One strategy used by people charged with driving while intoxicated is to negotiate a plea deal for a lower charge. However, this can be difficult in the state of New York, where the ability of the prosecution to do this is limited by law. Therefore, criminal defense attorneys in Martinsburg WV are essential for helping people charged with DWI, since they know all the complicating factors that prevent certain types of plea bargains while allowing others. For any types of DWI charges, contact us at the Sherman Law Firm for assistance.
In New York state, driving with a blood alcohol content (BAC) of .08 percent or higher is considered a DWI offense. The least serious related charge is called driving while ability impaired, or DWAI. An example would be someone who had a glass or two of beer and had a BAC lower than .08, but was still considered by a police officer to be impaired by alcohol. The individual might have been drowsy after being up too long, for instance, and drinking alcohol worsened the situation. If he or she showed indication of poor judgment or erratic behavior behind the wheel, the officer could legally pull this person over.
This type of circumstance is the most likely case in which Criminal Defense Attorneys in Martinsburg WV can convince the prosecution to reduce the charge. The charge might be reduced to reckless driving, for example. The client would be required to plead guilty, but that would come with much less severe consequences than any type of DWI conviction.
If the BAC is determined to be .18 percent or higher, the charge is elevated to aggravated DWI, which has harsher penalties. Driving with that level of intoxication is viewed as being a significantly greater risk factor for an accident, along with the possibility of seriously injuring someone or causing serious property damage. In some cases, a lawyer can convince the prosecution to lower the charge to a standard DWI. This is still a serious matter, but not nearly as bad as the conviction of aggravated DWI would be. Even a first-time offense of aggravated DWI can lead to a year in jail, depending on what a judge decides.
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