Getting arrested for DUI / DWI in Buffalo, NY can be overwhelming and frightening. New York has some of the toughest drunk driving laws in the country, and a conviction can mean heavy fines, license suspension, increased insurance costs, and even jail time. Knowing what steps to take immediately after an arrest can help protect your rights and your future.
At Texido Law in Buffalo, we defend individuals facing drunk driving charges across Western New York. Here’s a step-by-step guide to what you should do if you’re arrested for DUI or DWI.
Step 1: Remain Calm and Respectful
When stopped by police in Buffalo, it’s natural to feel anxious. Stay calm and polite. Anything you say or do could be recorded and later used in court. Avoid arguing or resisting arrest.
Step 2: Know Your Rights
You have important constitutional rights during a DUI / DWI arrest in New York:
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Right to Remain Silent: Other than providing your name, license, and registration, you are not required to answer incriminating questions such as “How much have you had to drink?”
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Right to an Attorney: You have the right to speak with a lawyer as soon as possible. Politely state that you want to contact an attorney before answering further questions.
Step 3: Field Sobriety Tests – What You Should Know
Officers may ask you to perform field sobriety tests such as walking a straight line, standing on one leg, or following a pen with your eyes. These tests are subjective and often unreliable, especially in stressful roadside conditions.
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You may refuse field sobriety tests in New York without immediate penalties, though the officer may still arrest you.
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Results of these tests can be challenged in court by your DUI defense lawyer.
Step 4: The Breath Test (Chemical Test)
New York has an “implied consent” law, meaning that by driving, you’ve agreed to chemical testing (breath, blood, or urine) if lawfully arrested for DWI.
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Refusing a Breath Test: Refusal leads to automatic license suspension (typically one year for a first offense) and civil penalties, even if you are not convicted of DWI.
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Taking the Test: If you take the test and register at or above 0.08% BAC, the results will be used against you in court. Your lawyer can still challenge the machine’s calibration, operator error, or other factors.
Step 5: After the Arrest – Booking & Arraignment
Once arrested, you’ll be taken to a police station for booking. Soon after, you’ll appear at an arraignment in Buffalo City Court or another local court, where charges are formally read, and bail conditions may be set.
This is where having a lawyer is crucial. Your attorney can argue for your release, protect your driving privileges, and begin building a defense.
Step 6: Contact an Experienced Buffalo DUI / DWI Lawyer Immediately
The sooner you contact a defense lawyer, the better. A Buffalo DUI attorney can:
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Review whether the traffic stop and arrest were lawful
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Challenge field sobriety or breath test results
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Represent you at DMV hearings to protect your license
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Negotiate for reduced charges or alternative sentencing
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Defend you at trial if necessary
At Texido Law, we fight aggressively for our clients and work to minimize or eliminate the consequences of a DUI arrest.
Step 7: Prepare for Court & DMV Proceedings
DWI charges involve two separate cases:
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Criminal Court Case – Determines guilt, fines, and possible jail time
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DMV Administrative Case – Determines the status of your driver’s license
Your lawyer can handle both proceedings, file motions, and ensure you don’t miss critical deadlines.
Conclusion
A DUI / DWI arrest in Buffalo is serious, but you do not have to face it alone. From the moment of your arrest, you have rights — including the right to remain silent and the right to legal counsel. Every step you take matters.
At Texido Law in Buffalo, NY, we provide skilled, aggressive defense for DUI and DWI charges. If you or a loved one has been arrested, call us right away to protect your license, your record, and your future.
