Second and Third DWI Offenses in Saratoga County

Once you’ve been charged with a second or third DWI offense, you may not be seen favorably by the Court or the District Attorney’s Office. They may even penalize you excessively for your repeat crimes. Despite this, your attorney can still help you salvage the situation and get you back on track to reintegrating into society. Your life doesn’t have to be over. You will experience consequences for your actions but with your attorney’s help, can return to a normal life after you’ve paid your dues. Reach out to a Saratoga County criminal defense lawyer at the Law Office of Gregory P. Garofalo now.

Photo of An Alcoholic Man Driving Car

What Happens if You Get 2 DWIs in NY?

If you get a second Driving While Intoxicated conviction in New York, the penalties and consequences can be severe and it may rise to Felony charges. Here are some of the potential consequences of a second DWI in New York:

License Revocation

If you are convicted of a second DWI in New York, your driver’s license can be revoked for at least one year. In some cases, the revocation may be for longer periods, depending on the specific circumstances of the case.  As such, it may result in no right to operate a motor vehicle. 

Fines and Penalties 

A second DWI conviction in New York can result in fines ranging from $1,000 to $5,000. In addition, there may be additional surcharges and fees. The court may also require community service or other penalties.

County or State Jail Time

A second DWI conviction in New York can result in county jail time ranging from 5 days to 4 years. The length of the sentence will depend on the specific circumstances of the case, including the driver’s blood alcohol content, prior criminal history, and any aggravating factors such as causing an accident or injury.

Ignition Interlock Device

If you are convicted of a second DWI in New York, you may be required to install an ignition interlock device (IID) in your vehicle. The IID requires the driver to blow into a breathalyzer before the vehicle will start, and will prevent the vehicle from starting if the driver is above a certain blood alcohol content.

Permanent Criminal Record

A second DWI conviction in New York is considered a subsequent DWI offense and can be convicted as a felony. This means it will be permanently recorded on your criminal record. This can have serious consequences for employment, housing, and other areas of life.

What Happens if You Get 3 DWIs in NY?

Three DWIs will result in a minimum 1-year suspension, jail time of up to seven years, and between $2,000 to $10,000 in fines. 

Penalties for DWI or Aggravated DWI

The penalties for Driving While Intoxicated and Aggravated DWI in New York can be severe and include the following:

DWI (Driving While Intoxicated)

If a driver’s BAC is .08 percent or higher, they may be charged with DWI. The penalties for a first-offense DWI in New York include a fine of $500 to $1,000, up to 1 year in jail, and a 6-month driver’s license suspension. A second DWI offense may increase the penalties, including a fine of $1,000 to $5,000, up to 4 years in jail, and a 1-year driver’s license revocation.

Aggravated DWI

If a driver’s BAC is .18 percent or higher, they may be charged with aggravated DWI. The penalties for a first-offense aggravated DWI in New York include a fine of $1,000 to $2,500, up to 1 year in jail, and a 1-year driver’s license revocation. A second aggravated DWI offense within 10 years increases the penalties, including a fine of $1,000 to $10,000, up to 4 years in jail, and a 1-year driver’s license revocation.

Aggravated DWI – With a Child in the Car

Leandra’s Law sets some of the toughest DWI provisions in the country. Under Leandra’s Law  First time offenders driving while intoxicated or impaired by drugs with a child less than 16 years old in the vehicle may be charged with a class E felony, punishable by up to four years in State prison.  Courts must order all drivers convicted of driving while intoxicated or aggravated driving while intoxicated to install and maintain an ignition interlock on any vehicle owned and operated by such driver for at least six months.  Drivers who drive while intoxicated or impaired by drugs and cause the death of a child less than 16 years of age in the vehicle may be charged with a Class B felony, punishable by up to 25 years in State prison.  Drivers who drive while intoxicated or impaired by drugs and cause serious physical injury to a child less than 16 years of age in the vehicle may be charged with the Class C felony, punishable by up to 15 years in State prison.

Photo of A Drunk Driver

What Are the Best Ways to Avoid Jail Time for a 3rd DUI?

An experienced DUI attorney may be able to help you reduce the likelihood of jail time or other severe penalties. Here are some potential strategies:

  • Plea Bargain 
  • Rehabilitation and Treatment
  • Expert Witnesses
  • Constitutional Issues

Does a Third-Offense DWI Charges Result in a Felony Offense?

In New York, for example, a third offense DWI can be classified as a Class D Felony, which carries more severe penalties than a misdemeanor conviction. Due to this subsequent DWI, your Class D Felony in New York can result in a fine of up to $10,000, up to 7 years in state prison, and a 1-year driver’s license revocation.
Get the representation you need from a Saratoga County DWI defense attorney who can help you get out of a terrible situation. Contact the Law Office of Gregory P. Garofalo now for a consultation.