Home > Case Studies > DWI > Common Mistakes to Avoid Making in Your DWI Case

Common Mistakes to Avoid Making in Your DWI Case

by | Apr 6, 2023

A DWI is a serious matter in New York. While these situations can be stressful and overwhelming, many people are not sure what they should do or how they should proceed. Critically, there are certain mistakes that are commonly made which could impact your case and result in harsher penalties.  If you are facing a DWI, it’s crucial to avoid making the following mistakes:      

Mistake #1: Incriminating Yourself

If you’ve been pulled over for drinking and driving, it’s important to be courteous and respectful to the police. But you do not have to answer their questions — you can politely decline and ask to speak with an attorney. While you should not lie to the police, the best thing you can do is remain silent. Anything you say can be used against you in court. 

Mistake #2: Not Being Represented by a DWI Attorney

Many people mistakenly think they can handle a DWI on their own. However, representing yourself can be detrimental to the outcome of your case. An experienced DWI attorney can advise you regarding your rights, help you navigate the legal process and they will know how to challenge the evidence against you. Importantly, they can assist you with avoiding a conviction and the life-altering consequences that can come with one.  

Mistake #3: Not Taking Your Case Seriously

A DWI conviction is serious and can have lifelong ramifications. Not only would you have a criminal record, but there are no expungement laws in New York — a DWI would remain on your record for fifteen years. Even if it’s your first DWI, you could face a substantial increase in insurance costs, in addition to the legal consequences. Critically, if you are charged with a second DWI within a ten-year period, it is a felony offense with a punishment of up to four years in jail.

Mistake #4: Just Pleading Guilty

The prosecution bears the burden to prove its case against you beyond a reasonable doubt. It’s crucial to understand that you can raise Constitutional, evidentiary, and scientific challenges to fight the charges against you. If you plead guilty, you forego your right to fight the charges and you will face an automatic conviction which can mean jail time, loss of your license, and substantial monetary fines. However, if you fight the DWI, you have a chance at a much better outcome.

Mistake #5: Disobeying the Driver’s License Laws

Driving with a suspended license is a criminal offense. If your license was suspended due to a DWI, and you continue to drive, you could face a charge of Aggravated Unlicensed Operation. The penalties for this offense can include monetary fines, probation, imprisonment, and license revocation.

Mistake #6: Posting About Your DWI on Social Media

It’s vital not to post anything about your DWI on social media platforms to avoid complicating your defense. Even if your account is set to private, it’s important to remember that anything you post can potentially be used by the prosecution. The prosecution and investigators can go through your posts, as well as posts you’ve been tagged in, to find photos of you consuming alcohol shortly before you were arrested. In addition, any statements you post about your DWI after the fact could be misconstrued and used against you in court.   

Contact an Experienced New York DWI Attorney

DWI cases are complex — if you’ve been charged with a DWI, it’s essential to have a knowledgeable DWI attorney who can advise you regarding your rights and help ensure you avoid mistakes that could impact your case. The attorneys at D’Emilia Law offer skillful counsel and high-quality representation for those who have been charged with DWIs in New York. To schedule a consultation, contact us at 1-888-DEMILIA

DWI Mistakes
Hardship License

Can I Qualify for a Hardship License After Getting a DWI?

Loss of your license after a drug or alcohol DWI can have a negative impact on your life and livelihood — it can affect your ability to drive to school, travel to work, and carry out your daily errands. In limited situations, you may be eligible for a hardship license...
Aggravated DWI

What is an Aggravated DWI in New York?

A DWI of any kind is a serious matter that can result in harsh penalties, including monetary fines, a jail sentence, and license revocation. However, every DWI case is different — and the consequences can be even more severe if you have been convicted of an aggravated...
Criminal Case

What is a Bench Trial in a Criminal Case?

Most people are familiar with jury trials and know that a defendant has the Constitutional right to be tried by a jury of their peers in a serious criminal case. But a jury trial isn’t always the only option. If you’ve been charged with a felony or certain...

Penalties for Multiple DWI Offenses

A DWI is a serious matter — and the repercussions for multiple offenses can be much more severe. While a first-time DWI conviction is generally classified as a misdemeanor in New York State, a second offense within ten years constitutes a felony. If you’ve been...
DWI Arrest

Common Mistakes to Avoid During a DWI Arrest

Being pulled over for drinking and driving can be a stressful and overwhelming experience. A DWI can not only result in monetary fines and jail time, but it can also lead to personal, professional, and financial ramifications. Critically, any mistakes you make during...
Dispensary license violation attorney

Four Important Things to Know About New York’s Marijuana Laws

As the legal landscape regarding marijuana laws continues to shift, New York became the 16th state to legalize cannabis in 2021. However, there are still certain restrictions in place and it’s important to understand these laws to avoid incurring criminal penalties....
Chemical Test

What are the Consequences of Refusing a Chemical Test?

Under New York’s Implied Consent law, all drivers agree to submit to a chemical test if they are pulled over on reasonable suspicion of drunk driving. These tests are used by law enforcement to determine the level of alcohol in the blood. While the most common...
Pre-Trial Motion

What is a Pre-Trial Motion?

If you’ve been charged with a crime, you need a solid defense. One of the tools your criminal defense attorney will use as part of your defense strategy is the filing of pre-trial motions. Depending on the facts and circumstances of your case, a pre-trial motion can...
Zero Tolerance Law

What is New York’s Zero Tolerance Law?

Being charged with drunk driving at any age is a serious criminal offense that can result in steep consequences. However, New York State law provides distinct penalties for underage drivers who have been charged with DWIs. The Zero Tolerance Law specifies a lower...

When Can You Appeal a Criminal Case in New York?

If you’ve been convicted of a crime, you might still have the option to continue your defense in some situations. Depending on the circumstances of your case, you might be eligible to appeal the conviction or sentence to achieve a dismissal of your case, a reduction...