I was detained by an officer on my way back to my apartment after having Thanksgiving dinner with some friends. My roommate had lent me his car for the weekend, while he was out of town. Since I don't usually drive around, I got lost (the officer detained me after I drove around the same area twice). I had taken a glass of whiskey, so the officer noticed the smell and he asked me to take the tests. After the preliminary tests, I got arrested for alleged driving while intoxicated (without having my rights read at the time). The BAC was measured by test as 0.07% and they also charged me with invasion of another lane (which I don't recall having done) and not using the signal when turning onto another street. I have no criminal record, nor I have been arrested ever before for anything.
Your situation sounds defendable. Select a local lawyer who you can trust to represent you aggressively. Good luck.
In July of 2003 I was convicted of a DWAI in my home state of New York. Saturday after my best friend's wedding I was pulled over for speeding -- 75 in a 55. The officer performed field sobriety tests, and arrested me. While at the station I admitted that I was probably too drunk, and that I'd had four glasses of wine. I submitted to two breathalyzers, but the machine didn't work properly, so they took me to the hospital for a blood test, where I refused due to my needle phobia. I know in 'common law' DWI cases the BAC is not necessary for conviction, but what can I reasonably expect as far as what charge I will have to plea to -- and the likelihood of jail time? Can I get a better lawyer than the public defender without money up front? Also, how do I find out if my license is supended?
It may be possible to negotiate a plea to another DWAI? Because your prior DAWI wasn't within the last five years the...
I originally 2 years ago got convicted of a misdemeanor, recently violated for drinking. Now I am looking at a year of alcohol and drug classes 3 times a week with suspended probation for 3 months on top of my 1 year left of probation so 15 months in total. Or I can do the max 1 year in county jail that's if I get the full 1 year.
So that is my question how likely is it I will get the max 1 year term and is it possible to get a shorter sentence? Seeing as I never violated probation before. Not to mention before my trouble with the law 2 years ago never even had a speeding ticket and have had a full time job this whole time.
Also is it possible to get out sooner on good behavior for this?
On a 1 year sentence you will do 8 months with credit for any time previously in jail on the same case. Your lawyer can...
I had a DWAI conviction in 2008 and just (2013) received a failure to submit to a chemical test. I will be accepting a DWI charge. My understanding is if I have had a conditional lic in the past 5 years I can not get one following this charge. However, I have pulled my MVR and it only shows a hardship lic was issued and then my lic was fully restored after guilty plea to the first ticket. in 2008. Would my MVR show if a conditional lic was issued and because it does not am I eligible for one now?
If you refused a chemical test in 2013 and the administrative law judge makes that ruling at the refusal hearing, you...
Many of the legal consequences of a DUI conviction are well known: Jail, fines, suspension and the revocation of driving privileges. But DUI is an iceberg, and its vast bulk lies hidden from view. The unspoken costs of a DUI conviction can range from freedom to money to the very right to travel.