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legalgems, Lawyer
Category: Legal
Satisfied Customers: 21290
Experience:  Just Answer consultant at Self employed
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I would like to speak with DWI attorney. I was sentenced to

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I would like to speak with DWI attorney. I was sentenced to 1 year conditional discharge almost a year ago. about a month ago ( after a night of drinking) I attempted to start my car ( blowing into the interlock and it failed). I had my wife blow into it, because I truly believed something was wrong with it. She passed and we drove home. what am I facing?
JA: What were you convicted of exactly? Have all your appeals been exhausted?
Customer: DWI
JA: In what state did the DWI occur?
Customer: NY
JA: Anything else you want the lawyer to know before I connect you?
Customer: no

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

I am sorry to hear this;

So to be clear the state is pursuing fraud charges for the violation?

Customer: replied 1 month ago.
No. there has actually been nothing. I am on conditional discharge.. I am supposed to get the interlock out next week ( conditional discharge will end on the 12th) but I am afraid that probation will see my failed reading and violate me
and see that my wife blew into the interlock
Customer: replied 1 month ago.
I am just trying to figure out what my likely punishment would be
Customer: replied 1 month ago.
would I be put on probation?

A few minutes please.

Unfortunately if a conditional discharge (basically unsupervised probation) is violated the original terms of the sentence can be imposed.

I cannot find any penal code that addresses the second issue; as such when there is no additional penalty then it is deemed a violation of the conditional discharge and the original sentencing can be applied.

Some interlock devices do have cameras to verify who utilized the device.
I am sorry you are having to deal with this.

Customer: replied 1 month ago.
would I be looking at jail time? or probation?
Customer: replied 1 month ago.
I know you say " can be applied" but what do you think is the most likely ?
Customer: replied 1 month ago.
I just feel so upset. I have done nothing wrong all year.

Generally they impose the original sentence and for a DWI that is typically jail time.

It is generally dependent upon the discretion of the presiding court officer so it would be remiss to try and determine what that party would do.

They may look at mitigating circumstances as well-I would suggest you hire an attorney to present any evidence in the light most favorable to your case should the matter escalate.

legalgems and 9 other Legal Specialists are ready to help you
Customer: replied 1 month ago.
ok. I just assumed that they would give me probation and not jail time