Most Rochester area drivers are familiar with the idea that when you are stopped for committing a traffic violation – such as speeding – you often can plead guilty to a lesser offense or even a parking ticket.
While plea bargaining is possible in some DWI cases, New York State has specific rules limiting the discretion of the prosecutor and the court to allow a plea that does not involve an alcohol-related offense.
For drivers charged with Driving While Intoxicated, Driving with a Blood Alcohol Content of .08% or Greater, Driving While Ability Impaired by Drugs, or Driving While Ability Impaired by a Combination of Alcohol and Drugs, the law requires that if entering a guilty plea, the driver plead guilty to an alcohol or drug related driving offense.
As a result, the lowest plea normally available will be to Driving While Ability Impaired by Alcohol.
For drivers charged with Aggravated Driving While Intoxicated – which may be charged for either having a blood alcohol content of .18% or greater or for having a passenger who is fifteen years of age or less in the vehicle – the law limits the potential available reduced plea to a violation of Driving While Intoxicated or Driving with a Blood Alcohol Content of .08% or Greater.
These limitations may only be overcome if the district attorney determines that the original charge is not supported by the evidence and the court sets forth on the record why a plea outside of these limitations is being authorized.
In addition to these requirements, many district attorney offices in New York State have their own guidelines regarding plea bargaining in DWI cases, such as not allowing a plea to a reduced charge if the driver has a high breath test score or is a repeat offender.
If you have been arrested for drunk driving, we can help you.
Call us at 585-484-7432.