New York Second-Offense DUI Lawyer

Driving while intoxicated or while under the influence, constitutes a serious offense in New York. Both arrest and conviction for this crime is crippling from careers and your right to drive in the State of New York to fines and potential installations of interlock devices in all vehicles registered to you.

However, a second offense charge in New York is potentially a felony. This means it is punishable by, jail time, a lengthy loss of license, and additional restrictions once – and if - the person gets their license back.

A lot will depend on the nature of a person’s first offense, how long ago it was, and how skillful their lawyer is in presenting their situation to the court and prosecutor, but in the event your prior DWI conviction was in the previous ten years, the law automatically provides for enhanced punishment and sentences. If you are facing a second-offense DUI, contact a New York second-offense DUI lawyer to protect your interests. A qualified DUI attorney can fight for you.

DUI/DWI Charges in New York

New York has several categories of DUI/DWI/DWAI charges all codified under New York Vehicle and Traffic Law 1192:

  • DWAI/Alcohol: Driving While Ability Impaired due to blood alcohol content (BAC) of .05 to .07 (.02 if you are under 21) or other evidence of impairment
  • DWI/Alcohol Per Se: Driving While Intoxicated due to BAC of .08 or higher
  • DWI/Alcohol Common Law: Driving While Intoxicated without a BAC reading, but characteristics demonstrating intoxication
  • DWAI/Drugs: Driving While Ability Impaired due to a single drug
  • Driving While Intoxicated on Drugs DWAI/Combination: Driving While Ability Impaired due to a combination of alcohol and drugs or a combination of drugs 
  • Aggravated DWI: Driving with a BAC of .18 or higher
  • Second-Offense PenaltiesThe penalties for a second offense DUI/DWI/DWAI charge in New York depend on:
  • A person’s age
  • The specific quantity and type of substance(s) the person is alleged to have been impaired by
  • The person’s license type (regular or commercial)
  • The nature of their prior offense – DWI or DWAI
  • How long ago the prior offense occurred
  • Whether or not the person submitted to a chemical test
  • Sentencing Possibilities and Penalties for Individuals Over 21

    If someone gets a second DWAI/Alcohol offense within 10 years, they could be facing suspension of a person’s license for up to six months, $500 to $750 in fines, and up to 30 days in jail. This is a misdemeanor offense.

    An individual with a second DWI, DWI/drug, or DWI/combination offense within 10 years, could face suspension of their license for at least a year, $1000 to $5000 in fines, and up to four years in jail. This is a class E Felony offense which cannot be expunged from a criminal record and must be reported on applications when asked.

    A person with a second aggravated DWI offense within 10 years could face suspension of their license for at least 18 months, $1000 to $5000 in fines, and up to four years in jail. This is also a class E Felony offense. Keep in mind that in all of these cases, a person could be assessed up to $250 a year in additional fines for three years under the state Driver Responsibility Program and be required to enroll in the DPP.

    A New York second-offense DUI lawyer can attempt to mitigate the penalties that an individual might face.

    Sentencing Possibilities and Penalties for Individuals Under 21

    If the individual is younger than 21 and their second offense is not an aggravated offense, the sentence could include license revocation for up to a year (or until they turn 21) together with civil penalties and fines.

    In all cases, suspension and fines can be increased if a person refuses a chemical test or has a commercial driver’s license. One will also face mandatory enrollment in a state educational program (New York Drinking Driver Program, or DPP, with all associated costs) and the installation of an ignition interlock device in their vehicle upon a conviction of any DWI crime.

    Contacting a New York Second-Offense DUI Attorney

    If you have been charged with a second-offense DUI/DWI/DWAI in any county in New York, you need to contact a New York Second-Offense DUI lawyer to discuss your situation and determine what legal defenses are available to you.

    Remember, whether the charge was a mistake or you simply had a lapse in judgment, you deserve a fair chance to make the situation right and move forward with your life. Call the Former Manhattan Prosecutors and New York DWI Lawyers at (212) 312-7129 or get in touch online today.

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