Legal Question in DUI Law in New York

From DWI to DWAI possible?

In 0nadoga county (liverpool), I was arrested due to DWI blew a 0.1 BAC (0.08 of 1% more - I got ticket like that ) in a formal breathalyzer test. I am little confused whether this is a high amount or ok.

I made this big mistake, and I will accept consequences, my concern is avoiding a criminal record, as I am now charged with a misdemeanor DWI (criminal charge), and I am unsure how this will haunt my 'record' for the rest of my life (does anyone have insight into that?). Thus, I've pled not guilty. I will take any amount of penalties(other than jail sentence) if I can avoid the criminal conviction.

I have no prior arrests or problems I am trying to determine my options and chances.

I can try to plea to a driving while impaired violation. I do not know if it is highly possible? Could you please let me know?. Does NYC have a type of expungement option?

I am interested to hear professional opinions, as well as the experiences of those readers who have been in a similar situation themselves.


Asked on 8/29/07, 10:15 pm

2 Answers from Attorneys

Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: From DWI to DWAI possible?

If this is your first offense and you have a clean record....a reduction is possible.

You really should hire an attorney. You do not want a DWI misdemeanor on your record because...should you get another DWI w/i 10 yrs...you will be charged with an E-felony! 10 yrs is a long way to go.

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Answered on 8/31/07, 10:21 pm


Christopher Hoyt The Law Offices of Christopher W. Hoyt

Re: From DWI to DWAI possible?

The legal limit in New York is .08. If you blew a .10 then you are over the legal limit and can be charged with a class A misdemeanor punishable by up to a year in jail. I highly recommend you retain a qualified criminal defense attorney in your area to go over the facts of the case with you. An attorney that deals with that particular prosecutor's office often will know what policies if any they have in place and will review with you any aggravating factors that may raise the offer being made to you.

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Answered on 8/30/07, 1:02 pm

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