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.