Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

Question: I am 58 years old and never even had a parking ticket. However in December I changed jobs which created a lapse in my health insurance. I thought I would be OK being off my meds for a few weeks .Bad decision...My moods became unstable and i was close if not in a manic state. Attended a wedding and drank alot of egg nog punch that I didn't even know was spiked. I had been awake for 3 days and had barely eaten. Ran a red light and clipped another vehicle.Airbag slammed my head into drivers window. Looked in rear veiw mirror but sae nothing in intersection. Presumed I had hit a deer . Proceeded down road to restaurant where I was meeting my friend{an ICU/RD nurse} Figured that if I had any type of head injury, she was the best person to be with. Ordered a Pepsi and our dinner. An officer came in & asked for my drivers license. When I saw the dammage to my vehicle I was shocked. He said I failed the sobriety test based on similar symptoms I have had when I have had mini-strokes { I was off my B/P meds too} Arrested me for DWI. Breathalizer indicated BAC of .13. I question the validity of that test too since I am on a very low carb diet to control my pre-diabetic state. Acetone is produced in lge. amts on a low carb diet and acetone is what the Breathalizer measures. So I was charged with DWI and leaving scene of accident{Thank God no one was hurt.} My court date is April 25. I take full responsibility for my actions. My lawyer thinks he can get me a conditional license to drive to work. I am most worried that I will not be allowed to go into Canada to visit my sister and her family. We have a family cottage in Canada also. My 83 year old father who has terminal cancer stays up there for the summer. I will be heartbroken if I cannot go to the cottage and visit my family. I live in Genesee County in NY and they are the toughest county on alcohol related events and I know Canada considers all alcohol convictions a felony. Is there any hope of me being allowed to visit my family at our cottage? Any advice?


Response: Yes, there is hope. You would be able to get a conditional driver's license. So, you would be able to travel to Canada. Also, the Genesee County has DWI Conditional Discharge Program where first time offenders with BAC levels below 0.18% would be given an opportunity to participate in a 12-month conditional discharge program. So, you should inquire about the program at the Courthouse. For more information on the program, click on the link below:


http://www.co.genesee.ny.us/departments/geneseejustice/dwi_conditional_discharge_program.html

Information on conditional driver’s license:

http://www.dmv.ny.gov/broch/c40.pdf