For those who have experienced the consequences of driving while intoxicated firsthand or know someone who has, it comes as no surprise that there are serious penalties for the decision to drive drunk. These penalties only intensify when there is a repeated offense, and these effects have the power to wreak substantial havoc on the offender’s reputation, home life, and finances. When it comes to being accused of driving while intoxicated (DWI), however, certain tactics the police may use may create circumstances that stack all the odds against you, leaving little room for your defense. This can be especially difficult if you already have an existing DWI on your record.
How Are Repeat DWI Offenses Addressed?
Unlike an offense of driving while ability impaired (DWAI), which implies your blood alcohol content level (BAC) is at least 0.05 but no more than 0.07 and that your driving ability is impaired, a DWI indicates a higher BAC and that you are intoxicated. Two or more of these heightened DWI violations can quickly demolish a driver’s record. The penalties for the variety of alcohol and drug-related violations here in the state of New York are diverse, ranging from hefty mandatory fines and the loss of driving privileges to jail terms. Repeat offenses are treated as either misdemeanors or felonies, depending on the circumstances, and the penalties are determined based on the number of repeat offenses within specific periods of time.
For example, a second DWI violation within a ten-year timeframe results in a Class E felony with fines up to $5,000 and a maximum jail term of up to four years, while a third DWI violation is deemed a Class D felony with fines up to $10,000 and a maximum jail term of seven years. As you can see, the fines and jail time increase as the repeat offenses pile up. If you are facing accusations of multiple DWI offenses, here are some other general penalties you can expect to come up against:
- Larger fines and sentences for any repeat offenses that occur within a 25-year time period
- Additional surcharges tacked on to misdemeanors and felonies, running roughly between $260 and $400
- Mandatory license revocation for a minimum of one year for second and third DWI violations, or a minimum of 18 months for a second or third aggravated DWI violation (AGG DWI). An aggravated DWI violation applies to a driver who is found to have a blood alcohol content (BAC) of .18 or higher, a much more serious offense.
Contact a Manhattan Criminal Defense Attorney
The moment you find yourself accused of another DWI, it is imperative that you speak with a qualified New York City DWI lawyer before you answer any questions or agree to any course of action. Let our dedicated, qualified attorneys at JOEY JACKSON LAW, PLLC step in and protect your best interests. We have more than 25 years of experience investigating our clients’ cases and defending their rights. Request a case evaluation by calling us at 833-JOEYJACKSON or 833-563-9522 today.