aggravated DWI in NYS

[clowes1234]

What is the name of your state (only U.S. law)? NY
I got a BAC level of .18, I'm a 40 year old female. First offence for anything..never even had a parking ticket. I work and have children. I have read my chances of having it reduced to a DWAI are slim to none. Has anyone else been in the same situation?

 

[Alex23]

That's over double the legal limit. What kind of leniency do you want?

 

[BL]

What is the name of your state (only U.S. law)? NY
I got a BAC level of .18, I'm a 40 year old female. First offence for anything..never even had a parking ticket. I work and have children. I have read my chances of having it reduced to a DWAI are slim to none. Has anyone else been in the same situation?

NY has gotten tough on DWI's .

With your first offence upon conviction , you can hope for :

Can I get a conditional license if I was convicted of DWI or DWAI?
If you receive your first conviction for DWI or DWAI and you participate in the Drinking Driver Program (DDP), you can receive a conditional license. The DMV determines if you are eligible for the DDP. A judge can stop your enrollment in the DDP. To get complete information read the DMV brochure, The Drinking Driver Program.

The law mandates participation in the DDP, even if the driver is not eligible for a conditional license, for convictions of specific alcohol or drug-related violations, or in specific plea-bargaining situations.

 

[clowes1234]

That's over double the legal limit. What kind of leniency do you want?

I know what I did was so wrong! I'm just scared of the outcome.

 

[BL]

NYS DMV - Frequently Asked Questions

 

[clowes1234]

NYS DMV - Frequently Asked Questions

thank you, BL, for posting information.

 

[sagito327]

Clowes: NY instituted the aggravated DWI law recently for one reason: so that you cannot plead down to a DWAI with a certain BAC. You cannot plead down to a DWAI. That said, with your lack of a criminal background you can plead guilty or no contest and get a short term probation, a fine, or maybe even just some community service. You can also fight the DWI charge, and your lawyer may be able to help you with that.

EDIT: check your private messages

 

[BL]

Clowes: NY instituted the aggravated DWI law recently for one reason: so that you cannot plead down to a DWAI with a certain BAC. You cannot plead down to a DWAI. That said, with your lack of a criminal background you can plead guilty or no contest and get a short term probation, a fine, or maybe even just some community service. You can also fight the DWI charge, and your lawyer may be able to help you with that.

EDIT: check your private messages

You forgot the mandatory penalties and mandatory classes ,etc .

 

[InsaneJane]

Wow! 18 makes it agravated. I highly recommend talking to a good lawyer that deals in DWI's to discuss your options. They might be able to fight it or get it knocked down.