Can I get a DWI while not in the car? 4 Answers as of March 21, 2011

I got a DWI because I tapped a car and they called cops. The cops came into the place where I was and arrested me because I wrote in accident report I drank hours before and hit their car. I blew a .09. What charges will I likely face?

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Law Offices of John Carney
Law Offices of John Carney | John Carney
It was not a good idea to prepare a report with out an attorney. The police could not have arrested you and the DA could not have convicted you unless they had witnesses or you confessed. Retain an attorney to investigate your case and properly advise you since I would need to know much more about the circumstances before I could advise you on how to proceed or what the sentence might be. It is likely that you will get an Impaired, lose your license for 90 days, pay a $350 fine, take a driving course and have a conviction for Driving While Impaired. You insurance may rise dramatically due to the conviction and the accident unless they do not have to pay for the damages. You should never do anything without talking to an attorney when you get into any type of trouble, are arrested, get into an accident, or are unsure how to handle any problem. Most people are either too cheap or too unsophisticated to call an attorney and they pay dearly for that poor decision making in most cases. Only an attorney can properly advise you on what to say, if anything to the police, your employer, the insurance company, or to someone who is about to sue you or has served you with a subpoena to appear in court.
Answer Applies to: New York
Replied: 3/21/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
Did you know a .09 is .01 over .08, which means you were DWI? That's right! Whether you were actually seen driving or not, they have other witnesses to you driving and they can call them to trial if need be. You will face DWI charges. Hire an attorney right away and defend yourself. Good luck.
Answer Applies to: New York
Replied: 3/17/2011
Raiser & Kenniff, PC
Raiser & Kenniff, PC | Steve Raiser
They can charge you based on your admission and any corroborating evidence. Likely will charge you will DWI. If its your first offense you will likely receive a non-criminal disposition (Driving While Ability Impaired - a violation not a crime).
Answer Applies to: New York
Replied: 3/17/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
If by tapping a car you mean you were driving the car and you vehicle tapped the other and if you had been drinking then yes you can be charged with driving while intoxicated.If you do get charged, you should hire an attorney.
Answer Applies to: New York
Replied: 3/17/2011
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