Legal Question in DUI Law in New York

I got a DWI in October and on monday I pled guilty. It was my first offense but because I blew a .18, it is a felony. The judge told me I will probably receive 3 years probation, but I still have one more court date in march. I went to the probation office and filled out some forms and they said I will get a call in a few weeks. I think I would rather go to jail for the ten days and get it over with. Is this a possibility? Do I have the right to make this sort of decision? Also, do you think this is a terrible idea? What is jail like for a female with her first arrest?

Asked on 1/15/13, 8:24 pm

1 Answer from Attorneys

Richard Sweeney Richard F. Sweeney, Esq.
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First of all, just blowing a .18 is not a felony. You really should have had an attorney with you. The attorney would have negotiated with the ADA and even the judge so that you know what the sentence would be. From the other factors you mentioned, I believe you pled guilty to a misdemeanor. If you pled guilty to 1192.2 or .3, you will have to deal with an interlock Ignition device. That means you will have to pay to have the machine installed in your car and you must blow into it every time you start the car. If the machine detects alcohol, the car will not start. If you ask someone else to blow into the machine, it is a crime for you and the other person. It is possible for you to do an alternate sentence like time in jail instead of probation, but then again, you might get a conditional discharge. I can't tell you what it would be like to be a female in jail (nor a male for that matter) because I have only visited and not stayed overnight. Many of my clients would rather do some time than 3 years of probation. However, why do you think it would only be 10 days? The sentencing decision is entirely up to the judge.

There is also a 6 month license revocation for a finding of guilt in an 1192.2 and .3 matter. There is also a fine and surcharge. The amount depends on what you pled guilty to. If it was DWI, and not Aggravated DWI, the minimum is $895; if it was Aggravated DWI, the minimum is over $1,000.

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Answered on 1/16/13, 4:39 pm

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