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

Asked about 1 year 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. Eric Edward Rothstein

    Contributor Level 20

    2

    Lawyers agree

    Best Answer
    chosen by asker

    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. Joseph A Lo Piccolo

    Contributor Level 20

    3

    Lawyers agree

    1

    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)
    Jlopiccolo@hbclaw.net

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

    Contributor Level 19

    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
    1-800-DWI-TEAM

One or more answers have been taken down.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,269 answers this week

2,759 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary