“In New York is probation possible for a first time DUI conviction?”

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It is very important for you to speak with a lawyer who ought to conference this with the District Attorney, assuming that has not happened yet.

That being said, assuming there was no significant property damage and no one suffered serious personal injuries and this charge was the result of a traffic stop, the first question is whether the police officer had probable cause to stop you.  If you have an argument that police failed to establish probable cause, it is possible the charges may be reduced or even dismissed altogether.

However, if police did establish probable cause, then the next defense would involve challenging the field sobriety tests or breathalyzer tests. Many police attend seminars and learn how to make sure their charges stick in relation to this specific issue, so it is an uphill battle fighting charges on these grounds.

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If there are not many defenses available, depending on the county you live in, generally, a first time DWI in New York, with no prior offenses, will result in the driver accepting a DWAI plea offer. Unlike a DW, a DWAI is not a misdemeanor crime (punishable up to a year in local jail), but rather a violation. It is also possible that you could have an alcohol evaluation and even seek treatment, which could be very beneficial.

Keep in mind, there is a three month suspension for a DWAI, which may seem bad, but if you were convicted of a DUI, the suspension would run from 6 months to 1 year and you may even need an ignition interlock device even after the  time-period.

First step, figure out whether you are eligible for a DWAI plea. In the event that you are not, inquire into the reason why. Also remember, two DWI convictions within a ten year period is a felony and will likely result in jail time.

Clearly, criminal law is quite complicated. Please be advised, this is not legal advice. For a free consultation, contact a criminal attorney buffalo ny or criminal lawyer buffalo ny today.

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