You don't recall if it was two beers at the bar with friends from the neighborhood, a glass or two of wine at dinner, or one too many shots at the party you just left. Regardless of how much or what you had to drink, the police just pulled you over, arrested and charged you with Driving While Intoxicated (DWI). Unfortunately, when the officer asked you how much you were drinking you told him that you had only "one or two" or a "couple" of drinks. Unwittingly, you just made a confession.

If you find yourself in this or a similar situation and charged with DWI you should expect that the local District Attorney's Office will take this matter very seriously. While an experienced criminal defense attorney may be able to "beat" the case or negotiate a plea to a non criminal traffic violation, sometimes prosecutors make these dispositions hard to come by. As a criminal defense attorney and a former prosecutor in the Manhattan District Attorney's Office, Jeremy Saland has handled a significant and substantial amount of DWI cases from both sides of the law and has real experience analyzing the factors and evidence in these matters.

Some of the factors considered by prosecutors are the level of the blood alcohol content (BAC), whether there was an accident or injury, or whether there were any minors in the vehicle. Although the legal limit for BAC is .08, prosecutors can still charge you with DWI if your BAC is less (or non-existent because your refused a sample) based on evidence from the police that you appeared drunk. Moreover, if you have a BAC of .18 or more, the punishment and plea restrictions are generally much more significant.

CONSEQUENCES OF DWI

• If BAC over .08 your license will be suspended for thirty days
• Up to one year in jail
• $500-$1000 fine
• Six month revocation of drivers license or at least one year if driver under 21
• If BAC is .18 or greater the fine is $1000-$2500 and revocation is one year
• If the charge is a felony DWI (2nd DWI in 10 years) the fine is $1000-$5000 and up to four years in state prison

The above list is not an exclusive list of consequences. In addition to the stigma and potential ramifications on your career, you may be ordered by a judge to complete community service and an alcohol or drunk driving program.

HARDSHIP HEARING

Under certain circumstances, you may be able to get a Hardship Hearing. Although your license was surrendered at the arraignment along with your ability to drive for the next thirty days, the Hardship Hearing, if granted, will give you the opportunity to explain to the court the immense problems and issues you will face without your license. If granted, and it is not granted merely upon a request, you will be able to drive to and from work and specifically in a manner that the court endorses or allows.

Whatever the outcome, after the thirty days of initial suspension, you can apply at your local DMV for a conditional license. This will be your license until the resolution of your case. If you have a prior alcohol violation in the previous five years you are not eligible for a hardship license or for a conditional license.

REFUSAL HEARING

If you refuse to submit to a test to determine your BAC, your license will automatically be revoked for a year after your are arraigned before a judge. Within a short period of time, about two weeks, you will have the opportunity to go before an Administrative Law Judge at the DMV. Not a criminal proceeding, this is a separate case where the judge determines if there was "clear and convincing" evidence of the events of your refusal. You can be convicted merely on the officer's paperwork. If the judge does convict you your license will be revoked for one year. If he does not, your privilege to drive in NY will be restored.

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