It's likely to be pled down to DWAI, but is this a misdemeanor which will dog her forever?Is this charge ever dealt with as an Adjournment in Contemplacment of Dismissal?
If it is plead down to Driving while Ability Impaired, then she will not have a criminal record. If she is convicted of the misdemeanor, New York does not have an expungement statute so it she would have a criminal record for the rest of her life. It is the extremely rare circumstance, where a prosecutor allows a DWI charge to be plead down to something other than the DWAI but there is nothing to legally prevent it from happening. I've had it happen a couple of times but it is usually under very unique circumstances.
Before you assume that your daughter will be convicted, the first thing you should do is to have a consultation with an experienced criminal defense attorney that handles DWI cases.
A DWI conviction will remain on your daughters records not only for potential enhancements if she is ever arrested again for another DWI in New York or in many other states, but also for insurance purposes.
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