As a New York City defense attorney I handle a lot of DUIs, DWIs, and DWAIs. There seems to be a false impression that the state of New York doesn’t treat drunk driving like a crime, that things are the way they were twenty or thirty years ago. This is just not the case. Depending upon which county you are in you could very well see jail time on your first drunk driving offense. Most prosecutors will begin by offering even the first time offenders 60 days in jail, 3 years probation, a $2500 fine, and community service or task programs. That should tell you how seriously the state of New York views drunk driving. Most New York City criminal attorneys will attempt to bargain this sentence down so that the client is not facing jail time, but many counties make this quite difficult based on the statistical associations of BAC (blood alcohol content) and risk to life or property.
If you have been charged with a DUIs, DWIs, or a DWAIs offense you absolutely need the right legal counsel to handle your case or you will be looking at jail time and a criminal record that could potentially impede your ability to obtain employment in the future. Unlike some New York criminal attorneys I’m not going to lie to you and tell you that this is a cake walk. It is not. In many other types of criminal cases the eyewitnesses can be dismissed or their testimony mitigated. In the case of DUI, DWI, or DWAI the eyewitness is a police officer, and he will have concrete results from a physical test. There will be no doubt in the judge’s mind that you were, in fact, inebriated or impaired. Not a lot of wiggle room in these types of cases for that reason.
Negotiating with the prosecution is a very nuanced interpersonal dialog that requires a New York criminal lawyer with some skill–especially in those cases where Leandra’s Law is in effect and a minor child was involved. I have been very successful with negotiating with the prosecution in such a way as to avoid jail time for my clients. Others…less so. They key is in how you embrace the public concerns and prove that a client is a “safe bet”.
If you’ve been charged with a drunk driving offense then you require a New York City criminal attorney with the necessary skills to keep you out of jail and get you that second chance all people deserve.
