Best case is probation without jail. It is going to be difficult but not necessarily impossible.
Hire the best attorney you can!
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
The DA will not offer any type of plea bargain and will likely look for some jail time. Best case scenario is to get the case dismissed. Short of that the best case scenario is no probation no jail just ignition interlock and fines. The next best case would be straight probation with no jail.
You need to hire a criminal defense lawyer you knows how to handle a DWI case. If this took place in Nassau the DA there has a no plea policy on DWI cases.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
You already have answers from four good New York lawyers. I join them, as someone you CANNOT hire for this, in saying you need a lawyer, now.
Often people think that because it isn’t a murder case, a drunk driving case is simple. Nothing could be further from the truth. These cases can be among the most complex a criminal defense lawyer handles. The government is willing to spend an incredible amount of money to convict you though. They will have expert witnesses available for consultation and trial.
That you have been charged or that some contraption says your alcohol level was at a certain level does not mean that you are guilty. It certainly does not mean that you can be proven guilty using competent, valid evidence.
Field sobriety “tests” are designed to give police a reason to arrest. You cannot “pass” them. The police will admit that almost a third of healthy young adults who take these tests without any alcohol will be judged to be “under the influence” – and that assumes they are properly administered!
After even a first drunk driving conviction, you may face employment discrimination. You will certainly be charged higher for insurance. Having such a conviction will also make you a target for drunk driving arrest in future interactions with police. You will automatically become a suspect.
You will want a lawyer who is familiar with field sobriety “tests,” perhaps one who is certified to administer these tests. You will want a lawyer familiar with the weaknesses of the contraptions that are used to report alcohol or drug levels. You want an experienced trial lawyer, used to cross-examining police officers. Police officers are practiced, experienced witnesses.
That is, you want an experienced drunk driving defense lawyer, whether you call the offense DUI, OWI, DWI, OUI, or drugged driving.
If any answer on AVVO helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others.
--- Experienced DUI/DWI/OWI/Drunk Driving Lawyer in Madison, Wisconsin
--- Facebook Page Madison (Dane County) Wisconsin Drunk Driving / OWI / DWI / DUI Lawyer
--- Field sobriety "tests" – Madison (Dane County) Wisconsin DUI / DWI / OWI / Drunk Driving lawyer
--- Drugged Driving/DUI/DWI/Drunk Driving with Prescription Drugs – Madison (Dane County) Wisconsin
--- Which Offenses Count as Priors in Wisconsin? - Madison Dane County Wisconsin DUI OWI Drunk Driving Lawyer answers
--- Ten Days to Save Your License - Administrative Suspension and Refusals in Madison (Dane County) Wisconsin
Confidential information should not be disclosed in this Internet forum.
I am an experienced Wisconsin drunk driving (DUI/OWI/DWI) defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.
If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.
To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.
This AVVO Answer is provided for general educational purposes only.
See “more” link below for more important information about this answer and AVVO.
Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.
The DA is not likely to make any offers with this type of fact pattern because of the blow and the accident. So best case scenario if you take a plea to the top count is a conditional discharge with DWI conditions (ignition interlock, possibly drinker drivers program and victim impact panel) and court fees, though you're more likely to receive a sentence of probation with DWI conditions and court fees. If you go to trial and win at trial of course the charge(s) would be dismissed. You should certainly contact an attorney for a consultation as soon as possible.
I am a criminal defense attorney practicing in NYC and on Long Island. Please contact me directly for a private consultation as this answer is only for informational purposes and is not meant as legal advice.
As to sentences and impact on your license, I have links to the penalties under "links" on my website. As to what is the best thing to do in your situation, the other attorneys have done a great job in discussing it already.
DUI DUI defense Admissibility of standardized field sobriety tests DUI as a criminal offense Testing blood alcohol level DUI penalties Field sobriety test for DUI DUI plea bargain DUI trial DUI sentence DUI charges DUI arrest DUI and driver's license penalties DUI probation Ignition interlock device Victim impact panels and DUI probation DUI and criminal records DUI and civil lawsuits DUI and employment consequences Driving under the influence of drugs Criminal defense Civil penalties for DUI Criminal charges Crimes against society Criminal charges for murder Defenses for criminal charges Criminal arrest Criminal court Admissible evidence in criminal cases Plea bargaining in criminal cases Criminal sentencing Criminal fines Criminal record Probation for criminal conviction Employment Violent crime Discrimination in the workplace Lawsuits and disputes DUI fines DUI accidents Discrimination
Sign up to receive a 3-part series of useful information and legal advice about DUIs.