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CENTRAL ISLIP, NY – November 3, 2026 – A Driving While Intoxicated arrest on Long Island sets two separate legal processes in motion: a criminal court case and, in many situations, a separate Department of Motor Vehicles administrative action against the driver’s license. Long Island DWI defense attorney Jason Bassett of the Law Offices of Jason Bassett, P.C. (https://jbassettlaw.com/what-to-do-after-dwi-arrest-long-island/) is providing guidance on the immediate steps drivers should take to protect their rights and their driving privileges after an arrest.

According to Long Island DWI defense attorney Jason Bassett, the decisions made in the first few days after an arrest can significantly affect both the criminal case and the administrative process. He advises that drivers stay silent about the incident, avoid discussing details on social media, save every piece of paperwork, including any temporary license, and contact a defense attorney before the arraignment date. “The steps taken in the hours and days right after an arrest often shape the entire case,” Bassett explains. “Preserving evidence, staying quiet, and tracking the deadlines that begin immediately are essential.”

Long Island DWI defense attorney Jason Bassett notes that the criminal case begins with an arraignment, usually within 24 to 48 hours of arrest. At the arraignment, a judge reads the charges, sets bail or release conditions, and schedules future court dates. In Suffolk County, misdemeanor DWI cases are heard at the First District Court in Central Islip. Under New York Vehicle and Traffic Law Section 1192, the primary charges include Driving While Ability Impaired for a blood alcohol content between 0.05% and 0.07%, DWI for a BAC of 0.08% or higher, and Aggravated DWI for a BAC of 0.18% or higher.

Bassett points out that license consequences also take effect at arraignment. For chemical test results of 0.08% or higher, New York’s Prompt Suspension Law under VTL Section 1193(2)(e)(7) requires the judge to suspend the license while the case is pending. For chemical test refusals, VTL Section 1194(2)(b) provides for a temporary suspension at arraignment and a referral to the DMV for a refusal hearing.

Attorney Bassett explains that when a driver refuses a chemical test, New York law requires the DMV to hold a refusal hearing within 15 days of arraignment. If the hearing is not held within that window through no fault of the driver, driving privileges are reinstated pending a rescheduled hearing. At the hearing, an Administrative Law Judge considers whether the officer had reasonable grounds to believe the driver was impaired, whether the arrest was lawful, whether clear warnings about the consequences of refusal were given, and whether the driver actually refused the test.

“A refusal hearing is not just about the license,” Bassett notes. “It is an opportunity to cross-examine the arresting officer and identify weaknesses that may prove valuable to the criminal defense as well.” If the refusal is sustained, a first offense carries a minimum one-year revocation and a $500 civil penalty. Failing to attend or contest the hearing locks in those consequences.

Attorney Bassett emphasizes the difference between suspension and revocation. A suspension temporarily removes driving privileges for a set period, after which a termination fee restores the license. A revocation cancels the license entirely, requiring the driver to apply for a new license or restoration once the revocation period ends, sometimes with reapplication fees or testing. For most DWI convictions in New York, the penalty is revocation rather than suspension. A first-time DWI conviction results in a minimum six-month revocation, a first-time Aggravated DWI conviction carries a minimum one-year revocation, and a first-time DWAI conviction carries a 90-day suspension.

The firm also assists drivers seeking to retain limited driving privileges while a case is pending. Bassett explains that a hardship license may be requested within three days of arraignment upon a showing of extreme hardship, and that eligible drivers may apply for a pre-conviction conditional license after 30 days by enrolling in the DMV’s Impaired Driver Program. He observes, however, that drivers who refused the chemical test are ineligible for these options during the refusal revocation period.

Bassett advises drivers to avoid common missteps, including speaking with police without counsel, posting about the arrest online, missing a DMV refusal hearing, driving on a suspended or revoked license, and ignoring DMV paperwork and deadlines. He handles both criminal court defense and administrative DMV proceedings for drivers across Suffolk and Nassau Counties.

For those facing DWI charges on Long Island, contacting an experienced DWI defense attorney before the arraignment may help protect driving privileges, meet critical deadlines, and build a strong defense.

About Law Offices of Jason Bassett, P.C.:

The Law Offices of Jason Bassett, P.C. is a Central Islip-based firm focused on criminal defense, with particular attention to DWI and DWAI matters throughout Long Island. Led by attorney Jason Bassett, a former prosecutor and Special Assistant Attorney General, the firm represents drivers in both criminal court and DMV administrative proceedings across Suffolk and Nassau Counties. For consultations, call (631) 259-6060 or visit the office at 320 Carleton Ave #4200 in Central Islip.

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Email: bassettlaw@live.com

Website: https://jbassettlaw.com/

Media Contact
Company Name: Law Offices of Jason Bassett, P.C.
Contact Person: Jason Bassett
Email: Send Email
Phone: (631) 259-6060
Address:320 Carleton Ave # 4200
City: Central Islip
State: New York 11722
Country: United States
Website: https://jbassettlaw.com/