NY Criminal Defense Lawyer

DWI Second or Subsequent Offense


You’ve been through this before—the arrest, the waiting, and the stress that go with a DWI charge. But just because this isn’t your first charge doesn’t mean it’s any easier. As a matter of fact, the penalties for drunk driving get considerably harsher as your prior convictions increase. Now more than ever you need an aggressive advocate on your side.

You might think you know how this works, the whole court process and discussing possible plea agreements with the prosecutor. But an experienced, local defense lawyer can help ensure your constitutional rights are protected and can see that you get the best results possible on your day in court. From aggressively negotiating down the penalties and even potentially getting the charges dropped altogether, a defense lawyer is crucial in a drunk driving case.

Charged with a crime in New York? Please call (888) 435-4744.
call_now

No one can offer a guaranteed win in court. But we can offer our time and upmost effort on every aspect of your case. No two cases are the same and yours deserves individualized attention.

New York DWI Penalties – Multiple Offense

Under New York laws, a person can be charged with DWI if they are intoxicated while operating a vehicle and their blood alcohol content (BAC) is .08% or more.  However, if your BAC is greater than .18%, you can face aggravated DWI charges and far more serious penalties.

New York 2nd Offense DWI Penalties

  • Mandatory 5 days in jail or 30 days of community service, or prison time up to 4 years
  • Mandatory fine between $1,000 and $5,000
  • 1 year driver’s license suspension

NY 2nd Offense Aggravated DWI Penalties (E Felony charge)

  • Mandatory 5 days in jail or 30 days of community service, or prison time up to 4 years
  • Mandatory fine between $1,000 and $5,000
  • 18 month driver’s license suspension

NY 3rd Offense DWI Penalties

  • Mandatory jail time of 10 days or 60 days community service, or up to 7 years in prison
  • Mandatory fine of $2,000 to $10,000
  • 1 year driver’s license suspension
  • Ignition interlock device when license is reinstated
  • Alcohol Evaluation

NY 3rd Offense Aggravated DWI (D Felony)

  • Mandatory jail time of 10 days or 60 days community service, or up to 7 years in prison
  • Mandatory fine of $2,000 to $10,000
  • 18 month driver’s license suspension
  • Ignition interlock device when license is reinstated
  • Alcohol Evaluation

These are serious penalties and because it isn’t your first offense, the prosecutor is less lenient and less likely to offer a very lenient plea bargain. A defense attorney, however, can help analyze the case against you and explore any and all options for a favorable outcome.

You are facing a tough battle, but don’t give up hope. Defending your good name in the New York courts is something we want to discuss. We’ve handled many DWI cases but know that every case is different. Contact us today to discuss the specifics of your case and how we might be able to help.