Underage DWI Misdemeanor - NY, 0.17 BAC

[sh2502]

What is the name of your state? NY

I had a flat tire on the highway and was pulled over around 2:45 am. The officer asked me if I had anything to drink and I said 2 beers. I blew a 0.17, and then got out of my car to walk in a straight line, touch my nose with my fingers, and follow his flashlight with my eyes. Despite the high BAC, I thought I went through with the tests pretty well. I was given a DWI and have to get my fingerprints taken and go to court. Should I get a lawyer? I'm 19 and I'm going back to college in a few days, so I have to fly back home in 4 weeks for court. Also, with a 0.17 BAC and this being my first involvement with criminal offense, what do you think the punishment would be? I'm wondering if there's any chance of this being reduced to a violation. In NYS, there's a minimum $500 fine and 6 month license revocation, so I'm not sure if getting a lawyer will help with getting reduced charges. Being underage, am I likely to get any jail time? Is there any way to get the fingerprints waived, I'm not sure if getting them taken is something I should be concerned about? Also, I'm wondering if I should say that I had more to drink than the originally stated 2 beers, and if the fact that I lied will come up in court. Is there any chance they'll drop this from my criminal record, since I've never had trouble with the law before and was fully compliant with the cops? Any advice on what to expect would be great.

[BigMistakeFl]

They already know you drank more than two beers. Your BAC proves that you had much more, and for the most part when a cop hears the response "I had a couple beers", he or she knows that means multiple.

You got caught. Your BAC is high, so you'll face DUI as a minor. You need to hire a DUI defense lawyer. You will likely face first offense penalties for your state.

[FlyingRon]

In NY, aggrevated DUI is .18, so at .17 you dodged a major bullet.
Despite the fact that you think you did well on the field tests, I'm sure your judgement of how well you were doing was impaired. .17 is very drunk.

"Minor" doesn't enter into it in this case. You're going to be tried as an adult and again in NY, the fact you were under 21 in this situation doesn't make things better or worse.

[You Are Guilty]

In NYC, I doubt jail time is likely, but I would expect to lose my license for a long time (at least until 21), mandatory alcohol classes and several thousands in fines. In upstate NY, jail time is entirely possible (in addition to the rest).

An experienced, local DWI lawyer would be a wise investment. (So would not driving drunk in the future on your soon-to-be suspended license).