In New York State, a violation of Vehicle Traffic Law 192.3 is a Misdemeanor which potentially imposes a maximum term of year in jail along with three years on probation or a $1,000 fine. There will also be additional charges related to other surcharges and fees. There is no question that regardless of the outcome, indeed even if you are acquitted, a DWI is a very expensive ordeal. Unfortunately, the cost is not all you have to worry about.
In addition to the cost, you’re license will likely be impaired or completely revoked. Although there is a hardship exception, certain facts must be present in your case. It is certainly possible that you could be eligible for the exception. However, if you plead guilty to anything or are convicted after trial, your license will almost certainly be impaired for a number of years.
Even if you are eventually found not guilty, it is still possible that during the process the judge may suspend your license pending an outcome.
The ramifications to your license, as illustrated above, highlights the importance that you or your attorney take immediate steps to ensure a stay of any suspension. If your license is suspended, you should apply for a conditional license through the DMV
As far as jail time, whenever there is an accident, the DA will likely take a harder stance in plea bargaining. However, it does depend on where your case is being heard. Each county has different rules regarding the offers for DWI/DUI cases. Some counties in Upstate New York are very harsh while others are more reasonable. Another factor, with regards to what the DA will offer you, is what you blew on the initializer/breathalyzer
Given the serious consequences and the potential risks, it is very important that you obtain representation. There are also important time-limits and certain motions must be made or else they could be considered waived.
I wish you the best of luck.
For more questions, contact a Andrew Tabashneck esq today.