Saturday night to i pulled over to check tire pressure on the sprain Brook parkway. I proceeded to turn around and 2 state troopers began to approach me. One said it smelled of alcohol then I was ordered to blow in a breathalyser then begin the field sobriety tests. Following the tests I was detained and taken to a station in Hawthorne. After about 5-10 minute's after arriving at the station my Miranda rights were read to me and about 15 minutes after that I was ordered to blow into the breathalyser at the station. The machine did not read anything and had to reset for 20 minutes, so around the 5th or 6th attempt it finally calculated a .16 due to alcohol consumption earlier that day at dinner that concluded around 6:45pm followed by around 3 shots of Jameson around midnight.
Usually in Westchester you will be held as charged if you have a .16 BAC. You need an experienced DWI criminal defense attorney. While the outcome depends on many factors, one thing is sure, you cannot handle this on your own.
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That is twice the legal limit. It may be hard to get a plea bargain offer to the impaired.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
At a .16 reading, the da office won't be too eager to offer a deal. Ther factors that affect the case could make the DA more willing. Get an attorney ASAP.
That is outside the plea bargain guidelines for an Dwai (impaired violation) in any county. That's not to say that an attorney cannot get a plea to a reduced charge but it is definitely an uphill battle.
I am a former Brooklyn Criminal Court Deputy Bureau Chief with over 19 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.
I suggest you retain an experienced DWI attorney without delay because it is unlikely that you will be offered a reduction to DWAI given your BAC and the Westchester County District Attorney's DWI policy. See:
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