Maybe. New York has a “Prompt Suspension Law” which requires a Judge to suspend your license or operating privilege upon a finding that the charging documents are legally sufficient, and if there is a certified breath test result confirming your blood alcohol content (BAC) was .08 or greater. However, your DWI attorney may be able to challenge the findings made by the court and may also be able to obtain a hardship license for you to drive during the first 30 days after you are suspended pending prosecution. You should discuss whether there is a basis to continue to drive while your case is pending with your DWI attorney. If you are charged with a DWAI, your license will not be taken at the first court appearance.