but they will also be upfront about their fees.

Familiarize yourself with the penalties of a DWI, so you see why it’s important to fight your drunken or drugged driving charge. Below are some of the legal penalties you face:

DWAI-First Offense

Jail: 15 days

Fines: $300 to $500

Driver’s License: Suspended for 90 days


DWI-First Offense

Jail: Up to one year

Fines: $500 to $1,000

Driver’s License: Revoked for six months


Aggravated DWI-First Offense

Jail: Minimum one year in jail

Fines: $1,000 to $2,5000

Driver’s License: Revoked for one year


Under Age DWI-First Offense

Jail: None

Fines: Up to $250

Driver’s License: Suspended

A DWI or enhanced impaired driving charge will also impact your immigration status if you are a visa holder or have a green card, so recommends you consult with an immigration attorney in New York before deciding how to resolve your case.