A person arrested for a New York State DWI VTL § 1192.2 with a prior conviction in the last ten (10) years for:  DWI, Aggravated DWI §1192.2a, DWAI/Drug § 1192.4 or, DWAI/Combined influence drug and alcohol § 1192.4a, will be charged with an E Felony DWI.

Depending on the circumstances, a plea bargain may be offered reducing the charge down to a Misdemeanor DWI and if the plea is accepted the guilty party is subject to:

• Loss of the Defendant’s driver’s license for 1 year or more;
• A fine up to $1,000.00 and/or up to one (1) year in county jail;
• Three (3) years’ probation;
• A NYS surcharge of up to $400.00;
• The DMV driver responsibility assessment for $250.00 a year for three (3) years;
• The installation, at the Defendants cost, of an ignition interlock device for six (6) months or more on every vehicle owned by the Defendant and;
• Mandatory attendance and completion of the Victim Impact Panel, a program that details the harm caused to friends and family members who have lost loved ones because of DWI related road accidents.

Sounds bad? The penalties are significantly tougher for the Second DWI in the last five (5) years:

Everything previously listed plus five (5) days in county jail or thirty (30) days community service; ignition interlock devices for the entire license revocation period plus any additional time set by the Court; mandatory evaluation at an alcohol or drug assessment clinic and completion of any recommended treatment as a condition of probation and; no conditional license.

New York State takes an arrest for a second DWI very seriously and you should too!  A Defendant arrested for a second DWI in the last ten (10) years, whether it was a prior NY DWI or any out of state DWI, will be charged with an E Felony.  They face a sentence of up to four (4) years of prison and up to $5000.00 in fines.

Accordingly, three (3) or more alcohol or drug-related convictions, including refusals within 10 years will result in a permanent revocation of the Defendant’s driver’s license.  After five (5) years the Defendant may submit a waiver request to DMV to obtain an “A2 Restricted License” permitting the Defendant to drive with limitations and only with an ignition interlock device.  

If you have been charged with any NYS VTL § 1192 offense, you need good legal representation to explain your options and protect your rights. Call my office today to schedule a free confidential consultation.