Third-Time DWI/DUI Offense

Proven Defense in Thousands of Resolved Cases

New York Third-Offense DUI/DWI Lawyer

Third offenses involving driving under the influence (DUI/DWI) – or driving while ability impaired (DWAI)/driving while intoxicated (DWI) as it is formally referred to in New York – are severe charges with severe consequences. As repeatedly noted, a crime or even violation associated with New York VTL 1192 should not be trifled with.

New York-New Jersey DWI and DUI Crimes and Laws

The bottom line is that no one should try to handle a third DUI, DWAI, or DWI offense without the assistance of a New York Third-Offense DUI lawyer who understands the complex rules followed by prosecutors and New York courts. Contact an experienced DUI attorney who can help you build a strong defense.

Types of DUI/DWI Offenses in New York-New Jersey

New York-New Jersey has several DUI/DWI/DWAI charges relating to first, second, and third offenses.

First DUI/DWI Offenses include:

  • DWAI/Alcohol: A driver has a blood alcohol content (BAC) of .05 to .07 (.02 if you are under 21) or shows other evidence of impairment – VTL 1192.1
  • DWI/Alcohol Per Se: Driver has a BAC of .08 or higher – VTL 1192.2
  • DWI/Alcohol Common Law: Drive exhibits traits of intoxication without a chemical analysis – VTL 1192.3
  • DWAI/Drugs: Driver is impaired by a single drug – VTL 1192.4
  • DWAI/Combination: Driver is impaired due to a combination of alcohol and drugs or a combination of drugs
  • Aggravated DWI. The driver has a BAC of .18 or higher

Second DUI /DWI Offenses:

  • Second DWAI/Alcohol offense within ten years: A misdemeanor offense that involves the suspension of one’s license for up to six months, $500 to $750 in fines, and up to 30 days in jail.
  • Second DWI, DWAI/Drug, or DWAI/Combination within ten years: A Class E felony which involves license suspension for at least a year, $1000 to $5000 in fines, and up to four years in jail. Class E Felony offenses cannot be expunged from a criminal record and must be reported on applications when asked.
  • Second Aggravated DWI Offense within ten years:  Also a Class E felony, this charge results in license suspension for at least 18 months, $1000 to $5000 in fines, and up to four years in jail.

Third DUI/DWI Offenses:

  • Third DWAI/Alcohol offense within ten years: A misdemeanor offense that requires suspension of the driver’s license for at least six months, $750 to $1,000 in fines, and up to 180 days in jail. 
  • Third DWI, DWAI/Drug, or DWAI/Combination within ten years: Suspension of your license for at least a year, $2,000 to $10,000 in fines, and up to seven years in jail. This is another class E Felony offense that cannot be expunged.
  • Third Aggravated DWI Offense within ten years: A Class E felony requiring license suspension for at least 18 months, $2,000 to $10,000 in fines, and up to seven years in jail. 

The penalties for second and third DUI/DWI/DWAI offenses in New York can vary depending on many factors, such as a person’s age, how they were impaired, their license type, prior offenses, and whether or not they submitted to a chemical test.

Individuals may also have to pay additional fines, enroll in driver safety programs, use ignition interlock devices, and even have their license revoked altogether, depending on the circumstances.

THIRD-TIME DUI/DWI?


Third DWAI/Alcohol offense within ten years: A misdemeanor offense that requires suspension of the driver’s license for at least six months, $750 to $1,000 in fines, and up to 180 days in jail. 


Third DWI, DWAI/Drug, or DWAI/ Combination within ten years: Suspension of your license for at least a year, $2,000 to $10,000 in fines, and up to seven years in jail. This is another class E Felony offense that cannot be expunged. Third Aggravated DWI Offense within ten years: A Class E felony requiring license suspension for at least 18 months, $2,000 to $10,000 in fines, and up to seven years in jail. 

DRUG DWAI

For a DWAI specifically for drugs, the fine will also range from $500 to $1,000. Again, there is the possibility of a jail sentence, but the maximum is one year. Finally, for a first-time DWAI with drugs, the driver will have their license suspended for at least six months.


If the DWAI is based on a combination of alcohol and drugs, the fine and jail terms are the same, but the driver will have their license revoked for at least six months.

ALCOHOL DWAI

For a DWAI specifically for alcohol, the acceptable ranges from $300 to $500. The maximum potential jail sentence is 15 days. Lastly, the driver will have their license suspended for 90 days. Under the zero-tolerance law, the driver has to pay a $125 civil fee and a $100 fee to terminate the suspension. There is no jail time, but the license will be suspended for six months.

Help from a DWI/DUI Lawyer for a Third Offense?

If you have been charged with a third offense DUI/DWI/DWAI in New York-New Jersey, do not go it alone or face a
greater risk of incarceration, a felony record, a revocation of your license to drive in the State of New York as well as the
installation of an interlock device wherever you may have a vehicle.


• BAC Calculator (Educational Purposes Only)
• Conditional License & New York DWI Law
• Impaired Driver Program: IDP
• New York-New Jersey DUI/DWI – Ignition & Vehicle Interlock Device
• New York-New Jersey DUI/DWI Legal Presumptions Associated with Your BAC
• New York-New Jersey DUI/DWI Refusal Hearing & DMV
• New York-New Jersey Crimes Involving the Ignition Interlock Device


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

The Kugel Law Firm   

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

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