Are driving while intoxicated or while under the influence constitutes a severe offense in New York. Both arrest and conviction for this crime are crippling from careers and your right to drive in the State of New York to fines and potential installations of interlock devices in all vehicles registered to you.
However, a second offense charge in New York is potentially a felony. This means it is punishable by jail time, a lengthy loss of license, and additional restrictions once the person gets their license back.
- New York DWI and DUI Crimes and Laws
- New York “Bump Up” Felony DWI
A lot will depend on the nature of a person’s first offense, how long ago it was, and how skillful their lawyer is in presenting their situation to the court and prosecutor, but in the event, your prior DWI conviction was in the previous ten years, the law automatically provides for enhanced punishment and sentences. If you are facing a second-offense DUI, contact a New York second-offense DUI lawyer to protect your interests. A qualified DUI attorney can fight for you.
DUI/DWI Charges in New York
New York has several categories of DUI/DWI/DWAI charges, all codified under New York Vehicle and Traffic Law 1192:
- DWAI/Alcohol: Driving While Ability Impaired due to blood alcohol content (BAC) of .05 to .07 (.02 if you are under 21) or other evidence of impairment
- DWI/Alcohol Per Se: Driving While Intoxicated due to BAC of .08 or higher
- DWI/Alcohol Common Law: Driving While Intoxicated without a BAC reading, but characteristics demonstrating intoxication
- DWAI/Drugs: Driving While Ability Impaired due to a single drug
- Driving While Intoxicated on Drugs DWAI/Combination: Driving While Ability Impaired due to a combination of alcohol and drugs or a combination of drugs
- Aggravated DWI: Driving with a BAC of .18 or higher
The penalties for a second offense DUI/DWI/DWAI charge in New York depend on:
- A person’s age
- The specific quantity and type of substance(s) the person is alleged to have been impaired by
- The person’s license type (regular or commercial)
- The nature of their prior offense – DWI or DWAI
- How long ago the prior offense occurred
- Whether or not the person submitted to a chemical test