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What are the odds of being offered reduced charges for a DUI?

New Hartford, NY |

No accident. Blew a .11 at the station. First offense. Clean criminal record. Clean driving record. Was very compliant with the officer. He told me upon dropping me off at my house after everything was done that it is likely that I would get a reduction since I blew under the .13 threshold for the county, and that he "sees it all the time." Still can't help but worry. I have hired an attorney as well.

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Attorney answers 7


You were wise to hire an attorney to represent you in the defense of these charges. You have not described the facts leading up to your arrest and do not inform us if you are being prosecuted under the zero tolerance law. Do not post this information as this is a public forum and you do not want anything said here to be used against you.

Your question really should be posed to your attorney, who presumably is aware of the plea bargaining policies of the District Attorney's office in the county where you are being prosecuted.

You have a relatively low BAC, and for a first time offender, where no accident took place with a cooperative attitude toward law enforcement, you have increased the chances for an offer to the reduced charges to be made. Again, only your attorney can fully advise you in this situation.

Good Luck
Good Luck

Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney.


Consult with the local criminal defense lawyer that you hired.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or


I believe there is a good chance you will be offered a driving while impaired. Your lawyer would be in a better position to gauge your chances. Good luck.

I have been a criminal attorney in New York for almost 25 years. website: Phone #: 718-208-6094 email: This answer is only for informational purposes and is not meant as legal advice.


It depends on what County the arrest was in.

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.


Assuming you were arrested in Oneida County, make sure your attorney is familiar with that DA's Office and the court you were charged in. There are many fine attorneys in the Utica area. I trust you have located one. Listen to his or her advice and ask him or her your questions.

Best of luck.

Christopher I. Simser, Sr.
Anelli Xavier
Syracuse - Albany - Rochester - Buffalo


"No accident" = irrelevant
"First offense" = irrelevant
"Clean criminal record" = irrelevant
"Was very compliant with the officer" = you should not have been. You should have kept your mouth shut, not answered questions, and asked for a lawyer.
"He told me..." = NEVER take legal advice from a cop. They are not lawyers. and, they arrested you.
"Blew a .11 at the station" = just confessed by virtue of your BAC
"Still cant help but worry" = you should worry; you are in a lot of trouble and have a lot to worry about.


As other postings indicate, in a situation like this, work with an attorney who "knows the lay of the land", who frequently represents clients charged with this kind of crime and whose cases are being prosecuted by the District Attorney's Office handling your case. Good luck.

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