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Can A DWI Be Reduced In New York? How To Get DWI Reduced In NY?

The simple answer to this question is yes, but there are a lot of factors that go into the question of whether a DWI can be reduced to the gold standard of VTL 1192.1 (Driving While Ability Impaired), which is a traffic violation and not a crime.

Clearly a first-time offender stands a much better chance of a possible reduction than a multiple offender of a DWI, and moreover, the charge can be elevated to a felony if there is a prior DWI conviction in the 10 years prior to receiving the current charge.

If there was any type of motor vehicle accident, particularly one that results in personal injury or a fatality, there will not be any reduction of the charge. Again, if there is a fatality, a felony charge may ensue depending upon the facts and circumstances.

The District Attorney for any particular county within the State may have their own internal policy for a cutoff for BAC level to determine whether the motorist may be entitled to a reduction from the original misdemeanor DWI to a felony. Remember that once it is established that a motorist operated a motor vehicle with a BAC of .18 or higher, the penalties are enhanced and the chances for a reduction are slim.

Other factors to determine whether a motorist will be entitled to a reduction is whether there was a chemical refusal to test the BAC level. Some District Attorney offices frown upon this refusal since when you are driving on public roads, you give your implied consent to have your BAC measured, and if you fail to do so by refusing the chemical test, the DMV takes action against your license in the form of a mandatory one (1) year minimum license revocation, and it is less likely that the DA will entertain a reduction to the misdemeanor DWI charge.

Finally, if there are any other aggravating circumstances pertaining to the DWI incident (in addition to a motor vehicle accident) such as excessive speeding, reckless driving, tailgating, or unsafe lane change, you can essentially negate the chances of getting a reduction to the violation of DWAI per VTL 1192.1.

If you need an experienced Long Island DWI attorney, please contact us at the Law Offices of Michael W. Alpert at (516) 280-7288 or e-mail: