People convicted of driving while intoxicated are considered criminals, to a small degree (not in every situation, however). In general, people that get pulled over for driving while intoxicated are entering into uncharted territory. These people are typically the ones that have no criminal records and are, by and large, law abiding, responsible and decent. In other words, they are not typical “criminals.” While they should have thought of the consequences of driving while intoxicated, hind sight is 20/20, and the fear is going to be very present.
Most people who find themselves accused of a crime for the first time are filled with anxiety and fear over the potential consequences. Of course, they are thinking the worst case situations and are exaggerating all of these fears, but they are real, and they are not alone. Being convicted of DUI offenses is a permanent mark on a person’s record, but can be lessened with the right New York DWI attorney.
New York, like many states, criminalizes driving while intoxicated as a misdemeanor offence. The consequences of such a punishment will vary depending on the severity of the situation, and whether or not other people were involved. The range of possible punishment starts with a fine and goes as high as one year in prison. Of course, most first offenders do not receive prison sentences for the average DWI case, though this is a real concern for repeat DWI offenders. Also, whether or not the person takes a breath or blood test could alter the outcome of their DWI case.
In a typical DWI case (and most misdemeanor criminal cases in general) people end up pleading guilty to avoid a long, costly and risky trial with a DWI attorney. This is not to say that all such cases end up in guilty pleas, but about 95% do. When a person is convicted, they should first consult with a DWI attorney to decide whether it makes rational sense to proceed with a trial. This decision must be based upon a reasoned evaluation of the evidence with the guidance of an experienced criminal defense lawyer who is well versed in the highly specialized area of DWI. Assuming there is no trial, there are certain common facts about a DWI case that should be known.
First, it is important to remember that there are two categories of DWI offences: driving while intoxicated and driving while impaired. There is a very important difference between these two classifications of DWI cases. Driving while intoxicated is a crime; it gives the person a criminal record. Driving while impaired by alcohol is not a crime, but is classified as a traffic infraction, similar to speeding. Technically, this category of offence does not give the person a criminal record.
The penalties for driving while impaired are less severe. While a conviction for driving while intoxicated requires a mandatory six month license revocation, impaired driving requires only a ninety day suspension of a driver’s license or privilege to drive in New York. A mandatory drinker/driver program is also part of any sentence.
