Will I Lose My License for a Third DWI in New York?

Driving while intoxicated (DWI) is a serious offense in the state of New York. Penalties become more severe for each subsequent offense you are convicted of. For a person facing their third DWI in New York, the consequences can be severe and have a lasting impact on their lives. There is also a difference between a DWI and a DWAI (Driving While Ability Impaired). If you are convicted of a third DWI or DWAI in New York you will have your license suspended. For help getting your charges reduced or dismissed contact a New City DWI defense attorney today.

DWI vs DWAI

Both DWI and DWAI are crimes involving operating a motor vehicle while under the influence of drugs or alcohol. However, the laws surrounding these crimes do differ slightly.

To be guilty and convicted of a DWI a person must have a blood alcohol content of:

• 0.08 or greater (for individuals over the age of 21)
• 0.04 or greater (for commercial vehicle drivers)
• 0.02 or greater (for individuals under the age of 21)

A person could be guilty of a DWAI if their blood alcohol content was lower than the above requirements. Ability impaired simply means that their ability to safely operate a vehicle has been diminished due to alcohol consumption. If a driver has a blood alcohol content between 0.04 and 0.07 but they show signs of mental or physical impairment, they can be charged.

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

The penalties for a third DWI or DWAI in New York will vary depending on the individual’s age, how they were impaired, the severity of their impairment, prior offenses, whether or not they submitted to chemical testing, and more.

The standard penalties are as follows.

Third DWI:

• Class E felony
• Fines ranging from $2,000 to $10,000
• License revocation for at least 1 year
• Up to 180 days in jail

Third DWAI:

• Misdemeanor
• Fines ranging from $750 to $1,000
• License revocation for at least 6 months
• Up to 7 years in jail

Can I Get My License Back After a Third DWI in New York?

Depending on the details of your situation you may be able to get your license reinstated. The eligibility requirements for license restoration under New York state law include:

• Waiting for a revocation period
• Being in compliance with all court orders
• Installing an IID (Ignition Interlock Device)
• Paying a Driver Responsibility Assessment fee

After you are deemed eligible you can begin the reapplication process. Whether or not your license is reinstated is left to the discretion of the DMV.

Work With a Skilled DWI Attorney

Navigating the legal process of being charged with a DWI and losing your license can be complicated and stressful. Reach out to an experienced DWI attorney who can help you understand your rights and offer advice on how to apply to reinstate your license.