It is hard to say without knowing what the BAC is. If the BAC is between .05 and .079, the driver can be charged with driving while ability impaired, a violation. If the BAC is above that it is a DWI. You need to discuss the matter directly with an attorney to see about the specifics of your case.
It depends on the circumstances of the case. If you have no prior DWI related offenses, you may be able to get a reduction of the charge and no probation. You need to speak with an attorney about the specifics of your case in order for them to advise you about what could happen.
All DWI's will show up on a record, but there is a difference between the record you can pick up for a few bucks at the DMV or online, versus a "lifetime record" that DMV, and even many police departments, will look at.
Hire an attorney that knows how to handle DWI cases. Then discuss the details of the case with that attorney so he or she can advise you about the possibility of a reduction of the charge, or if it may be a good case to take to trial to try for an acquittal.
If you are convicted of PL 1192.4 and/or another subsection that involves drugs, if you were receiving student aid during the time of the crime or conviction, you will be prevented from getting federal student aid. You definitely need to hire a good defense attorney to handle the case, as your...Read more »
Theoretically, although if you are under 16 your attorney should argue that you should NOT be tried as an adult. Generally, we are able to get these sort of cases dismissed in contemplation of dismissal on a "Youthful Offender" (YO) status. This should be brought to the courts attention at the...Read more »
This was his first dwi in new york state.He damaged a sign and some plants. He had an unregistered semi automatic handgun. Is it possible he will just get probation and not jail? Do concurrent crimes affect weapons charges?
He was a security guard wanna be cop egged the sheriffs on heard him say put her in chains as I wasn't going fast enough for him he scared me! Afraid to bring him home because of my teenage son. I am charged with a DWA I for my OWN medication for ADHD! I heard there was a double jeopardy if you... Read more »
Did you sign a financial responsibility form when he applied for his permit? Are you paying his insurance for his car? Are you giving or buying him alcohol, or knowingly letting him drink and drive? More details are necessary to provide a professional analysis of your issue. The best first step is...Read more »
Multiple convictions can result in loss of your license. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/...Read more »
Depending on your work situation, your employer may be able to fire you for getting charged with a crime, and DWI is a crime. You need to fight your case to try to get the best possible disposition, so you don't have a criminal record.
You do not have to answer what you have been drinking. You do have to provide your name and identification if requested. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my...Read more »
Yes, it is very likely. A driver also faces a suspension at their arraignment, which is the first court appearance. This is called a pre-conviction suspension, and will apply if the BAC is .08% or higher. If there is a refusal, there will also be a suspension as well as a 1 year revocation as a...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.