DWI – I was parked but the engine was on

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DWI – I was parked but the engine was on

I was parked on the side of the road while waiting for a friend in front of a active driveway. The officers shined their touchlight in my eyes and stated that my eyes were red. They then took me in and my breathalyzer score at the precinct was .14. I explained to them that I only had 2 drinks but that I was on a medication called Accutane Isotretinoin for Acne. That could have be affecting my alcohol tolerance due to the dehydration it inflicts on the body. I did pass the sobriety test at the precinct. I know I messed up but it was July 4th. In addition this is my first offence, my driving record and criminal record is clean. Considering the facts stated, I should be able to get a great plea bargain and I would really like to beat this case down to a traffic or moving violation if possible happened to a friend before. To continue to maintain my clean record.

Asked on July 16, 2019 under Criminal Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

They almost never pleas bargin DUIs other than to agree, if you plead to it, to give you the minimium sentence (minimum allowed fines, suspension, etc.)--even when someone has an otherwise good record. You were well over the limit, and your acne medicine does NOT affect that: it may affect how much the alcohol effects you, but it does NOT alter your blood chemistry to make a below-the-limit amount of alcohol read as above the limit...and if you were above the limit, you were DUI. If you blew a 0.14, it is unlikely you can successfully fight this; trying to plead for the minimum is likely your best outcome.


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