DWI and the Non-Negotition Policy of Albany County
The penalties for being convicted of DWI are constantly changing in the State of New York, and they are getting more and more serious every year. In addition to the increase in penalties, the New York State DMV has instituted recent regulations that make the likelihood of getting your license back after multiple DWI convictions over a period of 25 years, almost impossible.
Where Were You Charged with a DWI in NY?
If you have been charged with a DWI in New York’s Capital District, one of the first questions that will be important is which county you have been charged in. If you have been charged with a DWI in Albany County, you may fall victim to the District Attorney’s non-negotiation policy. That policy, somewhat unique to Albany County, provides that if you have been charged with a DWI and an alleged BAC of .15 or above – or if you refused to take a breathalyzer test – you must either plead guilty to DWI or take your case to trial.
Charged with a DUI in Albany County?
If you find yourself charged with a DWI in Albany County, you are forced to make a very tough decision. A plea of guilty to a DWI carries very harsh penalties; least of all, it results in a permanent criminal record. In addition, you will be exposed to the following:
• DMV assessment fees
• DDP classes (New York Drinking Driver Program)
• Victim Impact Panel
• Revocation of your driver’s license
• Requirement that you either sell all of the motor vehicles in your name or install interlock devices in each of your cars for a period of one year.
Taking Your DWI Case To Trial
When faced with such circumstances, taking your case to trial becomes a reality and consultation with an experienced DWI attorney is mandatory. Until this policy changes, being charged with DWI in Albany County requires immediate assistance. And, contrary to conventional wisdom, DWI cases can be won. These are exceedingly technical cases that must be reviewed by an attorney with substantial experience in these matters where challenges to the breath test, the motor vehicle stop, probable cause to arrest and proving intoxication must be zealously challenged.