Legal Question in DUI Law in New York

Afraid about DWI arrest -

Hi, I got DWI ticket two days back and I was arrested (08/24/07). When I was arrested I have only learners permit. Also I am not US citizen. I just came to one shop for buying milk for my kid. (just .5 miles away from my apartment and rainy, thatswhat I used car). I dont know the rules of DWI, because I am newly came to US (just 9 months back). I was asked to take some field test before arresting ( eye tracking, one leg stand). After I was taken to police station and I was taken breath analyzer and police men said you consumed 1% more alochcol than (0.08). I need to go back to my country (India) on october end. I have my wife and kid with me. I am so much worried about my jail punishments and my criminal records. Could you please what are all the punishments I will get and also advise me to relieve this problem?. I am dying everyday and I am not able to sleep because of this mistake. My wife also so much scared and she is crying always. She is tottaly worrying I will need to go to jail and she cant go to home country and cant see our parents. Can you explain what maximum negative possibilites I will get because of this.


Asked on 8/28/07, 2:53 pm

1 Answer from Attorneys

Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Afraid about DWI arrest -

Ok Relax. Jail, while technically a possiblity, is remote at best. This is a first offense. You didn't kill anyone, you didn't run from and accident and if you didn't drink too much and have a low enough breath score, you should be fine.

Speaking of fines and costs. The whole thing should run you about $4000 including legal fees. Maybe less.

FIrst peice of advice...GET A GOOD LAWYER. If you want the name of someone good in your area, you may contact me in an e-mail.

Next, Are you a green card in the USA? or are you visiting? Where do your parents live? Travel because of a misdemeanor conviction may be a problem (For example Canada does not accept those with DWI convictions) however going home and back with a green card may not be hard to do.

Make sure the lawyer you consult has information about your legal status in the country.

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Answered on 8/28/07, 6:36 pm


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