First or Second DWI Charge in New York

[makaveli3004]

My question involves criminal law for the state of: new York

Basically I was charged with a .15 dwi last night and speeding which I was not speeding how ever but aside ffom that I was charged with a dwi .09 in 2009 plead it to a dwai conviction. My question is what are the porbable charges or penalties I'll face as well as will they treat his as my first offense and will I be eliglble.for a conditional license also am I.looking at probation as well?

[flyingron]

If the DWAI wasn't for drugs, then I believe this still counts as the first:


A fine of between $500 and $1,000, up to 1 year in jail, or both;
A period of probation of 3 years;
Revocation of your driver's license for 6 months;
A surcharge of $185 ($190 if the case is in either a Town or a Village Court);
A driver responsibility assessment of $250 a year for 3 years; and
A requirement that you attend a Victim Impact Panel.
You may be eligible for the Drinking Driver Programand a conditional license.

[makaveli3004]

Well I got a letter in the mail stating I am not eligble for a conditional license. However the court system still has me classified as charged with an ( UNclassified Misdemeanor)...What do you think will happen.

[flyingron]

All the stuff I posted previously.

[makaveli3004]

Well the DA's initial plea was for 25 days jail 3 years probation. Do you think we will be able to work to lower this sentence? I am signing up for a out patient alcohol program and I am willing to do as much community service to avid jail time because ill lose my job after 25 days.

[Mr. Knowitall]

A judge is more apt to consider reducing jail time, often day-for-day, for inpatient substance abuse treatment. Individual experiences may vary.