You can face DWI (Driving While Intoxicated) charges in New York when you are caught operating a motor vehicle while under the influence of drugs or alcohol. This is a serious offense and one that can be accompanied by a variety of legal consequences. It is possible to get your DWI charges dismissed or reduced to a lesser offense depending on the details of the situation. Consult with a New City DWI defense attorney for more information on your legal rights and options.
You may be able to get your DWI charges dismissed depending on the specific circumstances of the offense and the legal counsel you have selected. A skilled lawyer will be able to examine the details of the situation and petition the court to challenge or suppress evidence.
You may be able to suppress evidence if it was gathered illegally like in an unlawful traffic stop, without probable cause, in a way that violated your constitutional rights, etc. There may also be a notable lack of sufficient evidence which means that there is not enough information for the case. In any of these scenarios, the judge may decide to dismiss the charges and allow you to walk away scot-free.
If your charges are not dismissed based on the evidence, or lack thereof, all hope is not lost. There is still potential for you to get your DWI charges reduced to a lesser offense. This can be done through the use of a plea deal.
A plea deal, also known as a plea bargain or plea agreement, is an agreement made between the prosecution and defense. If used, the prosecution will offer you a reduced sentence and charges in exchange for you pleading guilty. Common charges that your DWI can be reduced to in New York include DWAI and reckless driving.
DWAI (Driving While Ability Impaired) is the lesser version of a DWI and is the crime of driving a car with a BAC between .05 and .07 or while showing signs of impairment from drugs or alcohol. This offense can still result in jail time for up to 15 days, $500 in fines, and a 90-day license suspension, but it can be a good alternative to a regular DWI conviction.
Reckless driving, or wet reckless driving, is the misdemeanor crime of operating a motor vehicle with disregard for the safety and property of others. If your charges are reduced to a wet reckless offense, you can incur 5 points on your license, up to 30 days in jail, and $300 in fines.
A first-offense DWI conviction in New York can result in a 6-month license suspension, up to a year in jail, and $1,000 in fines. Although these reduced sentences may seem severe, they are significantly better than the charges associated with a DWI.
Reach out to an experienced attorney to learn more about how you can get your charges dismissed or reduced.
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