First DWI occurred 3 years ago and blew .22 and was driving at the time. This time was parked and refused breathalyzer. Is it possible to be offered drunk in public or nonmoving drunk charge instead of a dwi?
The law in New York is pretty liberal as to what constitutes "operation". If you were convicted of driving while intoxicated three years ago then this DWI can and will likely be charged as a felony, with a maximum punishment of up to 7 years in jail. There is no general or usual offer, as I have helped clients get no jail on a second felony DWI (third DWI) and then seen other DAs insist on jail on a second DWI. Bottom line is that you cannot expect leniency given your recent history. You should be looking for an experienced DWI lawyer to negotiate on your behalf or should negotiations fail, to try and beat the charges.
I am a former Deputy Bureau Chief with the Brooklyn District Attorney's Office who has been specializing in criminal law for over 15 years. I offer free consultations by telephone, in-office or by videoconference.
Each district attorney in each county has his/her own policies on how it is that they like to deal with DWI. While everything is possible, I suggest you speak with a local criminal defense attorney. S/he would be able to negotiate the best possible disposition for you and if not defend you of the charges. Don’t say or do anything without an attorney.
Just because you were parked doesn't mean that you will win a trial. The question is were you opreating the vehicle. If the car was parked, was the engine running? Were the key's in the ingnition? if yes, then that will show intent to operate. This is a very technical area of law. Get an attorney. listen to his advice. You are looking at a felony.
You have demonstrated that People will have at least some problem with 1 or 2 elements of the crime.
DO NOT DRINK WHILE THE CASE IS PENDING. Get an attorney.
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