Assumptions that do not hold
Some states offer diversion or deferred programs for a first impaired-driving case, but New York does not generally offer that route for DWI, and state law limits the plea bargains prosecutors can make. A first DWI is usually charged as a misdemeanor, and a plea to that charge is a criminal conviction rather than a traffic matter. A conviction generally brings an ignition interlock requirement and license consequences, even with no prior record. Some cases resolve to a lesser driving infraction, depending on the evidence and the county. None of that can be judged before the evidence has been reviewed.
Things a first-timer can do now
Keep every paper from the arrest and put the first court date and any DMV hearing on your calendar. If you drink regularly or the arrest has worried you, consider an alcohol evaluation, but talk with your lawyer first about timing and which provider to use, since the results may become part of the record. Check whether your job requires you to report an arrest, and read the policy before saying anything. Avoid discussing the night with coworkers or online. If you are not a US citizen or you hold a professional license, raise it at the first meeting.
Setting priorities in the first meeting
In a first consultation we explain the arraignment, what may happen to your license there, and the hardship or conditional options that may exist. We review how the stop was made and how any test was done, since those questions are as open in a first case as in any other. We talk through the state's impaired driver program and what participation could mean for your license. We also map out which consequences matter most to you, such as work, immigration, or insurance, so the strategy fits your situation. Those priorities also shape which questions we raise first with the prosecutor.
