Probation again? I assume that means you were convicted of the misdemeanor the first time. If that was within the past 10 years your new case is a felony and you could be looking at jail. I suggest you hire a good criminal defense lawyer.
I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.
No one can guess whether you will get jail. It depends on the prior, how old it is, and the facts of the new case. Tasc may be an option. Hire a good attorney.
Your license may be revoked for at least 6 months to a year depending on the final outcome.
Joseph A. Lo Piccolo, Esq.
Past President, Criminal Courts Bar Association
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
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.
As my colleagues suggest, more information is needed. It is information you should be giving to an attorney, so retain one as quickly as you can!
The likelihood of jail, and the amount of time you will lose your license, depend on what your overall criminal record is, what your drinking and driving record is, and when your most recent DWI conviction was. I will hazard a guess you will lose your license for at least one year.
Christopher I. Simser, Sr.
Syracuse - Albany - Rochester - Buffalo
In addition, despite your completing the revocation period, you might not be able to have your license restored for years, depending upon the rest of your driving history. You can go to my website and drill down to the subject under Legal Guides.
If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.
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