Rockland DUI Attorney Secures Probation in High Bac DWI Case

The incident followed a high school reunion dinner where the client reunited with longtime friends for the first time in many years. 

Although the client rarely consumed alcohol due to prior medical treatment, the social setting led to uncharacteristic overconsumption late into the evening. 

When the gathering concluded in the early morning hours, the client attempted to arrange alternative transportation but encountered difficulty securing a ride due to the time.

Believing the roads would be empty at that hour, the client made the ill advised decision to drive home. 

Shortly thereafter, law enforcement officers conducting a lawful sobriety checkpoint stopped the vehicle. 

Field observations led to arrest, and a subsequent breath test administered pursuant to VTL § 1194 indicated a high BAC, triggering enhanced sentencing considerations under New York law.

Although this was not a felony level offense, the elevated BAC significantly increased the risk of jail. 

Courts in Rockland County frequently view high BAC cases as presenting heightened public safety concerns, particularly when chemical evidence is uncontested. 

Without early legal intervention, custodial sentencing was a realistic possibility.

The defense highlighted that the client accepted full responsibility for the offense at the earliest stage. 

Prior to court appearances, the client voluntarily enrolled in alcohol education and treatment programming consistent with the goals of VTL § 1196. 

Certificates of completion, reflective essays, and ongoing counseling records were submitted to demonstrate genuine rehabilitation efforts rather than superficial compliance.

Additional mitigation focused on the client’s role as the primary financial provider for the household and caretaker for an elderly parent with ongoing medical needs.

Supporting documentation, including employment records and family affidavits, established that incarceration would impose disproportionate hardship on innocent dependents. 

The defense further emphasized that no accident, injury, or property damage resulted from the incident.

Pursuant to VTL § 1193 and related sentencing provisions, the court imposed a probationary sentence in lieu of jail, along with statutory fines, license consequences, and compliance with ignition interlock requirements under VTL § 1198. 

The outcome allowed the client to remain in the community while remaining subject to structured supervision and continued treatment obligations.