What is gonna happen if i have 2 DWI's while under 21. The 2nd one in NY, and the first one in NJ?

Asked almost 4 years ago - Uniondale, NY

I just got a DWi in NY(i am a licensed NY driver) this past week i blew a .12 in Nassau County, but i am also pending on previous DWi case which i have in NJ where i blew a .16. I still havent gone to court for the one in NJ, and the court in NY knows about the open case in NJ. Another fact to the case is that i am currently under 21, with no priors, and no accidents were involved, and noone was hurt. I'm also a college student with a high gpa, and I am currently in a counseling program, as well as attending AA meetings regularly. Few questions: 1) Can Nassau County seize the car I was driving even tho it wasn't mine? 2) Am I likely to receive jail time? 3) What are the chances of either court pleaing the case down?

Attorney answers (3)

  1. Thomas Carroll Blauvelt

    Pro

    Contributor Level 16
    Best Answer
    chosen by asker

    Answered . You need experienced DWI legal representation in NY and NJ. Although I am a lawyer in NY and NJ, I will opine mainly about your NJ matter.

    NJ has 2 separate statutes for DWI and Underage DWI or "Baby DWI". Given that you are under 21, you may have received 2 charges in NJ for DWI and "Baby DWI". NJ's "Baby DWI" statute is not considered a DWI offense in NJ. You will not go to jail for it and the suspension period is limited to 30 - 90 days in NJ. NY may or may not treat this offense similarly.

    In the alternative, if you cannot avoid a DWI conviction in NJ, you will benefit from keeping the .16% BAC out of the case. NJ will consider this to be a 1st Tier, observations only case for sentencing purposes if the .16% BAC is not evidential. This will limit you to a 90 days driving pirivilege suspension in NJ if it's your 1st DWI conviction. The NYDMV will most likely respond with a 90 days NY suspension thereafter.

    Therefore, if you can resolve your NY matter first as a DWAI, with a clearly stipulated BAC of .05% - .07%, NJ will consider its offense to still be a first DWI conviction and jail is very unlikely in that event, even if the .16% BAC is evidential. You will need written proof in NJ of a stipulated .05% - .07% BAC NY DWAI conviction to achieve this result.

  2. Steven Marc Raiser

    Contributor Level 13

    Answered . they can seize the car although there are defenses to this if the owner did not have knowledge of you drinking and driving. Jail time is a distinct possibility if you end up being convicted in both states. The second state to sentence will be more likely to give jail. It would be helpful to have both the jersey and new York attorneys to work together to determine if pleas of guilty are likely as to which judge would be more likely to reccomend jail with a prior conviction.
    In new York because of zero tolerance policies your not likely to get an offer of a non criminal disposition since your age would be considered an aggravating factor.
    Any other questions please contact us at 516-742-7600

    Steven Raiser
    Raiser & Kenniff, PC

  3. Erick Masten Platten

    Pro

    Contributor Level 18

    Answered . Hello there,

    If you get convicted of these two you are most likely going to be looking at felony charges if there is a third offense.

    You need to consult with an attorney that specializes in intoxication crimes in your jurisdiction.

    Sincerely,

    Erick Platten

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