I have a Dwai on my record (nov2011) and recently was arrested (march 2013) for another dwi charge, would this become a felony?

Asked almost 2 years ago - Peekskill, NY

I am curious what penalties I will be facing and if I would be eligible for a hardship license. Also, do you think it would be possible for me to represent myself in this case as I don't have the means to afford a lawyer. In addition I just received my degree in Public accounting and I am concerned that I won't be able to obtain CPA licensing in ny. This time around I had a BAC of .13 and was pulled over for speeding I had someone in the car that could have drove but they still arrested me. I am located in Westchester county and would appreciate if anyone could shed light on my situation. Thanks.

Attorney answers (3)

  1. 2

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    Answered . If your prior was an impaired then this is a misdemeanor not a felony. However, the prior will show up on your RAP sheet so the DA will consider it. I suggest you hire a very good criminal defense lawyer who knows how to handle a DWI case.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  2. 3

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    Answered . Ok...it's a misdemeanor and not a felony. You cannot get a Cond License if you took the DDP.
    You should not represent yourself as your degree did not include instruction on this kind of law.
    Ask the court to appoint a lawyer if you can't afford one.
    You can become a CPA, even with a misdemeanor which is the likely result of this case due to the prior.
    Good Luck!

    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  3. 1

    Lawyer agrees

    Answered . The information provided by my colleagues is correct.

    I would emphasize that this is a matter for an experienced defense attorney familiar with DWI. You face possible jail and Probation, revocation of your driver's license for a significant period of time, and fines and surcharges.

    Christopher I. Simser, Sr.
    Anelli Xavier
    269 West Jefferson Street, 2nd Floor
    Syracuse, NY 13202

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The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

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