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What Happens if I Get a Second DUI in New York?

A DUI (Driving Under the Influence), also referred to as a DWI (Driving While Intoxicated), can result in a string of life-altering consequences. Along with potential property damage, serious injury, and sometimes even death, drunk drivers accumulate severe penalties that can stay with them for the rest of their lives. Driving under the influence of drugs or alcohol is a serious crime in New York. A first-offense DUI is considered a misdemeanor. A second DUI offense could be charged as either a misdemeanor or a felony. Either way, these convictions will mar your record for the duration of your life. Whether it is your first offense or not, every DUI case is going to be taken incredibly seriously. If you need representation, contact a New City DWI defense lawyer to discuss and evaluate the details of your case.

What Penalties Are There For a Second DUI in New York?

Because DUIs are considered priorable offenses, a second conviction will have more stringent repercussions. To be considered a second offense, your second arrest will have to occur within 10 years of the date of your first arrest.

There are many factors that a New York court is going to consider when determining the penalties of a DUI. The penalties you may receive will generally include:

  • Fines totaling $1,000 to $5,000
  • Mandatory enrollment in the New York Impaired Driver Program
  • License suspension of a year
  • 2 to 3 years of probation
  • Jail time ranging from 1 to 4 years

How Long Will My Sentence Be?

How long your sentence will last depends on the specific details of your case. It is impossible to guess how a court will rule in a DUI case without knowing the individual circumstances. Factors to consider when estimating the duration of a DUI charge include:

  • The individual’s BAC (blood alcohol content)
    • Your BAC levels will have an impact on the ruling. If your BAC was .15% or higher it will probably result in a lengthier sentence.
  • If you are a minor
    • Your age may affect the ruling. There are different laws for people who are legally allowed to consume alcohol versus a minor who illegally consumes it.
  • How fast you were driving
    • Driving under the influence at reckless or extreme speeds may contribute to a harsher verdict.
  • If you participated in chemical testing
    • Refusing testing requested by authorities is a factor that may allow the court to extend your sentence.
  • The physical consequences of your intoxicated driving
    • Did you get into an accident? Was anyone injured including you or innocent bystanders? Was anyone killed due to your drinking and driving? If so the court may choose to lengthen your sentence
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