Ny dwi

[Tl33]

i was pulled over and charged with DWI for not blowing into the machine at the precinct. I was offered DWAI and contemplating if I should take it. I plan to fight the charges with an attorney but really worried about the DMV refusal hearing and losing my license. My attorney cautions me about the DMV side of the case, while I believe the criminal side can be handled what has everyone on here experienced with DMV refusals. Based on what I hear the DMV court has to prove it seems basic and I am a loser before we start, essentially forcing me to accept the DWAI plea.
If u ask why I didn't take the test that's another story but it wasn't because I was sloshed. In short I believe I was wrongly occused because I admitted to the officer I had a beer before I left the restaurant, actually finished it 5mins prior to getting pulled over.

Am I in real deep on the refusal with the DMV, forcing me to accept this DWAI?

Thanks

 

[FlyingRon]

The DMV isn't forcing you to do anything. Whether you plead to a DWAI or DUI or go to court to fight isn't going to change the sanctions for the refusal. The refusal hearing is distinct from all that. You should listen to your attorney. You should have remained silent. You admission to having drank is enough probable cause for the officer to requiest the test. Provided that there was some articulable reasonable suspicion to stop you initially, you will LOSE the refusal administrative hearing. Understand that "being sloshed" is not the standard for requiring you to submit to the chemical test. Understand that "being sloshed" is not a requirement for you to be convicted of DUI either.

 

[Just Blue]

i was pulled over and charged with DWI for not blowing into the machine at the precinct. I was offered DWAI and contemplating if I should take it. I plan to fight the charges with an attorney but really worried about the DMV refusal hearing and losing my license. My attorney cautions me about the DMV side of the case, while I believe the criminal side can be handled what has everyone on here experienced with DMV refusals. Based on what I hear the DMV court has to prove it seems basic and I am a loser before we start, essentially forcing me to accept the DWAI plea.
If u ask why I didn't take the test that's another story but it wasn't because I was sloshed. In short I believe I was wrongly occused because I admitted to the officer I had a beer before I left the restaurant, actually finished it 5mins prior to getting pulled over.

Am I in real deep on the refusal with the DMV, forcing me to accept this DWAI?

Thanks

Curious. Why were you pulled over in the first place? Speeding? Running a red light?

 

[HighwayMan]

i was pulled over and charged with DWI for not blowing into the machine at the precinct.

You were not charged with DWI for not blowing into the machine. You refused the chemical test, so you were charged with DWI based upon the officer's observations of you and your driving.

Am I in real deep on the refusal with the DMV, forcing me to accept this DWAI?

Your refusal has NOTHING to do with the criminal case against you, although your refusal can be used as evidence against you in the criminal case.

Winning or losing the refusal hearing should have no bearing on you accepting a plea down to DWAI.