If you are convicted of a second DWI within ten years of a previous DWI or DWAI (Driving While Ability Impaired) conviction, you may face increased penalties due to the repeat offense.
Here is a general overview of the penalties for a second DWI offense in New York within ten years of a previous conviction:
- Second DWI offense with a Blood Alcohol Content (BAC) of 0.08% or higher but less than 0.18%:
- Class E felony
- Possible jail time of up to 4 years
- Fines ranging from $1,000 to $5,000
- License revocation for a minimum of 1 year
- Second DWI offense with a BAC of 0.18% or higher (Aggravated DWI):
- Class E felony
- Possible jail time of up to 4 years
- Fines ranging from $1,000 to $5,000
- License revocation for a minimum of 18 months
Please note that these are general guidelines, and the specific penalties you may face depend on the details of your case, your driving history, and other factors. Judges have discretion in sentencing, and other factors such as your level of cooperation with law enforcement, your criminal history, and the presence of any aggravating or mitigating factors can influence the outcome of your case.
In addition to the penalties listed above, you may also face other consequences such as mandatory alcohol education or treatment programs, installation of an ignition interlock device on your vehicle, probation, or community service.
If you are charged with a second DWI in New York, there are a few things to keep in mind. First, if your prior DWI conviction was within 10 years of the current DWI offense, you will be charged with DWI as a Class E Felony.
Furthermore, if your prior DWI conviction was within 5 years you will not be eligible for a conditional license during the pendency of your case, nor will you be eligible for a post conviction conditional license.
Additionally, if a person has a prior DWI within 5 years, and they are again convicted of another DWI, meaning an offense under Vehicle and Traffic Law 1192 (excluding 1192(1) DWAI), they must serve five days in local jail, or complete 240 hours of community service.
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