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With repeated DWI offenses in New York State comes the potential for severe penalties and fines. Understanding the possible consequences will help you weigh your legal options for a defense. If you’ve been charged with Driving While Intoxicated (DWI) or Driving While Ability Impaired (DWAI), your case will depend on how many times you’ve been accused of offending before. To help you grasp your situation, here is a guide to different levels of infractions and their consequences.

Second Offense

A person charged with a second DWI or DWAI within 10 years is usually charged with a felony. This could mean a fine between $1,000 and $5,000, or up to four years in prison, or a combination of both. Your driver's license will be suspended for at least one year.

If the infraction occurred after this period, the charge will likely remain a misdemeanor. This can come with a fine of between $500 and $1,000, or up to one year in jail, or a combination of both. Your license will also be suspended for at least six months. If it's your second conviction within 25 years, you'll have this suspension even if you complete an Impaired Driver Program (IDP).

Third & Fourth OffensesDWI

A third or fourth DWI offense within 10 years is charged as a felony. You could face at least one year of license suspension, plus five additional years under certain conditions. Once a license is reinstated, you’ll need an ignition interlock device, which is a breathalyzer installed in your vehicle to allow you to start the car. You’ll receive a fine between $2,000 to $10,000 or spend up to seven years in prison.

For a third or fourth offense within five years, you must serve at least 10 days in jail or perform 60 days of community service.

Fifth Offense

After a fifth offense, you’re labeled a persistently dangerous driver. You may have your driver's license permanently revoked and receive a fine of $2,000 to $10,000. You will also spend a minimum of 10 days in jail if the offense occurred within five years of your prior offense, with a maximum of seven years, or need to perform at least 60 days of community service.

 

If you’ve been charged with a DWI or DWAI, call Fiandach & Fiandach for the strongest chances of a favorable result. Since 1979, they have been serving clients throughout the Monroe County, NY, area. As western New York's only board-certified DWI specialists, they understand the law and will work to secure your rights in any situation. Find out more about them online, or call (585) 244-8910 to schedule a consultation.

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