Queens DUI Arraignment & Trial Process

DUI Arraignment & Trial Process in Queens

Being arrested for Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) can be a traumatic experience that has the potential to lead to lengthy court battles, license suspensions, costly fines, and even jail time. Having a defense lawyer to help you through the Queens DWI arraignment process is vital to receiving the best possible defense.  

Someone suspected of DWI is typically taken to the Intoxicated Driver Testing Unit (IDTU) in Queens for processing and to await arraignment, which normally occurs within 24 hours of the arrest. At this point, contacting an attorney is essential to protecting your rights. Having a lawyer from the Law Office of Michael Schillinger, Esq., who is experienced in handling DWI cases within the local court system, present during the arraignment can help ensure the best possible defense for your case.  

What to Expect From the Arraignment Process

After a breathalyzer and several other cognitive tests are completed, individuals with a high Blood Alcohol Content (BAC) are moved to Queens Central Booking before seeing a judge. An arraignment is the first official court appearance a person must attend when charged with a DWI in Queens. A judge will hear the facts of the case, with the prosecutor stating the specific charges filed against the defendant. 

Violations for alcohol use while driving are typically based on an individual’s BAC, which could result in any of the following charges.

  • Driving While Ability Impaired (DWAI): A BAC ranging between 0.05% and 0.07% comes with possible fines, license suspension, and mandatory alcohol education programs
  • Driving While Intoxicated (DWI): Often a misdemeanor charge for first-time offenders with a BAC of 0.08% or higher, but can also lead to a felony charge depending on the circumstances and evidence
  • DWI as a Felony Charge: Previous DWI convictions can lead to Class E or Class D felony charges, resulting in severe penalties and possible jail time. Additionally, if a minor who is 15 years or younger is in the vehicle at the time of the alleged DWI, the charges can also be elevated to a felony. 

Michael Schillinger is a skilled attorney who can represent you at your arraignment, offering support and strategic defense to negotiate plea deals, argue for lesser charges, and more. 

Understanding the Difference Between a Guilty and Non-Guilty Plea

A defendant must be ready to enter a plea at the time of their arraignment, and they must select one of the following options.

Guilty Plea

The defendant admits to the charges brought against them and waives all rights to a trial. The case moves directly to the sentencing phase. This action could result in a misdemeanor charge, costly fines and fees, possible license revocation or suspension, mandatory DWI programs, and probation or jail time. Generally speaking, it is very rare that someone would immediately enter into a guilty plea at their arraignment. 

Not Guilty Plea

The defendant denies all DWI charges, and the case moves to the pre-trial phase. At this point, an experienced lawyer like Mike Schillinger is necessary to help you examine evidence, cross-examine witnesses, and file motions to suppress evidence. If most situations, we can also attempt to negotiate a plea bargain with the prosecutor.  

When dealing with life-altering DWI charges, it is vital to understand the potential outcome of each plea. A knowledgeable defense attorney has the necessary resources to provide a thorough explanation of each option, helping you determine which route is best for you.

What Are Common Drunk Driving Charges and Penalties?

DWI trials in Queens fall under New York State Law, where the terms Driving While Ability Impaired (DWAI) and Driving While Intoxicated (DWI) are commonly used instead of Driving Under the Influence (DUI). According to the Department of Motor Vehicles, a Blood Alcohol Content (BAC) of 0.08% or higher may result in a DWI charge, while an individual with a BAC between 0.05% and 0.07% could be charged with DWAI. Drivers who are less than 21 years of age with a BAC between 0.02% and 0.07% may also be charged for violating the Zero Tolerance Law.

DWAI and DWI charges can result in serious consequences that require professional legal guidance, such as:

  • Hefty fines
  • License suspensions
  • A criminal record
  • Mandatory alcohol education programs

Drivers previously convicted of a DWI within the past 10 years can face felony charges, resulting in possible jail time. Additionally, someone accused of a DWI with a child (15 years old or younger) in the vehicle, even if it is the first offense, could face a class “E” felony charge under Leandra’s Law. 

These violations carry severe penalties and are often vigorously prosecuted by the District Attorney’s office, which is why obtaining a skilled defense team like the Law Office of Michael A. Schillinger is all the more important.

What You Need to Know About a DWI Trial

There are two different types of DWI trials in Queens, which are both dependent upon the results of a breathalyzer test. Generally speaking, when you take your case to trial, you will have the option of either a jury trial or a bench trial. 

Jury Trial

Depending upon whether you are charged with a misdemeanor or a felony DWI, you will be entitled to a jury of either 6 or 12 jurors. In the case of a felony DWI charge, 12 jurors are selected to decide a person’s guilt or innocence. For a misdemeanor charge, six jurors will hear the case. Mike Schillinger is an experienced defense attorney who is well-versed in trial law and can help you achieve the best possible outcome for your case.

Bench Trial

In New York State, a bench trial is held in front of a judge who hears the evidence and makes a decision without a jury in the courtroom. In this situation, the Judge effectively serves as the jury, hears the evidence, and determines the facts. While this type of trial offers speed and efficiency, a Queens judge with a harsh stance on DWI’s could prove detrimental to a defendant, making it crucial to have a knowledgeable lawyer who understands the complexities of the local court system.

Do Not Attend a DUI Arraignment or DUI Trial Without a Qualified Astoria Lawyer by Your Side     

If you have been charged with a DWI in Queens, it is not advisable to attend an arraignment proceeding without a dedicated attorney. In addition to offering professional legal guidance, they could negotiate with the prosecutor for a plea deal, fight for a reduction in charges, and request release without bail.  

Contact the Law Office of Michael A. Schillinger, Esq. to schedule a free initial consultation and discuss the Queens DWI arraignment process. We can help you navigate the strict rules of the Department of Motor Vehicles, the traffic courts, and the complexities of the New York criminal justice system—which may make all the difference in your case.