kasper13 Posted June 14, 2006 Posted June 14, 2006 In New York State, anything over a .20 on the breathalyzer and/or the 2nd (or more) time you are busted for driving drunk, it's an automatic felony and the right to a trial by jury. However, most times if there was no accident/injuries and it's the first time someone is busted it is reduced to just a regular DWI or a DUI even.
smokinandjokin Posted June 14, 2006 Posted June 14, 2006 In New York State, anything over a .20 on the breathalyzer and/or the 2nd (or more) time you are busted for driving drunk, it's an automatic felony and the right to a trial by jury. 708181[/snapback] Not true, at least in the City of Buffalo courts. First time offense is still a misdemeanor, no matter the breathalyzer results. Your BAC comes into play when trying to plea. If it is your first offense, you have no criminal record, and you did not damage any autos or property, and your BAC was .13 or below, the prosecution will offer a plea down to Driving while Ability Impaired (DWAI) which is a traffic infraction similar to a speeding ticket, not a misdemeanor like DWI. If your BAC is .14 or above, no plea is offered, and you will be arraigned for a non-jury trial where your penalty all depends on the mood of the judge. That's where your .20+ BAC looks bad. However, most times if there was no accident/injuries and it's the first time someone is busted it is reduced to just a regular DWI or a DUI even. 708181[/snapback] Yes, true, if you were respectful to the arresting officers and the judge views you as a good citizen who made a one-time mistake. Judges have to be careful because it's on their shoulders if they set someone loose to drive and he ends up driving drunk again and injuring somebody.
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