Son's First DWI

[Marcie]

What is the name of your state? NY
My son was charged with DWI last Sunday morning approximately 3:25 am. He blew .16 at the scene. His passenger who was with him that night and had at least 5 drinks and admitted drinking blew a 00 ?? He was therefore allowed to drive my son's truck back while they processed him at the station?? When they retested my son about an hour later he still blew .16. I have obtained an attorney but am scared to death. My son is 23 years old and has an A.S. in Criminal Justice/Police. He has applications pending with the Sheriffs dept and is scheduled to take the NY State Police test in January 2008. He knows he made a huge mistake, but obviously can't take that night back. He is a volunteer fireman and a NY state licensed EMT. He has a lot riding on this. Any advice from people would be helpful. I had no experience in this and didn't even know what to look for in an attorney. Does the DA ever look at the character of a young person and take that into consideration? He feels he has ruined his entire life and goals with one stupid mistake. Advice/help would be greatly appreciated. This has rocked our family, as I am sure it does everyones'. Thanks for reading....What is the name of your state?

[You Are Guilty]

23 years old? He needs to be handling this himself. That said, odds are pretty good that he won't get any jail time but rather, get hit with a few thousand in fees and penalties and have to take a few classes. License may be suspended anywhere from 6-12 months. I suspect that a guilty plea/conviction will ruin whatever shot he has with the PD, so he may want to investigate that further. Ditto for the Sherrifff's office.

[CdwJava]

Chances are he will not be considered by any law enforcement agency while he is on probation for a DUI. A conviction will probably put him off for two to five years with any agency. He might consider that as time to do two things that will make him stand out later: Get his BA/BS in something (anything), and retain successful and continued employment. he should also refrain from any further alcohol.

We once had an applicant who had a DUI and a public intoxication contact (not an arrest) ... he swore he was going to stop his drinking ways and then we come to find out AFTER our conversation he got contacted two more times for being inebriated and causing problems. While not arrested, this was enough to demonstrate he had a serious problem with alcohol.

A DUI CAN be overcome, and your son can still have a successful career in law enforcement. But, now, he has to overcome this by showing responsibility. A steady employment history and furthering his education are two proven methods to do this. When I do employment backgrounds, I tend to look strongly at both.

He should also speak to an attorney.

- Carl

[DWIexp]

I can share my experience that will help your son.

I recently got DWI and mine was reduced to DWAI with help of lawer. MY BAC was 0.1. I paid all fines etc in a first apperence itself. ( I got little relief now). Because came out this junk DWI. Now I hate to take this junk drink alchocol. I given full freedom for my lungs. So very good lesson learnt from this expensive mistake. I had to run totally 3500$ to come out this.

Ok coming to your part

1. Get an attorney (cost around 1500$). without attorney judge wont allow to plea bargain(offer to reduce your DWI. Attorney can speak with proscecutor before appearing court. If proscetor agrees and compromises, you wont be charged DWI. so you are not showing criminal record)

2.So ssk the attorney to reduce DWAI. ( if your son's DWI is first offence and no criminal history prior). Please stick on this. Dont accept to get an DWI misdemenor. the tuffest part here is your son blew high BAC. So your attorney really help you efficiently.


3. If you get reduce DWAI from DWI, there is no criminal record. so no worries. (but seems BAC in your case is little high, but good lawer can necogiate this).

4. If you got reduced to DWAI ( only traffice infraction) your problem got solved. for DWAI, the fines are.

So you/your son should focus not to get DWI (for avoding criminal record history)/

fine maximum 500$
Attend Victim impoact program ( 25$ - 2 hrs meeting thats all)
Take alchocol evaluation ( cost 100$). if it comes negative. noprobation, no AA classes
90 days licence suspensition ( you have to pay 750$ to DMV for driver repsonibily program, that is part of DMV side. mandatory for alchocol related violations,

thats all your son will be all set. But you have to struggle to get only DWAI. Please focus on this.

Hope this info will help you. Dont encourage to drink at any cost. We can get nothing from the drinks other than this kind of hard pain.

[You Are Guilty]

Originally Posted by DWIexp

I can share my experience that will help your son.

I recently got DWI and mine was reduced to DWAI with help of lawer. MY BAC was 0.1. I paid all fines etc in a first apperence itself. ( I got little relief now). Because came out this junk DWI. Now I hate to take this junk drink alchocol. I given full freedom for my lungs. So very good lesson learnt from this expensive mistake. I had to run totally 3500$ to come out this.

Ok coming to your part

1. Get an attorney (cost around 1500$). without attorney judge wont allow to plea bargain(offer to reduce your DWI. Attorney can speak with proscecutor before appearing court. If proscetor agrees and compromises, you wont be charged DWI. so you are not showing criminal record)

2.So ssk the attorney to reduce DWAI. ( if your son's DWI is first offence and no criminal history prior). Please stick on this. Dont accept to get an DWI misdemenor. the tuffest part here is your son blew high BAC. So your attorney really help you efficiently.


3. If you get reduce DWAI from DWI, there is no criminal record. so no worries. (but seems BAC in your case is little high, but good lawer can necogiate this).

4. If you got reduced to DWAI ( only traffice infraction) your problem got solved. for DWAI, the fines are.

So you/your son should focus not to get DWI (for avoding criminal record history)/

fine maximum 500$
Attend Victim impoact program ( 25$ - 2 hrs meeting thats all)
Take alchocol evaluation ( cost 100$). if it comes negative. noprobation, no AA classes
90 days licence suspensition ( you have to pay 750$ to DMV for driver repsonibily program, that is part of DMV side. mandatory for alchocol related violations,

thats all your son will be all set. But you have to struggle to get only DWAI. Please focus on this.

Hope this info will help you. Dont encourage to drink at any cost. We can get nothing from the drinks other than this kind of hard pain.

While I admit I have no clue what you're saying (or trying to say), I'm fairly confident based on the two words I did understand that you're entirely wrong.

Please learn English, then DWI law, before posting again. Thank you.

[BL]

I would say to retain the best DWI Defense Attorney around your parts .

When an individual is taken to " the station " however , they use a better Breathalyzer machine , checked for calibration , and supposed to be used by trained personnel .

Depending on where you live , the DA. may , or may not budge ( plea bargain ) , as NY has gotten tough .

Your son should refrain from alcohol use .