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Repeat DWI Offenses Can Result in Significant Jail Term

Gavel and "Drunk Driving" sign

NY Attorneys Representing Repeat DWI Offenders

It is certainly no secret that New York is serious about problems associated with drunk driving. Indeed, the state’s DWI laws are some of the strictest in the nation. In recent years, the punishment – even for a first DWI offense – have become harsher. Depending upon the circumstances, a first time offender can face up to one year in jail. Even if jail time is avoided, a first offender faces:

  • A $500 fine (more if the circumstances appear aggravated)
  • License suspension/revocation for six months
  • Additional surcharges and increased insurance costs

Repeat DWI Offenses Carry Stiffer Penalties

Subsequent offenses incur greater penalties, more severe fines, and punishments. For example, a second DWI office is considered a Class E felony. Penalties can include:

  • $1,000 fine
  • License suspension/revocation for one year
  • Possible jail time of up to four years

A third DWI offense is considered a Class D felony. Penalties can include:

  • $2,000 fine
  • License suspension/revocation for one year
  • Possible jail time of up to seven years

New York law also requires all persons convicted of DWI to install an ignition interlock device (IID) on every car the family owns. Repeat DWI charges can even result in vehicle confiscation.

DWI With Child Passenger

Driving drunk with a vehicle passenger under the age of 16 is also a felony in New York. Conviction of such a charge can result in imprisonment for up to four years.

Plea Bargains Are Very, Very Rare

In quite a few states, it is possible for a person charged with driving under the influence to arrange a plea bargain whereby the offender pleads guilty to a lesser charge, such as reckless driving. In those states, the term “wet reckless” refers to such a plea. In New York, however, there are restrictions on what the District Attorney’s (D.A.) office can do in the face of a DWI charge. A “wet reckless” plea is rarely possible. Often, the best plea possible is a guilty plea to a Driving While Alcohol Impaired (DWAI) – the least serious of the alcohol-related driving charges. Such a plea is generally not possible for a repeat DWI charge, however. Most New Yorkers are ill-equipped to deal with a prosecutor from the D.A.’s office. A strong advocate is required.

Any DWI Charge is a Serious Matter

The first DWI charge is a serious matter. If you’ve been charged for a second or third DWI offense, the stakes are even higher. You may need aggressive legal defense in order to avoid potential jail time. If you have been charged with a DUI or DWI offense, you owe it to yourself to retain the best legal team available. The attorneys at Hacker Murphy have the judgment and experience to negotiate the best possible plea, and we also have the skill and tenacity required to take your case to trial, if necessary.

We are one of the most highly respected law firms in upstate New York and the Capital District. We have been representing clients for years; our law practice has stood the test of time. Make the right call. Call us now at (518) 663-6015 or complete our online form. The Hacker Murphy law firm has an attorney available to assist clients 24 hours a day, seven days a week, 365 days a year – even on holidays.