New York DWI Repeat Offender Laws

Generally, the State of New York divides its standard DWI offenses into two categories: driving while intoxicated (DWI) offenses and driving while ability impaired (DWAI). The state laws then further separate these offenses into different drug and alcohol violations, including:

• Aggravated DWIs;
• DWAIs for alcohol, drugs, or a combination of both;
• DWIs based on blood alcohol content (BAC) of consumer versus commercial drivers;
• Zero tolerance laws; and
• Refusal to take a DWI test.

If an individual commits any of the above-listed DWI/DWAI offenses within a ten-year period from an initial conviction, that defendant will become a repeat DWI offender. Drivers who repeat one of these offenses within a five-year period will be considered repeat offenders and will also face:

• A mandatory jail sentence of five days or court-mandated community service for 30 days;
• Installing an ignition interlock device on their motor vehicle.

The penalties an individual may face in New York for a subsequent DWI conviction may be serious. For example, a first-time DWI/DWAI offender in New York may be required to pay fines ranging between $300 and $500. On the other hand, a third-time offender will be required to pay fines between $750 to $1,500 or more.

An individual may be facing any type of charges or a possible conviction for a repeat DWI/DWAI offense. If this is the case, it would be in their best interest to consult with a New York lawyer immediately for further legal advice.

What Are the Most Common Forms of Punishment for DWI?

In general, courts in New York are given discretion to determine what type of punishment a defendant should receive for their DWI/DWAI conviction. This means that, in addition to reviewing the statutory laws that apply to each case, a court may also consider the facts and circumstances surrounding the case.

Although the type of penalty that a court will ultimately issue may vary on a case-by-case basis, it will typically involve one of the following forms of punishment:

• Suspension or revocation of the individual’s driver’s license or vehicle registration;
• Fines, special assessments, surcharges, or various fees;
• Court-mandated counseling, treatment, or educational sessions;
• Vehicle-related penalties, such as installation of an ignition interlock device on a vehicle or forfeiture of a motor vehicle;
• Parole or probation, possibly with court-mandated community service hours; or
• A jail sentence of a minimum of between fifteen days and seven years or longer.

In addition, a driver who has been convicted of a first-time DWI offense should remember that the more times they are convicted of these types of crimes, the harsher the punishment will be for each subsequent conviction.

What Happens to a Repeat Offender After Each DWI Offense?

Similar to many other states, repeat offenders in the State of New York can expect to receive harsher sentences after each subsequent conviction of a DWI offense. This means that each time a defendant is found guilty of a DWI offense, the amount of fines and length of incarceration will likely increase.

In order to show how this process functions, consider the following penalties for DWI convictions in New York:

• A defendant who is found guilty of violating New York’s zero tolerance law for a second time may face:
  • A mandatory civil penalty of $125;
  • A $100 re-application fee;
  • Have their license temporarily revoked for a period of one year or until they turn 21 years of age;
• A driver who is found guilty of refusing a DWI test after being pulled over for DWI in New York within a period of five years from their last refusal will receive:
  • A mandatory $750 civil penalty;
  • Can have their license revoked for a minimum of eighteen months or permanently if they are a commercial driver;
• A second DWAI violation within a five-year period may result in:
  • Mandatory fines of $500 to up to $750;
  • A 30-day jail term;
  • Revocation of a driver’s license for a minimum of six months;
• A driver who is convicted of a second aggravated DWI offense will need:
  • To pay some amount of fines ranging between $1,000 and $5,000;
  • Serve a jail sentence of no longer than four years; and
  • Have their license temporarily revoked for a minimum of eighteen months;
• A third conviction for this type of offense can result in:
  • Fines ranging from $2,000 to $10,000 or more;
  • A seven-year prison sentence;
  • Revocation of a driver’s license for a minimum of eighteen months;
• A third or additional DWAI violation within a period of ten years may lead to:
  • A 180-day jail sentence;
  • Revocation of a driver’s license for a minimum of six months;
  • Fines ranging between $750 and $1,500;
• A repeat DWI/DWAI offender who is convicted for a second time within a ten-year period can receive:
  • R prison sentence of up to four years;
  • Have their license revoked for at least one full year;
  • Fines ranging from $1,000 to $5,000 or more; and
    • The crime will also appear on a criminal record as a Class E felony, which means it cannot be expunged; and
• Third-time offenders of this type of violation can receive:
  • A prison sentence of up to seven years;
  • Have their license revoked for at least a year or longer; and
  • Fines that start at a minimum of $2,000 and can go as high as $10,000 or more; and
    • A conviction for a third DWI/DWAI offense will be a Class D felony on the defendant’s criminal record.

Additional penalties that a court may impose when certain conditions are present include:

• Increased penalties for multiple drug or alcohol violations that occur within a twenty-five-year period;
• Permanent revocation of a driver’s license if a driver was convicted of a drug or alcohol-related offense or refused to submit to a chemical test three or more times within a ten-year period;
• Extra surcharges for misdemeanor and felony alcohol-related offenses that range from $260 to $400; and
• Temporary revocation of an individual’s driver’s license for a minimum of eighteen months if they were previously convicted of an aggravated DWI offense and then subsequently convicted of a DWI/DWAI offense within a ten-year period, or vice versa.

It is important to note that the State of New York does not allow a defendant driver to have convictions related to DWI or DWAI offenses to be expunged or sealed. This means that it is essential for a defendant who risks additional convictions to hire an attorney to represent them.

Do I Need a Lawyer if I’m Charged With Another DWI?

You may have been convicted of a DWI/DWAI offense in New York and are now facing charges for another of these offenses that could lead to a second conviction. If so, it is essential to consult with a New York DWI lawyer as soon as possible. Your lawyer can advise you of the laws in New York, defenses you may have available to you, and any protections available to you under the law.

Your attorney can advise you of your options, including whether or not you should accept a plea deal or take your case to trial. Your lawyer can explain the possible outcomes of each, as well as the penalties you may receive if you are convicted.

In some cases, your attorney may be able to petition the court on your behalf or negotiate with the prosecution for a reduced or alternative sentence, depending on the facts of your case. Your attorney will also be present during each court appearance to protect your rights.

If you need assistance getting your vehicle back or your New York State driver’s license reinstated, your lawyer can also help you with those issues. After a period of time, your lawyer may also be able to help you obtain a “Certificate of Good Conduct,” which can be helpful for securing a job once you have completed your sentence.