New York Third-Offense DUI/DWI Lawyer

Third-Time DWI/DUI Offense

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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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.

Satisfied Client Reviews

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

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

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.

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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

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

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

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

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.

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

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