Legal Question in DUI Law in New York

1st Time Offense - What To Expect

I was arrested for a dui . The BAC registered a .162 (yes, high #). I have no prior charges ; clean record - not so much as a speeding or parking ticket. I wasn't underage (it was my 24th birthday). Arresting officer also said I ran 1 or 2 stop signs. I have court this week (am retaining a lawyer & hoping to get things lowered), have a suspended license, but am waiting to hear if I can get a conditional license. Realistically, what am I looking at in terms of possible fines, suspensions, etc?


Asked on 10/21/06, 7:23 pm

2 Answers from Attorneys

Jason Stern Law Offices of Jason Stern

Re: 1st Time Offense - What To Expect

Your questions should be directed towards your attorney, as you stated that you are in the process of retaining one. If you still need representation, you can contact my office via email.

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Answered on 10/22/06, 10:45 am
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: 1st Time Offense - What To Expect

I've handled many of these types of cases and there is a great deal that depends on what county you were arrested and charged in, the potentiality for a better disposition is sometimes dependant on this. However, that being said, most DA's offices are extremely strict on these types of cases.

The DUI is covered under PL 1192 - which has 3 sub categories 1, 2, and 3 - sub one being a violation and not a crime, which would leave you with no criminal record if you are able to secure such an offer. The other two are both misdemeanors and will leave you with a criminal record.

Usually, on a first offense there is virtually ni chance of jail time if there has been no injury to another individual... However probation, 6 months or more license suspension, and fines are all possible... Furthermore, even if your license is suspended you can generally get a hardship license from DMV after just a few weeks, to be used to drive back and forth to work and other necessary locations...

feel free to contact me regarding this or any other case. 2127098303

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Answered on 10/26/06, 1:07 pm


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