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Multiple DWI and DWAI Offenses In New York

Driving while intoxicated (DWI) in New York already warrants pretty serious legal penalties. Being arrested, charged and convicted of this crime a second and third time carries an even harsher sentence. A second DWI offense within 10 years of a prior conviction is a felony and may result in the loss of your driving privileges, costly fines, skyrocketing insurance premiums, and an extended prison sentence. With all that is at stake, it's crucial for people charged with a DWI in the Hudson Valley area to contact an experienced criminal defense attorney to defend their DWI charges.

Driving While Under the Influence of Alcohol or Drugs in New York

DWI

According to New York Vehicle and Traffic Laws Section 1192, it is illegal for a person to operate a motor vehicle while they are impaired or intoxicated by the consumption of alcohol.

If a motorist's blood alcohol content (BAC) is .08% or more, a person can be arrested and charged with a DWI. The limit is .04% for motorists who have a commercial driver's license (CDL).

DWAI

New Yorkers can also be arrested for driving while ability impaired (DWAI) if it is discovered that their BAC is between .05% and .07%. 

Penalties for a Second DWI Offense

If you charged with a second DWI within 10 years of having been convicted of a prior DWI you can be charged with a Class E Felony DWI. The penalties for a Class E Felony DWI are more severe and they can include the following:

  • Fines ranging from $1,000 to $5,000
  • A surcharge of $520
  • A prison sentence of up to 4 years
  • 5 years probation
  • At least one-year license revocation
  • Installing and maintaining an Ignition Interlock Device on any motor vehicle that you own or may operate for a minimum of 12 months
  • Paying a Driver Responsibility Assessment Fee of $250.00 a year for 3 years to the Department of Motor Vehicles.

Penalties for a Third DWI Offense

If you are charged with a third DWI after having been convicted of two prior DWI offenses within the last 10 years you can be charged with a Class D Felony DWI. The penalties are harsher and the most significant differences are that you can be sentenced to up to 7 years in prison and your fines can range from $2,000 to $10,000.

Penalties for a Second DWAI Offense

If you are charged with a DWAI within 5 years of having been convicted of a prior drinking and driving offense you face the following penalties:

  • Fines ranging from $500 to $750
  • Surcharge of $255 if the case is in City Court or $260 if the case is in a Town or Village Court
  • 30 days in jail
  • Mandatory revocation of your driver's license for at least 6 months
  • Paying a Driver Responsibility Assessment Fee of $250.00 a year for 3 years to the Department of Motor Vehicles

Penalties for a Third DWAI Offense

A person who is charged with a DWAI within 10 years of having been convicted of 2 or more drinking and driving offenses faces harsher penalties that include the following:

  • Fines ranging from $750 to $1,500
  • Surcharge of $395 or $400 depending if the case is in a City Court or Town/Village Court
  • Misdemeanor conviction
  • Up to 180 days in jail
  • 2 to 3 years probation
  • Mandatory revocation of your driver's license for at least 6 months

Loss of Your Driver's License After a Second Offense DWI

In New York, a conviction for a second DWI will automatically result in the revocation of a person's driving license. A revocation is different from a suspension. When a person's license is revoked, it means that their license no longer exists and will have to be reinstated.

For you to restore your driving privileges, you must wait until the revocation period is over, and apply for a new license. In order to successfully do so, you'll be required to pay for a re-application fee and meet DMV requirements. For more information about how you can get your license back in your unique situation, you should contact an experienced criminal defense attorney.

Refusing a Chemical Test - Implied Consent

A person must submit a blood, breath, urine, or saliva test upon an officer's request under the state's implied consent law. “Implied consent” is an insinuated agreement each registered driver makes to submit to chemical testing when appropriate. If a driver refuses to undergo testing, he or she will be subjected to mandatory administrative fines, immediate license suspension, and subsequent revocation of their driver's license if convicted.

A first-time violation of the implied consent law will result in a license revocation for one year and a civil penalty of $500. A second violation within 5 years of the first refusal carries penalties of an 18-month license revocation and a civil penalty of $750. It's important to note that the absence of chemical testing due to a refusal does not spare you of being charged or even convicted of a DWI. A prosecutor can still bring DWI charges if a driver has refused chemical testing.

Hudson Valley DWI Defense Attorney

Facing a DWI charge the second and third time around can leave you feeling defeated and worried for your future. But, with the help of a criminal defense attorney, you can get your sentence drastically reduced or your charges completely dropped. If you have been arrested for a second or third offense DWI in Hudson Valley or New York state, you need a skilled and experienced attorney in your corner. Contact my legal team for a free consultation.

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In criminal defense and personal injury cases, timing is everything. Give us a call at (854) 787-4757 today to weigh your legal options and to get acquainted with our team.

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