Driving while intoxicated (DWI) is a serious offense in New York, and the consequences become significantly more severe with each subsequent conviction. Multiple DWI offenses can lead to harsher penalties, longer license suspensions, and life-altering impacts on your personal and professional life. Understanding the legal process and potential consequences is essential if facing multiple DWI charges. At O’Brien & Eggleston, our Albany criminal defense attorneys have the experience and dedication to help you navigate these complex cases.
What Constitutes a DWI in New York?
In New York, you can be charged with DWI if your blood alcohol concentration (BAC) is:
- 08% or higher for most drivers.
- 04% or higher for commercial drivers.
- 02% or higher for drivers under 21 (Zero Tolerance Law).
Other impaired driving offenses include driving while ability impaired by alcohol (DWAI) or drugs (DWAI-Drug). Multiple offenses increase the severity of the charges and penalties.
Penalties for Multiple DWI Offenses in New York
Each additional DWI offense within a specific timeframe in New York brings harsher penalties.
That includes:
Second DWI Offense
- Classified as a Class E felony if it occurs within 10 years of the first conviction.
- Fines range from $1,000 to $5,000.
- Possible jail time of up to four years.
- License revocation for at least one year.
- Mandatory installation of an ignition interlock device (IID).
Third DWI Offense
- Classified as a Class D felony if it occurs within 10 years of prior convictions.
- Fines range from $2,000 to $10,000.
- Possible jail time of up to seven years.
- License revocation for at least 18 months.
- Continued use of an IID.
Certain circumstances can enhance the penalties for DWI offenses, including:
- High BAC Levels: A 0.18% or higher BAC can result in an aggravated DWI charge.
- Driving with Minors: Having a child in the vehicle at the time of the offense may result in a Leandra’s Law violation, carrying additional charges.
- Accidents or Injuries: DWIs involving crashes, injuries, or fatalities lead to more severe consequences.
Beyond the legal penalties, multiple DWI convictions can have lasting effects:
- Employment Challenges: A felony DWI conviction can limit job opportunities, particularly in industries requiring a clean driving record.
- Increased Insurance Costs: DWI convictions often lead to significantly higher auto insurance premiums.
- Loss of Driving Privileges: Losing your license for extended periods can disrupt your daily life and ability to work.
- Social Stigma: Repeated offenses may harm personal relationships and your reputation.
If you’re facing multiple DWI charges in New York, time is critical. The legal system moves quickly, and delays can make it harder to build a strong defense. Consulting our experienced DWI defense attorneys as soon as possible can make all the difference in your case.
How Our Albany DWI Defense Lawyers Can Help
At O’Brien & Eggleston, we understand the gravity of facing multiple DWI charges and the impact they can have on your future.
Our experienced criminal defense attorneys can:
- Examine the Evidence: We’ll review the circumstances of your arrest to ensure proper procedures were followed and challenge any questionable evidence, such as faulty breathalyzer results or improper field sobriety tests.
- Negotiate Reduced Charges: We’ll work to reduce your charges to a lesser offense, such as DWAI, when possible.
- Advocate for Alternative Sentencing: To minimize penalties, we can explore options like treatment programs, conditional licenses, or probation.
- Build a Strong Defense: Whether it’s your second, third, or subsequent offense, we’ll craft a tailored defense strategy to fight for the best possible outcome in your case.
Contact Our Criminal Defense Lawyers in Albany at O’Brien & Eggleston PLLC
Repeated DWI charges don’t have to define your future. At O’Brien & Eggleston, we’re committed to providing compassionate and aggressive defense to help you overcome this challenging time. Contact our Albany County criminal defense lawyers at O’Brien & Eggleston PLLC today by calling (518)-391-2369 or online to ensure your rights are protected. We have a strong track record of producing real results for our clients. Allow us to pursue the best outcome for your case, too.