Anyone who drinks and drives in New York State can expect to face severe penalties for their crime. The first DWI someone gets in New York is classified as a misdemeanor in most cases. The second DWI is a felony, if it happens within five years of when the first offense occurred. The third DWI within 10 years of that first offense escalates to an even more serious felony in New York, which has its own set of severe consequences. If you happen to get caught driving while intoxicated, then it's beneficial to hire a DUI lawyer to provide you with sound legal advice.
The first thing to understand is that there are different crimes that you can be charged for. These include:
DUI stands for driving under the influence. Your blood alcohol content is at or above the legal limit of .08, but under .18.
Consequences for 1st offense:
Consequences for 2nd offense within 10 years of the first:
Consequences for 3rd offense within 5 years:
DWAI stands for driving while ability impaired by alcohol. Your blood alcohol content is under .08, which is the legal limit in the state. This is the lesser crime of the two, but it still comes with consequences for the person who gets charged.
Consequences for 2nd offense:
Consequences for 3rd offense with 10 years of the first offense:
Your blood alcohol content while driving was .18 or higher. The consequences of this charge are similar to those of a regular DUI, although they do vary with each person and situation. The main difference with the consequences of this charge is that the duration of the revocation of license is generally greater. The license may also be permanently lost with multiple offenses.
As former NYS prosecutors, Tom Jackson and Ben Bergman know the laws regarding DWI testing in New York State and are prepared to defend you against a DWI or DUI accusation. Fill out the form at the top of this page to get a free assessment of your case.
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