DWI / Criminal Case Flow

DWI / Criminal Case Flow

Royal blue = criminal court steps. Purple = DMV Breath Test Refusal track. Click any title for details.

Important: 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 track applies — see below.
Criminal Court Process
Steps 1–2 are shared. At Step 2 the case splits: DWI criminal action continues on the blue track; if a breath test was refused, the purple DMV track runs concurrently.
1. Charges Issued (DWI / Criminal)
Ticket lists charge(s), court, and deadlines. A breath test result of 0.08% or higher may trigger a prompt suspension of driving privileges.
2. Contact & Hire Us
Sign fee agreement + payment; we review charges, deadlines, and whether the DMV Refusal track applies.
3
NOA & Discovery
We file our Notice of Appearance and request the Bill of Particulars and discovery.
3A
Breath Test Refusal – DMV Refusal Hearing
If hired for the refusal hearing, we request and calendar the hearing and appear on your behalf.
DWI criminal action (blue) and Breath Test Refusal (purple) are two separate tracks that run concurrently.
4. Court Appearance(s)
Attorney and client must appear at each court date.
4A
DMV Refusal Hearing Preparation
We receive the relevant documents from the DMV and prepare to represent you at the DMV Refusal Hearing.
5. OASAS Evaluation & Treatment
You will be required to obtain an evaluation from an OASAS-certified provider. Treatment may then be ordered per court direction.
5A
DMV Refusal Hearing Outcome
DMV decides whether driving privileges are revoked based on the alleged refusal.
6. Additional Court Appearances (If Needed)
More court dates may be needed depending on case complexity and scheduling.
7. Case Disposition
The judge may order conditions including MADD VIP, DMV IDP, treatment, and/or Ignition Interlock (IID).
8. Compliance / Payment
Complete conditions + pay fines/fees as ordered by the court.

1. Charges Issued (DWI / Criminal)

The ticket lists the charge(s), court location, and deadlines. A breath test result of 0.08% or higher may trigger a prompt suspension of driving privileges by the court.

2. Contact & Hire Us

We review charges and deadlines with you, discuss goals, and outline next steps — including whether the DMV Breath Test Refusal track applies to your case. You hire us by signing the fee agreement and making payment.

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. Both attorney and client must appear at each court appearance.

5. OASAS Evaluation & Treatment

You will be required to obtain an evaluation from an OASAS-certified provider to assess any alcohol or substance-use needs.

The evaluation results help the court determine whether treatment should be required as part of sentencing or probation.

Alcohol and drug treatment through an OASAS-certified program may then be ordered and must be completed in accordance with court direction.

6. Additional Court Appearances (If Needed)

More court dates may be needed depending on case complexity and scheduling.

7. Case Disposition

The case is resolved. As part of the disposition, the judge may order the following conditions:

  • Attendance at a MADD Victim Impact Panel (VIP).
  • Enrollment in the DMV Impaired Driver Program (IDP).
  • Completion of alcohol/drug treatment as directed (through an OASAS-certified provider).
  • Installation of 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.

3.A. Breath Test Refusal – DMV Refusal Hearing

If hired for representation at the DMV Refusal Hearing, our firm will:

  • Request and calendar the hearing.
  • Appear on your behalf.

Important: The DMV Refusal Hearing has strict deadlines. Failure to act promptly may result in an automatic revocation of your driver’s license.

4.A. DMV Refusal Hearing Preparation

We will receive the relevant documents from the DMV and prepare to represent you at the DMV Refusal Hearing.

5.A. DMV 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.