Gloversville, NY asked in DUI / DWI for New York

Q: I was refused entry to attend a V.I.P for a DWAI due to intoxication. I am to be re sentenced, Will it be a DWI again?

I was supposed to attend a VIP as part of my conditions for my DWAI. I was refused entry due to suspected intoxication, and on my way out flipped the bird to the cop. A few days later I received a letter for re-sentencing. My original charges were a DWI and a refusal. which i plead down to a DWAI. Can they revoke the DWAI and give me a DWI? or just add more conditions to the current plea. mainly, can they throw my plea deal away over this?

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1 Lawyer Answer
Michael Arbeit
Michael Arbeit
  • DUI & DWI Lawyer
  • Freeport, NY
  • Licensed in New York

A: If you were already sentenced on the DWAI, that can not be vacated by the court. You could however be sentenced up to 15 days in jail because of an alleged violation of your conditional discharge. What county is this case in? Consider hiring a lawyer to try and keep you out of jail.

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