Should You Just Plead Guilty to a DWI Charge In New York? What Are the Consequences?

Interviewer: Do you have clients that say, I can’t take it anymore, I just want to get this over with and plead guilty? And if they do say that, what are the pros and cons of pleading guilty?

Michael: It depends on whether you have a good defense and like to gamble. Frankly, most motorists who have a high BAC number and other circumstances indicating the consumption of alcohol, choose not to contest their case. They do not feel it is worth the risk of a harsher sentence if convicted after trial, and do not want to undertake the added expense.

Does the Result of the Breathalyzer Affect the Outcome of a DWI Case in New York State?

What’s happening in New York is that the breathalyzer result is completely controlling the case. Depending upon your breath test result, the District Attorney sets a policy. For example, in Westchester County if the breath test result is .14% (used to be .16%) or more, in almost all cases a motorist will not be offered a reduced charge. This unfortunately is true even if it is a first offense and even if it will destroy their livelihood. Such a hard and fast policy is unfair on so many levels.

Proof of a High Blood Alcohol Level Can Result in an Aggravated DWI Charge in New York

In New York, we now have an aggravated DWI statute which says if your breath test result is .18% blood alcohol or more, You will be charged with this more severe form of DWI which involves harsher penalities upon conviction.

Is it Possible for the Judge to Reduce the Level of Your Offense?

NO, not by means of a plea bargain. Whether a DWI charge is reduced prior to trial rests solely in the discretion of the district attorney’s office.

Can You Dispute the Accuracy of the Breathalyzer Machine?

Always but it usually involves hiring your own expert and participating in a trial. Here is a typical situation: let us say the district attorney even refuses to reduce an aggravated DWI to a simple DWI as a plea bargain. You as a motorist can counter with, I think the breathalyzer test was wrong and point out the reasons why. Usually the prosecutor will not even listen and respond by saying, “If you think it is wrong go to trial”.

Now you have to make the decision whether it is worth it to go to trial not to achieve a possible not guilty verdict but only to demonstrate that the BAC level was less than .18%. Many motorists usually feel it is not worth going to trial for this reason alone.