Will the D.A. lower my DWI charges to something non-criminal.

Asked about 1 year ago - New York, NY

I am being charged with an Underage DUI along with a refusal to blow following an accident I had in Manhattan. I understand that it is a policy of the DA to not plea bargain refusal cases to something non-criminal. I know it is not an excuse, but I am young (20 years old), currently in pharmacy school with good grades, and can prove outstanding moral character through my community service and church programs. Would the DA possibly take these factors into consideration and deter from that standard policy to offer me a non-criminal plea?

Attorney answers (6)

  1. Zachary Peter Reibstein

    Pro

    Contributor Level 10

    21

    Lawyers agree

    Answered . Although the DA's office may generally not bargain down a refusal case to a non-criminal offense like DWAI, one should never say never. The DA's main considerations would most likely be how bad the accident was, whether or not you were at fault for it, and how intoxicated you appeared to the police and on the video (if one was taken.) The factors you mention about yourself would certainly be considered as well. While no specific result can ever be guaranteed, it's definitely worth a shot to hire a lawyer and see what they can do.

    For more information visit www.reibsteinlaw.com. Please note that unless a formal letter of engagement or retainer... more
  2. Eric Edward Rothstein

    Contributor Level 20

    20

    Lawyers agree

    Answered . What County are you in? I've had success getting around no plea policies. It's not easy. .... you need a lawyer who will fight hard you.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  3. Michael J Palumbo

    Pro

    Contributor Level 19

    18

    Lawyers agree

    Answered . You were drunk, underage, and caused an accident. Unless you beat the charges (and I mean dismissal) you can likely kiss your dream of becoming a pharmacist goodbye. Have your parents retain for you the best lawyer money can buy. Best of luck.

  4. Jayson Lutzky

    Pro

    Contributor Level 20

    18

    Lawyers agree

    Answered . Consult with an experienced DWI lawyer to represent you.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more
  5. Frank Mascagni III

    Contributor Level 20

    18

    Lawyers agree

    Answered . You need to hire a criminal defense lawyer ASAP to review the file and the facts with you.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more
  6. Abdul-Wali Abdullah Muhammad

    Contributor Level 3

    7

    Lawyers agree

    Answered . The refusal hearing is with the DMV. That's not the DA. You need a lawyer for this one. It's a battle on 2 fronts - the in court with the DA and at the DMV refusal hearing.

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