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Bf has been charged with a misdemeanor in 2007, and now he may be charged with a DUI?

Binghamton, NY |

my bf was charged with a misdemeanor in 2007 (for drunk driving).

now at 27 years old, he was recently caught drunk driving and was arrested. he didn't yield at a sign, so the cops pulled him over. he refused a BAC test. he was nonviolent with the cops the first or second time.

we don't know what is going to happen yet, since this incident occurred 3 days ago.


the first misdemeanor was in ct, and his 2nd offense (i don't know what it should be labeled yet) was in upstate ny.


besides his first misdemeanor, his record is clean.

would he face any jail time and/or be convicted of a felony?

thanks.

Also, are there multi state searches done for DUIs?

Attorney Answers 6


  1. There is not enough information for an accurate answer. Even though jail is possible, it is not definite. The attorney of record would be in a better position to discuss possible outcomes.

    This answer is only for informational purposes and is not meant as legal advice.


  2. If the case in CT is not sealed it likely will show up on his criminal history. If the conviction in CT is substantially the same as the NY misdemeanor conviction he can be charged with a felony. I can't guess whether the DA will seek jail or not but I suggest that your boyfriend retain a good criminal defense lawyer.

    The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  3. There is not enough information to answer accurately. Was he convict in Connecticut? What w the conviction for? Your best bet is to hire a good attorney. Lots can be done.


  4. I suggest your boyfriend assert his right to remain silent and to counsel to represent him in criminal court and at the refusal hearing.

    The information provided is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered. The information is not guaranteed to be correct, complete, or current. I make no warranty, expressed or implied, about the accuracy or reliability of the information. You should not act or rely on any information at above without seeking the advice of an attorney. The determination of whether you need legal services and your choice of a lawyer are very important matters that should not be based on websites or advertisement


  5. Your BF is in a whole heap of trouble. Have him hire the best DWI defense lawyer he can afford ASAP


  6. His prior conviction can serve to raise this charge to a felony. There are interstate searches. The Broome County District Attorneys Office is very tough on DWI and they are excellent prosecutors. Have him hire an attorney who is experienced defending DWI cases.

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