DWI arrest, high BAC but first offense, looking for non-criminal violation
In New York County (Manhattan), I was stopped at a routine DWI checkpoint and blew a .17 BAC in a formal breathalyzer test. A high number, I know.
I made a bad mistake, and I will accept consequences, my concern is avoiding a criminal record, as I am now charged with a misdemeanor DWI (criminal charge), and I am unsure how this will haunt my 'record' for the rest of my life (does anyone have insight into that?). Thus, I've pled not guilty. I will take any amount of driving suspension or other penalties if I can avoid the criminal conviction.
I have no prior arrests or problems, attend an ivy league school, and am a very upstanding citizen (otherwise). I am a NJ resident, although I can change my residency to NYC if it helps.
I am trying to determine my options and chances.
I can try to plea to a driving while impaired violation. I do not know if merit alone will get me far though, or if my only hope is endlessly adjourning the case until the prosecutor gives up. Does NYC have a type of expungement option?
I am interested to hear professional opinions, as well as the experiences of those readers who have been in a similar situation themselves.
5 Answers from Attorneys
Re: DWI arrest, high BAC but first offense, looking for non-criminal violation
It is potentially possible to get the result you desire, but would be VERY difficult being that my experience in manhattan county has shown me that the DA's office is highly unlikely to offer an impaired violation when the Defendant blows such a high number... however, there are other avenues that a qualified attorney could take, and various strategies my office regularly uses in such cases...
If you would like to further discuss your case please feel free to call my office for further discussion, you may reahc us at 2127098303
Re: DWI arrest, high BAC but first offense, looking for non-criminal violation
You blew a high reading,therefore in my professional opinion it seems unlikely you will be allowed to plead to a violation.In NY there are no provisions for expungement.That being said perhaps there are triable issues,specifically the conducting of the breath tests the analysis of the results, chain of custody issues etc. These issues can only be determined by further investigation.Please go to my web-site nydrunkdrivingdefense.com or my profile on law guru. I am a former Traffic Court Judge who handles matters such as yours on a regular basis. Feel free to call me @7188340087 for a free phone consultation.
Re: DWI arrest, high BAC but first offense, looking for non-criminal violation
You need to retain a qualified criminal defense attorney. It is quite likely that with a result that high the prosecutor will push for a plea to a misdemeanor. However, there are many factors that come into play where a qualified criminal defense attorney may be able to work out a better deal for you. If you plea to a misdemeanor that conviction will still on your record, unless you are under a certain age. I doubt adjourning the case over and over again will work. Eventually the case will have to go to trial or plea, unless the prosecutor really drops the ball. I have handled hundreds of these types of cases as a prosecutor and I can tell you with a blow that high it may be very difficult to get an impaired plea offer, but I would need to review all the evidence to see what weaknesses there are in the prosecution's case. Please feel free to contact my office if we can be of any assistance in this matter.
Re: DWI arrest, high BAC but first offense, looking for non-criminal violation
I would also recommend that you refrain from posting in detail on the specifics of the case or discussing the facts with people who are not the attorney or potential attorney representing you. You should keep in mind that these charges carry a sentence of up to a year in jail and what you say could end up being used against you by the prosecutor if it is not protected by the attorney/client privilege.
Re: DWI arrest, high BAC but first offense, looking for non-criminal violation
You blew more than twice the legal limit in NY. This makes your case difficult. Before the limit was lowered from .10 you would have likely gotten the violation but things changed when the limit went down to .08. You might consider voluntarily getting into an alchohol program to show you are taking this matter seriously. Have you retained a criminal attorney? You need someone who good and knows the issues DWI cases present. Your idea of dragging the case out could work (I have done it with cases and forced the prosecutor to blowing the speedy trial statute), its not easy to do because the Judges tend to push the cass forward. I am a former federal and State prosecutor and have handled numerous DWI cases (both as prosecutor and defense attorney) so please feel free to contact me if you are looking for an attorney.
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