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Will the D.A. lower my DWI charges to something non-criminal.

New York, NY |

I am being charged with an Underage DUI along with a refusal to blow following an accident I had in Manhattan. I understand that it is a policy of the DA to not plea bargain refusal cases to something non-criminal. I know it is not an excuse, but I am young (20 years old), currently in pharmacy school with good grades, and can prove outstanding moral character through my community service and church programs. Would the DA possibly take these factors into consideration and deter from that standard policy to offer me a non-criminal plea?

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Attorney answers 6


Although the DA's office may generally not bargain down a refusal case to a non-criminal offense like DWAI, one should never say never. The DA's main considerations would most likely be how bad the accident was, whether or not you were at fault for it, and how intoxicated you appeared to the police and on the video (if one was taken.) The factors you mention about yourself would certainly be considered as well. While no specific result can ever be guaranteed, it's definitely worth a shot to hire a lawyer and see what they can do.

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What County are you in? I've had success getting around no plea policies. It's not easy. .... you need a lawyer who will fight hard you.

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. Feel free to check out my web site and contact me. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


You need to hire a criminal defense lawyer ASAP to review the file and the facts with you.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..


You were drunk, underage, and caused an accident. Unless you beat the charges (and I mean dismissal) you can likely kiss your dream of becoming a pharmacist goodbye. Have your parents retain for you the best lawyer money can buy. Best of luck.


Consult with an experienced DWI lawyer to represent you.

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


The refusal hearing is with the DMV. That's not the DA. You need a lawyer for this one. It's a battle on 2 fronts - the in court with the DA and at the DMV refusal hearing.

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