QUESTION
What are the punishments for second DUI but only blew a 06?
Asked on Aug 18th, 2012 on DUI/DWI - New York
More details to this question:
He was 19 when charged with first dwi. He went through everything... suspended license and probation and all.He is now almost 25 and blew a .06 after being arrested at a drunk driving check point. The arraignment said he was being charged with a dwi, not a dwai.... his license was not suspended yet but he has court in a month. Is it possible for him to avoid jail and get a conditional license? His parents are deceased and he lives on his own, has 2 jobs and goes to school part time.
3 ANSWERS
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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He should fight it.
Answered on Jun 13th, 2013 at 2:52 AM
Theodore W. Robinson
He was charged with a DWI erroneously because the breath test reading was .06 which is clearly an Impaired or DWAI rather than a DWI which requires a .08 or more blood alcohol. However, the Police Officer can also charge him under the common law charge of DWI - without a breath reading - if s/he chooses to do so, but there is certainly a presumption under the law that because he blew under a .08 he was not intoxicated, but impaired. I believe that if you hire a good lawyer, this charge will not only come down to an Impaired, but perhaps even lower. As far as punishment, if he is eventually convicted of a DWI, he stands to serve some time in jail, probably a week or so, unless you can prove he was actually Impaired, which I believe the low reading does for him. Nonetheless, since he is still young, I suggest that he completely refrain from imbibing any alcohol and driving. It's just safer for him. Good luck.
Answered on Aug 27th, 2012 at 9:47 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Your son is an alcoholic and the criminal punishment is the least of his problems he needs treatment for his alcoholism ASAP. Best of luck.
Answered on Aug 27th, 2012 at 9:47 AM