According to the National Institutes of Health, almost 33% of all drivers arrested for DWI already have at least one prior DWI conviction. Drivers who face this situation should know that a prior conviction can lead to more serious consequences – and this is true with virtually any type of criminal charge. Criminal courts tend to be lenient with first-time offenders, but “habitual offenders” are less likely to receive such treatment. This stresses the need for effective defense strategies, as penalties become increasingly more severe with each subsequent DWI conviction. By the time a driver commits a 3rd DWI offense in New York, they could face long incarceration periods, crippling fines, and other consequences. An experienced DWI defense lawyer in New York may be able to help drivers understand – and avoid – these penalties. To learn more, consider calling The Law Office of Benjamin Greenwald at (845) 567-4820.
Penalties Become More Severe With Each Subsequent Conviction
According to the New York Department of Motor Vehicles (DMV), penalties for DWIs become more severe with each subsequent conviction. While it is possible to avoid excessive consequences for a first-time DWI, the penalties for 2nd and 3rd DWI offenses in New York could be life-changing. Note that the penalties for DWI are identical to the penalties for Driving While Impaired by a Drug (DWAI-Drug) in New York.
Penalties for a 1st DWI Offense in New York
In the Empire State, those convicted of first-time DWIs face up to one year in jail. They may also face a fine of up to $1,000, and the DMV will revoke their license for up to six months. That being said, many first-time offenders escape maximum penalties with relative ease. Many drivers receive probation while avoiding incarceration altogether, and an experienced DWI defense attorney at The Law Office of Benjamin Greenwald may be able to help drivers pursue alternative sentencing programs. On the other hand, license suspension is always mandatory after a first-time DWI conviction in New York.
Penalties for a 2nd DWI Offense in New York
If a driver commits a 2nd DWI offense within ten years of their first conviction, they face more serious consequences. While a 1st offense is a misdemeanor, a 2nd offense is a class E felony. This is the least serious type of felony in New York, but it can still trigger prison sentences and the loss of certain rights. Perhaps most notably, convicted felons lose the right to bear arms. Drivers may face fines of up to $5,000 for 2nd DWI offenses, and they may spend up to four years in prison. Finally, this offense triggers a mandatory license suspension of at least one year.
Penalties for a 3rd DWI Offense in New York
If a driver commits a 3rd DWI offense within ten years of the first conviction, they face a class D felony. The maximum prison sentence for this offense is seven years with a fine of up to $10,000. However, the one-year mandatory license suspension is identical to that of a 2nd DWI offense. While class D felonies are serious, they usually encompass non-violent crimes.
DWIs vs. DWAI in New York
Drivers in New York should understand the differences between Driving While Intoxicated (DWI) and Driving While Ability Impaired by Alcohol (DWAI). A DWAI offense is less serious compared to a DWI offense, as it applies to “impaired” drivers who have a blood-alcohol content (BAC) of less than 0.08%. In contrast, drivers must have a BAC level of 0.08% or higher to face DWI charges in New York.
DWAI offenses can still lead to considerable penalties in New York. If convicted, drivers face up to 15 days in jail and a fine of up to $500. The DMV may also suspend their license for up to 90 days. Like DWIs, the consequences for DWAIs become more severe with each subsequent offense. A 2nd DWAI offense within five years of the first triggers a 30-day maximum jail sentence and a fine of up to $750 days. A 2nd offense also triggers a potential six-month license revocation. A 3rd or subsequent DWAI offense can lead to up to 180 days in jail and a fine of $1,500 – plus a license revocation of up to six months.
Even a First-Offense DWI Can Still Trigger Serious Consequences
New York has numerous laws that could make even a first-offense DWI very serious. A notable example is Leandra’s Law, which makes a first-time DWI a class E felony if the defendant had a child under the age of 16 in their vehicle at the time of the offense. If a first-time DWI offense leads to the death of a child in the vehicle of the defendant, class B felony penalties apply – with a maximum prison sentence of 25 years. If the defendant causes a serious injury to a child in their vehicle, they face a class C felony with up to 15 years in prison.
Drivers may also face up to one year in jail for a first-time aggravated DWI offense, which applies to defendants with BAC levels of over 0.18%. A first-time DWI offense may also lead to severe penalties if it involves serious injuries or deaths, and these incidents can lead to charges like vehicular assault or vehicular manslaughter.
Discuss DWI Defense Strategies at The Law Office of Benjamin Greenwald
Whether a driver faces a 1st, 2nd, or 3rd DWI offense in New York, it makes sense to take these charges seriously. By successfully fighting a 1st offense DWI, a driver can eliminate the possibility of more serious penalties with subsequent convictions. Effective defense strategies are even more important for those facing 3rd DWI offenses, as these defendants may spend years in prison if convicted. DWI charges may be easier to fight than many drivers realize, but it is important to get started as quickly as possible. The Law Office of Benjamin Greenwald may be able to offer assistance, regardless of the number of prior DWI convictions. Consider calling (845) 567-4820 to discuss defense strategies in more detail.
