How Long Will I Go to Jail for a Third or Subsequent DWI in New York?

Getting convicted of a DWI in New York will result in various penalties. A third DWI, however, will yield even more severe consequences including jail time and license revocation. If you were arrested for a third DWI it is crucial that you acquire the help of a skilled legal professional. Reach out to a New City DWI defense attorney for help today.

What is a DWI?

DWI (Driving While Intoxicated) is the crime of operating a motor vehicle while under the influence of drugs or alcohol. If an individual is impaired by any substance to the point that it affects their ability to safely drive the car, they can be arrested and charged with a DWI.

In New York, several types of DWIs are recognized. Consider the following.

• DWI (Driving While Intoxicated): The driver has a blood alcohol content of .08 or more
• DWAI-Alcohol (Driving While Ability Impaired by alcohol): The driver has a blood alcohol content of .05 to .07, or .02 if under 21, and shows evidence of impaired mental or physical abilities
• DWAI-Drugs (Driving While Ability Impaired by drugs): The driver is impaired by a single drug
• DWAI-Combination: The driver is impaired by a combination or more than one drug or by a combination of drugs and alcohol
• Aggravated DWI: The driver has a blood alcohol content of .18 or more

Each offense will be accompanied by its own unique penalties and consequences.

What Are the Penalties for a Third DWI in New York?

The penalties associated with each type of DWI are as follows. Note that for it to be considered a third offense the arrest must occur within 10 years of the second offense.

Third DWAI-Alcohol:

• Misdemeanor
• License suspension of at least 6 months
• Fines of $750 to $1,000
• Up to 180 days in jail

Third DWI, DWAI-Drug, and DWAI-Combination:

• Class E felony
• License suspension of at least one year
• Fines of $2,000 to $10,000
• 1 to 7 years in jail

Third Aggravated DWI:

• Class E felony
• License suspension of at least 18 months
• Fines of $2,000 to $10,000
• 1 to 7 years in jail

How Long Will I Go to Jail for a Third DWI?

The amount of time you will spend in jail after a third DWI conviction depends on the details of your arrest and which offense you are charged with. While the above penalties are the standard guidelines, the actual sentencing can vary based on many factors including how intoxicated the driver was, their prior offenses, their age, whether or not they submitted to chemical testing, if anyone was injured, if there were minor passengers in the car, and more.

A third conviction automatically means a mandatory minimum sentence of 1 year but depending on aggravating factors like the ones listed above the driver could spend 7 years in jail. Speak with an attorney today for more information and legal assistance.