Legal Question in Criminal Law in New York

Re: question regarding DWI penality

You should speak to a criminal defense attorney. Without all the facts it is not possible to determine what type of sentence the prosecutor will ask for. If you being charged just with the misdemeanor then the max amount of time you could get is one year, although this is not common on a first arrest. Other factors include did you take the breath test, if so what did you blow?, did you refuse the test? what were you doing when you were stopped (e.g., speeding, swerving into oncoming traffic, stopped at a routine checkpoint, involved in a car accident), is there a videotape showing your intoxication? if so how intoxicated do you look? Were there non-police witnesses who will come in and say you were intoxicated. All of these factors will play a role in the prosecutor determining what type of offer they will make. Depending on the prosecutor's office they may have set policies on what they offer on a first arrest DWI. Some offices will require you to plead to a misdemeanor if you refused to blow and others will not. There are also some manadatory fines and driving license suspensions/revocations that you will be facing as well. You may have to do a drunk driving program. In the end an attorney familiar with the court system in which you are being prosecuted will be able to advise you about the possible outcomes.