First DWI 0.19 jail time?

[pat83]

What is the name of your state (only U.S. law)? NY

My friend was arrested in a DWI which involves an accident and blew 0.19 in breathanaysler. We were all returning from a club and his partner was driving we both were drunk and asleep. She wasn't drunk(designated driver) and she was driving the car which hit another parked car. It was wet and raining She panicked and did not stop until 2 blocks ahead. She woke us up. We all came out and checked our car damage. My friend got into the car which was almost immobilzed and drove the car in reverse gear to the car which we hit. And then the cops showed up at that point. My friend admited he was driving and even we said the same(didn't realise the conseqeunces). My friend failed the FST and got arrested and blew 0.19 at the medical center.
He got 2 tickets 1120.2 (above 0.08 BAC) and 1120.2A (above 0.18 BAC) and the police accident reports involvement of alcohol and my friend as the driver for the accident.

We met couple of lawyers and realised that with an Aggrevated DWI(0.19) DA would not plea bargain and Trial could certainly end up in some jail time if convicted. And decided to plea guilty with mitigation.
My self and his partner are submitting an affidiate on who was actually driving when the car was involved in the accident.
My friend is not a US citizen but is legal here. He has a clean driving record, a valid NY drivers licence and this is his first DWI.
If he pleads guilty what are the chances for a possible jail time for him? Or is it advisable to go for a Trail and take our chances to avoid jail time. It seems our county is bit harsh on DWI.

- Please do not drink and drive, you could get very unfortunate like my friend. Now all 3 of us feel very guilty of what really happened even after arranging for a designated driver that night.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

[FlyingRon]

Even not withstanding the accident, your friend was driving and admitted to doing so, severely intoxicated. He's in deep trouble.

I'd never plead guilty without knowing exactly the outcome. I would still look for legal assistance, while plea bargains may not be on the table (and you can't legally plea bargain a DUI charge into a non alcohol charge even if the DA were so inclined), the aggravated charge might be fightable. I don't see what 'mitigating' factors you think you have here.

[dave33]

Are you saying that you met with lawyers, but decided not to hire one? How do you know they will not drop it to just a d.w.i. I find it unlikely for a guilty plea they would not give something. It sounds like you talked to the wrong lawyers. D.w.i is a highly specialized area of law. At the very least you should be talking to a public defender. If nothing could be done about the crimes people were charged with criminal law would not exist. How do you know that by submitting an affidavit you will not be charged with filing a false police report while the original charges still stand? Seems you are in over your head, get a lawyer.goodluck.

[pat83]

No no, we are definetly going to get through a lawyer for either case(plea or contest). But all the lawyers we met said there might be chances for some jail time even if plead guilty. Not sure if they are just scaring us or there is a fair amount of jail time posibility in the worst case. I wanted to just get opinions from ppl that given the circumstances of wht exactly happened. Will the mitigating factors like
- his partner and me admiting she was driving until the accident and he was not resposible for the accident.
- his first DWI
- enrolling in Therapy classes
help us in plea guilty and would the DA be luking to offer DWI without jail time. Or is there something else can be done to avoid jail time.

[ElvinMelvin]

Originally Posted by pat83

But all the lawyers we met said there might be chances for some jail time even if plead guilty.

Yes, if one pleads guilty to DWI in NY there is a chance of some jail time.

If one pleads guilty to any criminal activity for which one of the prescribed punishments is jail time, one might get jail time.

Not sure if they are just scaring us or there is a fair amount of jail time posibility in the worst case.

Worst case is he gets aggravated DWI (first offense) which carries penalties of:

a) fine of $1,000 - $2,500
b) one year in jail
c) license revoked for at least one year

his partner and me admiting she was driving until the accident and he was not resposible for the accident.

The relevant law is this:

1192. Operating a motor vehicle while under the influence of alcohol or drugs.

2-a. Aggravated driving while intoxicated; per se. No person shall operate a motor vehicle while such person has .18 of one per centum or more by weight of alcohol in such person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva made pursuant to the provisions of section eleven hundred ninety-four of this article.

The accident doesn't matter. It doesn't matter that it was for a short distance. It doesn't matter that it was in reverse. Your friend was hammered and operated the motor vehicle. Admitting to the police that he was operating the vehicle was just the icing on the cake.

- his first DWI
- enrolling in Therapy classes

You might get the prosecutor to deal it down from aggravated, but not necessarily. DWI in NY is very touchy, so make sure your friend has a lawyer who specializes in DWI defense.

JMHO

[dave33]

I am glad to hear that you have the resources to hire a private attorney,that is extremely helpful. In just about any criminal situation jail time is possible. I would say in this situation it is unlikely. I think I would be tempted (in this situation) to be a little sarcastic with my lawyer. Say something like "I don't need to pay you to go to jail, I can do that for free". Anyway, you will have to explain the situation to him and see what he thinks is the best remedy. I do not think it will be that easy to get the charges dropped against your friend. In my opinion you will have to take the matter to trial, and even than you may not get the desired result. It could quite possibly end up worse for you going that route. I am sure your lawyer will explain all this to you. goodluck.