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.
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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.
New York-New Jersey has several DUI/DWI/DWAI charges relating to first, second, and third offenses.
First DUI/DWI Offenses include:
Second DUI /DWI Offenses:
Third DUI/DWI Offenses:
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 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.
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.
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.
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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.
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