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Will I Get Probation for a DUI/DWI in New York?

If you have recently been charged with driving while intoxicated (DWI) or another alcohol related driving offense in the State of New York you are likely concerned about the penalties you face if convicted of the charges filed against you. Specifically, you may want to know if you will receive probation for a DUI/DWI in New York. Because of the unique facts and circumstances that surround an alcohol related driving arrest it is always best to consult with an experienced New York criminal defense attorney for individualized advice; however, some general advice may be helpful as well.

In New York there are a variety of factors that typically go into determining the sentence you receive for a DWI or other alcohol related driving offense. The most common of those factors include:

  • Your blood alcohol content (BAC) level at the time of arrest
  • Previous convictions for a similar offense (or lack thereof)
  • Whether or not an accident occurred
  • The presence of absence of other aggravating circumstances

Assuming this is your first offense, you have no previous convictions, this offense has no aggravating factors, and no accident occurred you are facing a maximum sentence of one year in jail; however, it is rare for a defendant to be sentenced to jail time under these circumstances. Under these circumstances you would likely receive a probation only sentence if convicted. If the facts change though it may increase the odds of receiving a sentence that includes at least some time in jail.

The legal limit in New York is 0.08 percent BAC; however, if you have a BAC level that is exceptionally high (over 0.18 percent) you may be charged with aggravated DWI. While the maximum jail time remains the same for a first time aggravated DWI, a judge would be more likely to include some jail time because of the high BAC level.

If you have a previous conviction for DWI or a related offense, the maximum sentence increases to four years in jail for a second conviction and seven years for a third. At that point, it is unlikely that you would receive a probation only sentence given your history.

If you caused an accident that injured someone or had a minor in the vehicle at the time of your arrest a judge will also be less inclined to sentence you to probation only because of the harm, or risk of harm, present at the time of the arrest.

If you have been charged with DWI/DUI or any other alcohol related driving offense in New York, consult with the experienced attorneys at Simon & Gilman, LLP.

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