DWI / Criminal Case Flow

DWI / Criminal Case Flow

Royal blue = criminal court steps. Purple = DMV Refusal Hearing track (only if refusal applies). Click any title for details.

Important Notes
  • If a breath test result is 0.08% or higher, the court may issue a prompt suspension of driving privileges.
  • If testing was refused, a separate DMV Refusal Hearing is scheduled. This is civil/administrative and separate from the criminal case.
Criminal Court Process
These steps apply to DWI/criminal cases. Additional appearances may be required based on court scheduling and case complexity.
1. Charges Issued (DWI / Criminal)
Ticket lists charge(s), court, and deadlines.
2. Contact & Hire Us
Sign fee agreement + payment; we review charges and deadlines.
3. NOA & Discovery
Notice of Appearance + request Bill of Particulars and discovery.
4. Court Appearance(s)
Attorney + client appear at each court date.
5. OASAS Evaluation & Treatment (DWI)
Evaluation may be required; treatment may be ordered as part of sentencing/probation.
6. Additional Court Appearances (If Needed)
More dates depending on complexity and scheduling.
7. Case Disposition
Case is resolved (outcome varies by facts and process).
8. Compliance / Payment
Complete conditions + pay fines/fees as ordered.
DMV Refusal Hearing Track (Only if refusal applies)
This track can run at the same time as the criminal case. It is separate and decided by the DMV.
3A
DMV Refusal Hearing
Request/calendar hearing; appear on your behalf (strict deadlines).
4A
Refusal Hearing Preparation
Review DMV docs; prepare for hearing.
5A
Refusal Hearing Outcome
DMV decides whether privileges are revoked based on alleged refusal.

1. Charges Issued (DWI / Criminal)

The ticket typically lists the charge(s), court location, and deadlines/appearance information. If a breath test result is 0.08% or higher, the court may issue a prompt suspension of driving privileges.

2. Contact & Hire Us

We review charges and deadlines with you, discuss goals, and outline next steps. You hire us by signing the fee agreement and making payment.

Note: A hardship privilege may be available in some situations; we’ll discuss eligibility where applicable.

3. NOA & Discovery

We file our Notice of Appearance and request required discovery (including the Bill of Particulars and mandatory materials the prosecution must provide at the outset).

4. Court Appearance(s)

Court dates are scheduled throughout the case. Typically, both attorney and client must appear for each court appearance.

5. OASAS Evaluation & Treatment (DWI)

You may be required to obtain an evaluation from an OASAS-certified provider. Results can help the court determine whether treatment is required as part of sentencing or probation. If ordered, treatment must be completed per court direction.

6. Additional Court Appearances (If Needed)

Further court dates may be required depending on case complexity, negotiations, motions, or court scheduling.

7. Case Disposition

The case is resolved. The specific outcome depends on the facts, evidence, and procedural path.

In many DWI matters, the judge may order conditions such as: MADD Victim Impact Panel (VIP), DMV Impaired Driver Program (IDP), treatment (as directed), and/or Ignition Interlock (IID).

8. Compliance / Payment

Complete required conditions and pay fines/fees as ordered. Compliance timelines vary based on the court’s requirements and program availability.

3A. DMV Refusal Hearing

If you refused testing and we’re retained for the refusal hearing, we request and calendar the hearing and appear on your behalf.

Important: DMV refusal hearings have strict deadlines. Waiting too long may result in automatic revocation of driving privileges.

4A. Refusal Hearing Preparation

We obtain and review DMV materials and prepare to represent you at the refusal hearing.

5A. Refusal Hearing Outcome

The DMV issues a determination on whether driving privileges should be revoked based on the alleged refusal. This outcome is separate from the criminal court case.