When custody becomes a real possibility
Jail is legally possible on most impaired-driving charges, but it is not the usual result in every case. Prior convictions and whether someone was injured tend to weigh most heavily, along with how the court views the facts of the particular stop. In New York, some repeat cases carry a mandatory period of incarceration, with community service as a possible alternative, so the law itself can narrow a judge's choices. A felony charge also widens the range of possible outcomes. Practice varies from county to county, which is why general statistics are a poor guide to your own case.
Alternatives courts often use
Many sentences combine several pieces instead of custody: probation or a conditional discharge, fines, a license consequence, treatment or education requirements, and in New York an ignition interlock device. Some courts run treatment courts for people whose cases are tied to alcohol or substance use. Community service, electronic monitoring, or intermittent sentences served on weekends are used in some places. Which of these is available depends on the court and the charge as well as on what a defendant asks for. Raising them early leaves time to prepare the groundwork they require.
Preparing the case for sentencing
What you do between arrest and sentencing can matter. Starting an alcohol evaluation in coordination with your lawyer and following its recommendations, keeping your job, and meeting family obligations are the kinds of facts that give a court a fuller picture of you. Letters from people who know you well can help, if they are honest and specific. Tell us about health conditions, caregiving responsibilities, and anything else a judge should understand. If you were held in custody after the arrest, even overnight, tell us, because that time can be relevant. If a treatment court seems like a fit, ask early, since entry usually involves its own screening. We explain realistically which outcomes are being discussed, without promising any of them.
