Second Offense DWI/DUI in New York

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The state of New York has multiple offense classifications for impaired drivers. These include:

  • Driving While Intoxicated (DWI):  .08 Blood Alcohol Content (BAC) or higher or other evidence of intoxication. For drivers of commercial motor vehicles: .04 BAC or other evidence of intoxication
  • Aggravated Driving While Intoxicated (Aggravated DWI): .18 BAC or higher
  • Driving While Ability Impaired by Alcohol (DWAI/Alcohol): more than .05 BAC but less than .07 BAC, or other evidence of impairment
  • Driving While Ability Impaired by a Single Drug other than Alcohol (DWAI/Drug)
  • Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol (DWAI/Combination)

Look-Back Period

For purposes of determining a prior offense, the period of time established in New York (the "look-back period") is ten years. In other words you will commit a second DWI/DUI offense if the earlier offense was within 10 years. In addition, greater penalties can also apply for multiple alcohol or drug violations within a 25-year period

Misdemeanor vs. Felony

If you were convicted of a DWI/DUI within the past 10 years and you are convicted again, your crime is classified as a Class E felony.

Penalties

  • A second A-DWI or DWI/DWAI-Drug violation in 10 years (E felony) will result in a $1,000 - $5,000 fine, a a minimum of days and a maximum jail sentence of 4 years and a license revocation of at least 18 months or one year (DWI/DWAI)
  • A second DWAI violation in 5 years will result in a $500 - $750 fine, a maximum sentence of 30 days and a license revocation for at least six months

In addition, you may be ordered to serve up to 30 days of community service.

New York judges are required to order that repeat offenders have ignition interlock devices installed, and they are also required to order alcohol assessments in these cases. If your assessment reveals you have a substance abuse problem, you may be required to get treatment.

New York DWI Law expressly bars reduction of DWI/DUI charges into lesser criminal offenses as a plea option. However, defendants in a second offense DWI/DUI case in New York still have significant opportunities, pending use of legal counsel and the case-specific nature of the charges, to negotiate favorable plea agreement terms or obtain dismissal of charges. For more information and insight, consult with a New York first offense DWI/DUI/DWI lawyer to learn more.

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