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Second-Time DWI/DUI Offense

If you have been charged with a second-offense DUI/DWI/DWAI in any county in New York, you need to contact a New York Second-Offense DUI lawyer to discuss your situation and determine what legal defenses are available to you.

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New York Second-Offense DWI/DUI Lawyer

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.

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

Second-Offense Penalties

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

Sentencing Possibilities And Penalties for Individuals Over 21

If someone gets a second DWAI/Alcohol offense within ten years, they could be facing suspension of a person’s license for up to six months, $500 to $750 in fines, and up to 30 days in jail. This is a misdemeanor offense. An individual with a second DWI, DWI/drug, or DWI/combination offense within ten years, could face suspension of their license for at least a year, $1000 to $5000 in fines, and up to four years in jail. This class E Felony offense cannot be expunged from a criminal record and must be reported on applications when asked.

A person with a second aggravated DWI offense within ten years could face suspension of their license for at least 18 months, $1000 to $5000 in fines, and up to four years in jail. This is also a class E Felony offense. Keep in mind that in all of these cases, a person could be assessed up to $250 a year in additional fines for three years under the state Driver Responsibility Program and be required to enroll in the DPP.

A New York second-offense DUI lawyer can attempt to mitigate the penalties that an individual might face.

Sentencing Possibilities And Penalties for Individuals Under 21

If the individual is younger than 21 and their second offense is not an aggravated offense, the sentence could include license revocation for up to a year (or until they turn 21) together with civil penalties and fines.

In all cases, suspension and fines can be increased if a person refuses a chemical test or has a commercial driver’s license. One will also face mandatory enrollment in a state educational program (New York Drinking Driver Program, or DPP, with all associated costs) and the installation of an ignition interlock device in their vehicle upon a conviction of any DWI crime.

Satisfied Client Reviews

Rachel is a fantastic lawyer and was help to help resolve my DUI with the best poasible outcome. She explained everything to me in detail to help me understand all of my options. Additionally Linda in her office was always extremely responsive and helpful and they were just a pleasure to work with! I am very happy with the outcome of my case and would reccommend Rachel's services to anyone who needs them!

Jennifer Parisi

This law firm turned a traumatic experience into a bearable one. Rachel and her staff were very communicative and honest about the process. That meant everything and also made us happy about our favorable outcome.

Asia Collington

Helpful, kind, and had my best interest in mind all the way through. Mrs. Kugel has been extremely generous with her time explaining each step of the process clearly and in easy to understand terms. The Kugel Law Firm delivered results exceeding my high expectations, in other words, completely dismissed.

Aaron Ross

At a time when my options were limited to non-existent, I contacted Kugel Law firm. That’s when I met Rachel. I never needed a lawyer before and was unsure of where to start. Rachel and Linda were kind, empathetic, calm and always a phone call away. Thanks to her, my case received the best possible solution. My case was closed, fully dismissed. OVER! I highly recommend her, if you need help. Rachel is the one!

Shana Davis

The level of knowledge, professionalism and service from Kugel Law is fantastic. Unfortunately, I've had experience with a number of firms over the years - Rachel and her team are top notch in comparison. I contacted, and spoke with Rachel, when searching and evaluating counsel for a family member. In a short period of conversation, I was comfortable, at ease and confident in their representation. They took a long view in managing a very difficult situation that ultimately resulted in a reduction of the charges that I never thought possible - a tremendous outcome from tremendous people.

Robert Taylor

I never been in a situation where it required a lawyer. So happy I went to the Kugel law firm. Rachel was supportive, honest, and cared more beyond just a check she was receiving from me. She checked up on me without me having to go serve for her. She always explained each outcome and possibilities and made me feel supportive during a horrific situation. Defiantly recommend to have you back and represent you in a case.

evangelis v.

I must admit I didn't think it was anyway I could have gotten around my DUI and REFUSING... I'm glad I chosen the KUGEL LAW FIRM.. (RACHEL)knock it out the park all charges dismissed and 4 other miscellaneous tickets as well. She's who you need worth ever Dollar and more...

Khalid Harris

I’m from California. I didn’t know who to turn too. Don’t know the laws and obviously don’t know the which roads to turn on in NYC. Thankfully I was able to get my DUI dismissed. Moral of the story, don’t drive with any alcohol in your system. Also check out Kugel Law Firm and Rachel and her amazing team if your in trouble.

Alex Moqadam

I chose The Kugel Law Firm based on the reviews that are so good that it was a bit suspicious. But make no mistake - they are all well-deserved. No outcome in the court system is guaranteed but Rachel will go out of her way to fight for you. She is a walking encyclopedia when it comes to this stuff and on top of that, she is super friendly and always available to talk and break things down for you. If you've found yourself in the unfortunate situation of a DWI then look no further. I can't imagine anybody better. Thanks Rachel!

Matthew Park

Contacting a New York Second-Offense DWI/DUI Attorney

BAC Calculator (Educational Purposes Only)
Conditional License & New York DWI Law
Impaired Driver Program: IDP
New York DWI – Ignition & Vehicle Interlock Device
New York DWI Legal Presumptions Associated with Your BAC

Remember, whether the charge was a mistake or had a lapse in judgment, you deserve a fair chance to make the situation right and move forward with your life.

Schedule a no-cost, no-risk case consultation with the Leading New York-New Jersey DWI/DUI Law Firm, The Kugel Law Firm.

New York (212) 372-7218 | New Jersey (973) 854-0098

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