3 FAQs about a second DUI in New York

On Behalf of | Jan 25, 2023 | Criminal Law |

People make mistakes, especially after consuming alcohol. Unfortunately, some people have the same judgment of error more than once.

According to the New York State Police, 30% of the state’s fatal crashes involve alcohol. Even if you got lucky enough to not hurt anyone, a second DWI offense comes with harsh penalties.

1. What penalties come with a second DWI offense?

The state considers it a second offense if you get charged with a DWI within 10 years of your first DWI conviction. If the incident involved drugs, which makes it a DWAI, you will get a second offense within five years of the first. It also becomes a felony charge. While the state has different levels of felonies, at a minimum, you can expect to pay up to a $5,000 fine and plan on potentially serving four years in jail.

2.  Will a DWI come off my record?

Once you get a DWI conviction in New York, you will always have a conviction on your record. Along with not expunging records, the state does not allow the sealing of DWI charges.

3. What other potential consequences might I face?

Along with fines, jail time and possible community service, a DWI has long-lasting consequences. A second offense means a mandatory license revocation of 18 months or more. Prior to regaining your license, you must have an ignition interlock device for six months, which you will have to pay for. The state will also require that you complete alcohol rehabilitation and attend a drunk-driving victim panel.

Although you face charges, you may still have a plausible defense. Consider seeking help as soon as possible to help your case.