When a driver is charged with driving while intoxicated (DWI), he or she may implement any of several defenses in the impending lawsuit. Under an attorney’s guidance, one such tactic that may be used is asking for a plea bargain, a quid pro quo agreement in which the driver will plead guilty to a charge in return for a lighter sentence, dismissal of other charges, or another palliative adjustment to the case. However, plea bargains are not accepted in all courts, and in the video below, criminal defense attorney Daniel J. Chiacchia describes the circumstances under which plea bargaining a DWI in New York may be possible.
Plea Bargaining a DWI in New York
Whether an individual can plea-bargain a DWI charge depends on the policies of the local District Attorney’s office. Some offices’ policies state that a plea bargain cannot be offered if the driver had a blood alcohol content (BAC) above 0.13%, but other offices utilize different criteria. In the case of an accident or another aggravating circumstance, such as taking a swing at a police officer or being grossly uncooperative, they may not offer you a plea bargain.
If your blood alcohol content is less than the required level, and absent any aggravating circumstances, you could get your charge plea bargained down to something like driving while ability impaired. Pleas are sometimes offered on aggravated DWIs, such as one in which your blood alcohol content is 0.18% or above. They may offer to allow you to plead to a lesser, regular DWI. Again, that decision is based on your case’s specific facts and circumstances, such as whether there was an accident, how high your test results are, and things of that nature.
If you have questions about plea bargaining a DWI in New York, contact our dedicated Buffalo DWI Lawyers for guidance.
At Chiacchia & Fleming, LLP, our mission is to provide clients with the finest quality legal services, in an aggressive, practical and cost-effective manner.