Role of a DWI Attorney

Interviewer: If someone hires an attorney like you for a DUI, will you be able to try to get some costs reduced significantly?

Michael Kramer: There are mandatory court costs that you can’t reduce. Those I cannot influence. There are social costs, penalties that can cost you your freedom that I can mitigate. Again, it depends on the situation.

Jail& Alternatives

Interviewer: When does someone have to face a county jail sentence and how long will they have to be there?

Michael Kramer: With regard to jail time, anything up to a year would be county jail time. Anything over a year would be state jail time. Obviously, state prison is much more serious and the conditions much harsher. Jail is usually considered by the court if a person demonstrates they cannot respond to probation and treatment, or if it is a serious felony resulting in death or serious injury.

Alternatives to Serving Time in Jail

Interviewer: What alternatives are available for jail? Let’s say I’ve been arrested and I will have to face jail time. What are some other options available?

Michael Kramer: Well, you try to come up with any alternative. You can’t just agree to jail time. Jail time should be avoided at all costs. It has been my experience that it is really considered only when all else fails.

First, you would try to convince a judge that they can respond to probation. You also arrange an alcohol treatment program anywhere from a weekly intensive outpatient treatment inpatient treatment for a long term. Most people feel anything is better than jail time.

Generally, I come up with a comprehensive program tailored to the individual that is designed to convince the judge that this individual can be trusted to stay off the road and away from alcohol.

Usually after a third, fourth or fifth offense it becomes rather difficult, but all is not lost. Judges are often receptive to personalizing an individual and explaining individual hardship situations and although it might seem gloomy at the beginning when you’re first arrested, often times, with the right attorney, things work out much better than anticipated.

Interviewer: I hear about programs like the ankle monitoring bracelet program.

Michael Kramer: Ankle monitoring is a condition of probation, so you have to be on probation first so a judge would have to go for that alternative, and if the ankle monitoring would help convince a judge to go for probation that would be good. There are also ankle bracelets that you wear that detect alcohol usage, so that’s another safety valve to put forth as an alternative to a judge rather than jail time.

Interviewer: Do they still have like pay-to-stay program is also available?

Michael Kramer: Not in New York (that I’m aware of).