DRIVING WHILE INTOXICATED- 1ST OFFENSE, in violation of Vehicle and Traffic Law 1192 (03), an UNSPECIFIED MISDEMEANOR
- The sentencing Possibilities Are:
- 1) A definite sentence of imprisonment of up to 1 year. VTL 1193(1)(b),
- 2) Intermittent imprisonment for any term that could be imposed as a definite
sentence, if the court is not imposing any other sentence of imprisonment upon the
defendant at the same time, and if the defendant is not under any other sentence of
imprisonment having a term in excess of 15 days imposed by any other court. Penal Law
60.01(2)(a)(ii) and 85.00,
- 3) Probation for 3 years if (i) institutional confinement for the term authorized by law is or may not be necessary for the protection of the public, (ii) the defendant is in need of guidance, training or other assistance which, in his case, can be administered through probation supervision, and (iii) such disposition is not inconsistent with the ends of justice. Penal Law 60.01(2)(a)(i) and 65.00. The conditions of probation must include the installation and maintenance of an ignition interlock device. VTL 1193(1)(b),