DWI/DUI (Driving While Intoxicated, A.k.a. Drunk Driving) is a criminal offense which means that if convicted you can face jail time and/or probation, a criminal record, license suspension, and heavy fines. In New York the legal blood alcohol content (BAC) limit is .08. Driving with a BAC of %.16 is Aggravated Drunk Driving. A minor driving with a BAC of %.02 alone could be arrested and have their license taken away. You can expect large fines if you plead guilty, and a suspension of your license for 90 days for a first time offense.
A DWI in New York can range from: an administrative issue, such as refusing a breath test, or a traffic infraction, such as driving while impaired, or
an unspecified misdemeanor of driving while intoxicated, driving with a BAC of more than.08% alcohol, or driving while impaired by a drug, or an unspecified felony for driving intoxicated with a child in the vehicle, or driving with a BAC of more than.08% with a child in the vehicle, or a second offense within 10 years of driving while intoxicated, or a second offense BAC of more than.08%, or a class D felony for a second offense within 10 years of driving intoxicated with a child in the vehicle, or a second offense within 10 years of driving with a BAC of more than.08% with a child in the vehicle, or a third offense within 10 years of driving while intoxicated, or a third offense within 10 years of driving with a BAC of more than.08% alcohol, or a third offense within 10 years of driving while impaired by a drug…….
Refusing to take a chemical test may get your license revoke for a year by a Administrative Law Judge from DMV regardless if you are convicted in criminal court or not.
For multiple offenses of DWI you will find yourself facing felony charges, which can put you in jail for many years. Here is a link which will show you the possible and mandatory penalties. www.dmv.ny.gov/alcohol-drug.htm#penalties. Part of your complete defense is having accredited chemical dependency counselors testify to the Judge that you are recovering, and that you pose no further danger.
In New Jersey there is no plea bargaining to reduce the charge to a non-alcohol related offense. In NJ they call it a DUI (driving under the influence). If you have a NJ License and plead guilty to a reduced charge of driving while impaired in the state of NY, DMV of NJ will still revoke your license in NJ for 90 days, as they consider the deduced conviction a drinking related crime.
Under the constitution you are not obligated to prosecute yourself! Instead you have a right to make sure that the persecution does everything properly, which is very difficult for the prosecution. By hiring a attorney you may be able to save your license, money, and your good name.
Attorney Zev Goldstein has handled DWI cases for over 34 years, so you can be sure that you are in good hands.
So call today for your free initial consultation. I can represent you in criminal court and in the Department of Motor Vehicles (DMV).