I was charged with a dwai with a BAC of .05 should i plea not guilty?

Asked over 3 years ago - New Rochelle, NY

i was arrested for suspicion of DWI the officer gave me the sobriety test and he said i had failed and that is why i had to be arrested when i was taken in they have me a second Breathalyzer test and he said i had a BAC of .05 which is not considered at DWI but a DWAI, I want to plea no guilty because i belief that the sobriety test that i was given was unfair because it was 30 degrees outside and i wearing a shirt dress and did it without shoes so i was freezing and shacking. do you belief i have a case? should i plea not guilty? what happend if i plea not guilty and the convict me anyways?

Attorney answers (4)

  1. Carl Scott Spector

    Pro

    Contributor Level 11

    Answered . Certainly you should plead not guilty and hire an attorney that can represent you that understands the defense of DWI cases. You have a lot of interesting issues in your case and you need an attorney that appreciates those issues.

    Good Luck-



    Note: For informational purposes only.

  2. Richard Francis Sweeney

    Contributor Level 10

    Answered . Yes, you should plead not guilty and get a lawyer! The plea of not guilty is only the beginning of the case. Your attorney could negotiate a plea that is agreeable to you and the prosecution, or the attorney could check discovery and find out why the police gave you the breathalyzer twice.
    With a .05 bac, the charge is probably driving while ability impaired, a violation. It is impossible to say whether you would be found guilty. There are many factors. The sentencing is also impossible to say because the court would consider whether you have other past DWI or other convictions and there are other considerations.

    Richard F. Sweeney, Esq.
    Yonkers, NY
    www.RichSweeneyLaw.com

  3. Richard Francis Sweeney

    Contributor Level 10

    Answered . Yes, definitely, and get a lawyer! The initial plea just starts the process. Your attorney could negotiate and get you an agreeable disposition or he can look at discovery of the prosecutor. There is an issue of why the police gave you the breathalyzer twice. An attorney can make a motion for more discovery or to dismiss. It is impossible to say how you would do at a trial or even sentencing if found guilty. There are many factors such as prior DWI's.


    Richard F. Sweeney, Esq.
    Yonkers, NY
    www.RichSweeneyLaw.com

  4. Franz Nicholas Borghardt

    Contributor Level 11

    Answered . You should always enter a plea of not guilty at the time of arraignment. Unless they offer you and your attorney an outstanding deal at that time, you will lose nothing. Contact a local attorney.

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

Get free answers from experienced attorneys.

 

Ask now

26,193 answers this week

2,780 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,193 answers this week

2,780 attorneys answering