First Time DWI New York NY
Reader’s Question:
I know a friend who is a first time offender of DWI in Ney York, is there a big chance to fight a DWI case?
Denise
Albany, NY
That’s actually a frequent question I get Denise. I generally suggest that you fight a DWI case in New York, especially when there are certain apparent problems in the paperwork or chemical tests. When I say fight, it means that at least you go through the preliminary stages of fighting the case including a motion and a suppression hearing. Once that stage is over, you will have a much better idea at the chances of your trial, and your lawyer can almost always negotiate a good arrangement at that early stage.
However, there are certain consequences you have to face in fighting a DWI case. First of all, in the state of New York, the driver is usually suspended while there’s a pending case (if the BAC level is at 0.08 or above). Also, many drivers can’t drive until they get a conditional license until 30 days after their suspension starts, the 30 days don’t count against any later suspension. Second, the attorney fee for that process is substantially higher than making a deal.
Finally, many defendants feel guilty about their conduct (even when they’re actually innocent) and the fight can be somewhat traumatic especially since it’s a first time offense. However, the long-term consequence of having a DWI offense on your record is significant. In a sense this record never really goes away as it can affect your career, status in the military, and is particularly significant if you get charged with another DUI offense in the future.
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