This depends on what County you were arrested in, what you mean by "getting off" and that you got on your prior DWI because it will show up on your criminal history. Some DA's refuse to offer any plea if the defendant refuses the breath test, especially if they have been arrested for a DWI before. Whether the DA seeks jail will depend on your prior criminal history, the officer's observations of you, and the local DA's policy. If you got an impaired nine years ago and you do did not look too bad to the officer there is a chance you could get an impaired again or the misdemeanor without jail. The best thing to do is consult with an attorney who handles DWI cases in the County you got arrested it. If it was downstate, feel free to contact me as I handle lots of DWI cases and I am a former prosecutor.
Your chances of successfully defending your case can be increased by hiring an experienced DWI attorney. In your area, I would consider speaking with Ed Fiandach @ Fiandach & Fiandach. Their toll free number is 1-800-592-6006. His website is: http://www.nydwi.com/.
George P. Conway
THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.
That is a question that cannot (and really should not) be answered in this type of forum. While there may be a few particulars that are fairly consistent in most cases, each DWI case is truly different and requires the attention of a qualified DWI attorney, particularly if you have a prior conviction, and ESPECIALLY if you have a prior conviction within the previous 10 years.
A refusal can help or hinder your situation. All a refusal guarantees is that you cannot be charged with a violation of 1192(2).
I second the suggestion that you contact Mr. Fiandach. He is a leader in DWI practice, and since he's in your area, you should absolutely consider at least consulting with him.