Got pulled over, blew a .16(I know it’s high) I have hired a good attorney but I heard the DA office is very strict with DWI cases over where the defendant blows over a .12, the top goal for me is to get the violation and I know it’s going to be tough and that they won’t let me plea down to it without interim probation at least I just want to know how likely that is
Your current attorney who is fully familiar with all the facts of your case and has presumably had active plea discussions with the prosecutor is the best person to ask. If they can’t tell you, then you can’t expect the opinions of lawyers who don’t know the details of your case to have much weight.
I am a former Brooklyn Criminal Court Deputy Bureau Chief with over 22 years experience specializing in handling criminal cases. All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. Also, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication.
You are correct that Suffolk is tough on DWI defendants (although nowhere near as tough as Nassau). A .16 is well outside of their guidelines to reduce the charge, even with interim probation, however it is not impossible. I've been able to get high BAC's reduced with interim probation and I know that many of my colleagues have been similarly successful, but it is extremely fact specific. The details of your arrest as well as your personal background will factor heavily in whether your attorney is able to get the charge reduced. Make sure you cooperate with your lawyer and provide him/her with any information asked for.
I am a former homicide prosecutor and have been an attorney for almost 20 years. I handle all criminal and traffic matters in Nassau and Suffolk County. Any comments here are not legal advice but are posted purely for educational purposes. There is no attorney-client relationship created by any of my comments.
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