2006-10-14 06:43:29 · 7 answers · asked by captain2man 3 in Politics & Government ➔ Law Enforcement & Police
70% of first time DWI offenders in New York get their charge reduced to a DWUI if they hire a lawyer. And if they blew a .08-.14 on the breath test it will probably get reduced to that without a lawyer. Usually restricted license for 90 days, 500.00 fine, some points on her license. A lawyer will cost your friend between 1200.00 and 2000.00, add in the courts costs, fine, and hopefully she learns her lesson. If she is truely sorry and apologetic look for the lesser charge. Judges vary from jurisdiction to jurisdiction and have quite a bit of room to play. One judge may treat DWI's like homicides, another may treat them like parking tickets.
Here is an outline.
In Court
First offense is a misdemeanor and will result in a criminal record.
If convicted of misdemeanor DWI, you will have your license revoked for a minimum of six months.
Mandatory fine of $500 to $1000.
Surcharges are added to misdemeanors ($160).
Maximum penalty = one year in the local county jail.
Operators with commercial licenses or operating commercial vehicles face stiffer penalties.
The highest blood alcohol level possible to still drive is a .04 % BAC. When you hit .05 percent you're driving while impaired.
When you hit .08 percent you're driving while intoxicated. A DWI conviction depends on a test of your BAC under Section 1192(2).
Arrest for “Driving While Impaired” (.05 to .07% BAC) usually results in a $300 - $500 fine, a 90 day license suspension, and a maximum of 15 days in county jail.
Just sitting behind the wheel of a running vehicle can constitute "driving" or "operating" a vehicle.
Zero Tolerance Law: A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC gets $125 civil penalty. License is suspended for 6 months, with a $100 fee to terminate suspension.
A serious personal injury or a death will result in suspension of your privilege.
License can be suspended immediately for any refusal to submit to a breath test. (VTL Section 1194. 2). Suspension is possible.
If the Administrative Law Judge finds (as they almost always do) that the refusal was made even though the police officer informed him/her that it would result in a license suspension, the judge can and will revoke the license for a period of at least 6 months, plus a $300 civil penalty. In such a case, your license will be suspended pending a DMV hearing, which must be held within 15 days.
Ironically, if you refuse the BAC test, receive a revoked license, but are found “not guilty” you cannot revive a conditional license, because innocent drivers are not eligible to attend a Drinking Driving Program (see below). A dismissal of the criminal charge or a plea to any other charge outside the DUI charge will preclude the issuance of a conditional license
2006-10-14 07:30:18 · answer #1 · answered by okchico 3 · 0⤊ 0⤋
Depends on what here blood alcohol level is.
In New York there are two levels of DWI offenses
1192.2 (an A misdemenor)
1192.1 (a violation)
Usually, if her blood alchol level is not over .12 the DAs office will offer 1192.1. This involves a mandatory 90 day license suspension and usually a fine with a program. In Manhattan that would be a 500-1000 fine with the program.
If it is above a .12 then you are looking at a 6 month revocation of a license, a criminal record, a fine 1000 or more, community service and a program.
They could face a maximum of one year in jail or three years probabtion if there is an accident or the person was reckless or way drunk.
2006-10-14 12:00:45 · answer #2 · answered by strangedaze23 3 · 0⤊ 0⤋
Dwi First Offense Ny
2016-11-14 19:49:55 · answer #3 · answered by ? 4 · 0⤊ 0⤋
This Site Might Help You.
RE:
My friend just got her first DWI (New York State), what is she looking at? Worst case scenario?
2015-08-16 20:00:33 · answer #4 · answered by Anonymous · 0⤊ 0⤋
For the best answers, search on this site https://shorturl.im/avVjP
The chance of getting the charge dropped or reduced is ... slim to none. Check out "Leandra's Law" the get tough new DWI law for NY. This is going to be expensive and a pain in the butt. Get a lawyer that specializes in DWI defense to advise you. The lawyer's fee will add to the cost, but their experience will help you out.
2016-04-06 00:27:14 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Probably about $6000 in fines and 4 years in probation and maybe lose license for 1 year. not to mention points on her license and insurance rates going through the roof.
2006-10-14 06:46:37 · answer #6 · answered by falsman14 2 · 2⤊ 0⤋
Hopefully losing her license, and possibly jail.
Your friend is an idiot. What if she had run into somebody and caused them to die?
2006-10-14 06:51:14 · answer #7 · answered by Demon Doll 6 · 0⤊ 1⤋
Huge fines, possible jail time, loss of license.
2006-10-14 06:56:49 · answer #8 · answered by Leah 6 · 0⤊ 0⤋
Criminal Records Search Database : http://CriminalRecords.InfoSearchDetective.com
2015-02-09 17:59:04 · answer #9 · answered by Andrew 1 · 0⤊ 0⤋
This might be feasible
2016-08-08 17:10:45 · answer #10 · answered by Anonymous · 0⤊ 0⤋