New York Third-Offense DUI Lawyer
Third offenses involving driving under the influence (DUI) – or driving while ability impaired (DWAI)/driving while intoxicated (DWI) as it is formally referred to in New York – are extremely serious charges with serious consequences. As repeatedly noted, a crime or even violation associated with New York VTL 1192 should not be trifled with.
The bottom line is that no one should try to handle a third DUI, DWAI, or DWI offense without the assistance of a New York Third-Offense DUI lawyer who understands the complex rules followed by prosecutors and New York courts. Contact an experienced DUI attorney who can help you build a strong defense.Types of DUI Offenses in New York
New York has several categories of DUI/DWI/DWAI charges relating to first, second, and third offenses.
First DUI Offenses include:
- DWAI/Alcohol: A driver has a blood alcohol content (BAC) of .05 to .07 (.02 if you are under 21) or shows other evidence of impairment – VTL 1192.1
- DWI/Alcohol Per Se: Driver has a BAC of .08 or higher – VTL 1192.2
- DWI/Alcohol Common Law: Drive exhibits traits of intoxication without a chemical analysis – VTL 1192.3
- DWAI/Drugs: Driver is impaired by a single drug – VTL 1192.4
- DWAI/Combination: Driver is impaired due to a combination of alcohol and drugs or a combination of drugs
- Aggravated DWI. Driver has a BAC of .18 or higher
Second DUI Offenses:
- Second DWAI/Alcohol offense within ten years: A misdemeanor offense that involves suspension of one’s license for up to six months, $500 to $750 in fines, and up to 30 days in jail.
- Second DWI, DWAI/Drug, or DWAI/Combination within ten years: A Class E felony which involves license suspension for at least a year, $1000 to $5000 in fines, and up to four years in jail. Class E Felony offenses cannot be expunged from a criminal record and must be reported on applications when asked.
- Second Aggravated DWI Offense within ten years: Also a Class E felony, this charge results in license suspension for at least 18 months, $1000 to $5000 in fines, and up to four years in jail.
Third DUI Offenses:
- Third DWAI/Alcohol offense within ten years: A misdemeanor offense which requires suspension of the driver’s license for at least six months, $750 to $1,000 in fines, and up to 180 days in jail.
- Third DWI, DWAI/Drug, or DWAI/Combination within ten years: Suspension of your license for at least a year, $2,000 to $10,000 in fines and up to seven years in jail. This is another class E Felony offense which cannot be expunged.
- Third Aggravated DWI Offense within ten years: A Class E felony requiring license suspension for at least 18 months, $2,000 to $10,000 in fines, and up to seven years in jail.
The penalties for second and third DUI/DWI/DWAI offenses in New York can vary depending on many factors, such as a person’s age, how they were impaired, their license type, prior offenses, and whether or not they submitted to a chemical test.
An individual may also have to pay additional fines, enroll in driver safety programs, use ignition interlock devices, and may even have their license revoked altogether, depending on the circumstances.Help from a Lawyer
If you have been charged with a third offense DUI/DWI/DWAI in New York, do not go it alone or face a greater risk of incarceration, a felony record, a revocation of your license to drive in the State of New York as well as the installation of an interlock device wherever you may have a vehicle.
- BAC Calculator (Educational Purposes Only)
- Conditional License & New York DWI Law
- Drinking Driver Program: DDP
- New York DWI – Ignition & Vehicle Interlock Device
- New York DWI Legal Presumptions Associated With Your BAC
- New York DWI Refusal Hearing & DMV
- New York Crimes Involving The Ignition Interlock Device
Be smart. Be proactive. Contact a New York Third-Offense DUI lawyer who can determine which legal defenses apply to your situation. Call the New York City DWI lawyers and former Manhattan prosecutors at (212) 312-7129 or contact us online today.