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What are the penalties for a second DWI in 10 years in New York?

On Behalf of | May 11, 2017 | Drunk Driving |


The State of New York is known for many things-a vivid nightlife, rich culture and varied cuisine. One thing it is not known for is its stringent approach to drunk driving. New York has some of the toughest licensing policies in the country for repeat dangerous driving convictions.

First, similar to the rest of the country, a DWI charge will probably be filed when the driver has a blood alcohol content of .08 percent or higher-this is considered impaired to a substantial effect. An aggravated DWI is considered if the blood alcohol level is .18 percent or more. There are more classifications, based on the level of impairment and substance in question, such as alcohol or drugs or a combination of both.

For a first time DWI conviction, the penalty is a fine between $500 and $1,000, a jail sentence of up to one year and a license revocation of up to six months. If there is a second DWI conviction within 10 years of the first one, the driver must be given minimum 5 days in jail, up to 4 years and a license revocation for at least one year. The license penalties, fines and imprisonment vary, depending on the blood alcohol limit and the number of previous convictions of drunk driving.

New York residents may not know that when they will apply to have their driving license reinstated, the state will consider their previous driving record and their multiple offenses may have the effect of getting their application denied or delayed, depending on the circumstances.

Drunk driving penalties have the ability of not only affecting the driver’s life in the short run, but also in the long run, leaving the driver without a license permanently. This can affect their livelihood. It is therefore important to fight these charges from the onset and an experienced attorney may be able to help New York residents.